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On the Judicial Jurisdiction of Network Torts

Author: WenChuanJun
Tutor: CheChuanBo
School: Jilin University
Course: Legal
Keywords: Internet piracy Jurisdiction Plaintiff's domicile The infringement
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 152
Quote: 0
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Abstract


Jurisdiction of Internet infringement case problem caused many disputes. Due to network space global, virtual and network management of decentralization, the traditional jurisdiction principles is hit. At present, the theoretical circle under the jurisdiction of the existing new sovereignty theory, theory of relativity, the server as a jurisdiction according to various theories. This article from the analysis of the impact of Internet on the traditional jurisdiction principles, a comprehensive review is given on a variety of new jurisdiction theory, on the basis of sufficient demonstration at the same time, analyses the jurisdiction of the supreme people's court about network infringement of two judicial interpretations, and proposed the corresponding legislative Suggestions. Attempts to based on the traditional tort litigation jurisdiction rules, combined with the characteristics of network technology to find solutions, network infringement lawsuit the plaintiff's local court, the court in the place where the defendant is domiciled shall or tort under the jurisdiction of the court. Network tort to determine should distinguish tort implementation and results, and the computer terminal, ICP servers is located, is intended to use as a reference factor, etc. Finally put forward between countries should learn from each other, reference, improvement, in the improvement of the domestic network case jurisdiction at the same time, strengthen international cooperation, in order to jointly cope with the network to the impact of the traditional jurisdiction.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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