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Study on Issues of Jurisdiction and Choice of Law in Internet Defamation
Author: RenXianLong
Tutor: LiDongMei
School: Dalian Maritime University
Course: International Law
Keywords: Network Network libel Internet libel jurisdiction Internet defamation law applies
CLC: D997
Type: Master's thesis
Year: 2008
Downloads: 321
Quote: 2
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Abstract
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Development of Internet technology to create more development opportunities to the field of private international law, but also bring many challenges to the private international law. Cyberspace's global, decentralized management, information sharing and real-time, and the parties the multilateral nature as well as the identity of the secretive and so cause once the network resource abuse will the network defamatory prevalent, caused by a large number of cross-border network of libel cases. The network first face libel suits is to determine the world which country has jurisdiction over the lawsuit, then determine jurisdiction necessary to find the right fit with the applicable law of the case selection method based on certain laws. Actively exploring both practical and theoretical aspects of the countries in the face of the network of libel cases. In practice still applies traditional international defamation tort jurisdiction and the law applicable rules and characteristics of cyberspace to transform the traditional rules, the path of improvement on the traditional rules. In this article, the author also support this approach, and make a specific design in all practical and theoretical results of the expedition after the network defamation jurisdiction and the law applicable rules. This paper is divided into five chapters, the last part is just the conclusion of this article again summarized the key part of this article in the Chapter. Chapter 1 is a basic introduction to the Internet. Involved in the definition of the Internet and cyberspace definitions, characteristics, as well as several important concepts of network-related brief. Chapter 2 is an overview of the network for defamation. Mainly explore the network introduces basic issues of libel libel law rules, online defamation features and network defamatory value caused by the conflict. Chapter 3 and Chapter 4 is to first introduce the the traditional international libel infringement of the jurisdiction and the law applicable rules facing network defamatory suffered shock and impact, and then examine the practices and national legislation of the countries in practice and theory. Chapter 5, Chapters 3 and 4 countries practice practice and national legislation and theoretical investigation and preliminary summary based on the mode of network defamation jurisdiction and the law applicable rules of the preliminary design and further elaboration. Concluding section to reiterate once again on the relative importance of the jurisdiction and the law applicable rules of the appropriate design of the network for defamation and reaffirming the design of the proposed rule in the fifth chapter.
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CLC: > Political, legal > Legal > International law > Private international law
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