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Juristic Issues of International Civil Jurisdiction in Cyber Space

Author: HuangXingYuan
Tutor: YuanQuan
School: Guangdong University of Foreign Studies
Course: International Law
Keywords: Network environment International Civil Jurisdiction Network - related international civil jurisdiction
CLC: D997
Type: Master's thesis
Year: 2008
Downloads: 113
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Abstract


International Civil Jurisdiction system is one of the core of the private international law. However cyberspace virtual, no borders and no centralized management features to bring the plight of the traditional rules governing international civil. This paper aims to reveal the impact of cyberspace traditional international civil jurisdiction system, and the analysis and comparison of the world's major countries and international organizations in the theory and practice of the civil rules governing proceedings for the network, on this basis, combined with China's legislative and practice the status quo, to build and to expect litigation improve our system of civil jurisdiction put forward ideas and proposals. The paper is divided into three parts. The first part by analyzing the cyberspace is different from the characteristics of the physical space, to reveal traditional international civil jurisdiction rules in the network proceedings facing difficulties. The second part of the analysis of relevant cases, statutes and doctrines, the similarities and differences of national rules, and analysis of national rules defects or can learn from it. I along U.S. courts the jurisdiction of the long arm of network principles to civil cases and gradually adjust and improve the main line, to examine key cases, come to the long arm of the basic theory of jurisdiction to resolve jurisdictional issues related to network and international civil cases concluded. Germany and Australia are basically advocates the expansion of the use of competent jurisdiction, such an approach is not conducive to the development of the Internet. EU in the determination of network-related international civil jurisdiction attaches great importance to the protection of consumer rights, it is worth our reference. The Hague organization has been committed to the unity and coordination of national private international law, organized several international jurisdiction in civil cases to resolve network-related issues international conference, international coordination in this field has played an essential role in our country in the establishment of jurisdiction system also attach importance to the role of international coordination. This section also analyzes the server site and access as jurisdiction is established according to the feasibility. Server and the URL has a spatial and temporal stability and more closely related, and therefore can be used as the basis for determining the jurisdiction of jurisdiction. Access because of the lack of these two conditions is not suitable as the basis for the establishment of jurisdiction. The third part of this article analysis of the legislation and practice of the network prosecute civil jurisdiction system status quo, and by summarizing the theoretical and practical experience of the world's major countries, combined with the status quo of China's development, build and improve our network prosecute civil jurisdiction system to propose ideas and suggestions. I believe that our network jurisdiction legislation should adhere to the principle of complementary legislation, to maximize the principle of freedom and global principles, combined with China's national conditions, to learn from countries advanced theoretical and practical experience on the network-related international civil jurisdiction, the traditional theory of jurisdiction be innovation and development, while focusing on coordination with international, to build the International Civil Jurisdiction system to adapt to the Internet age.

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CLC: > Political, legal > Legal > International law > Private international law
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