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Abstract

The infringement has great significance in determining the territorial jurisdiction of the infringement cases as well as foreign infringement on the law applicable to most countries in the world are as jurisdictions connection point. With the progress of human society, especially after entering the Internet age, the endless stream of Internet triggered a variety of legal issues, and gradually breeding to real life, tort areas have not been spared. Traditional territorial jurisdiction applies the rules of the confirmation of the infringement takes place has been a great challenge, to confirm whether the network the infringement to apply the theory of traditional tort ground, causing a wide range of domestic and foreign scholars explore and put forward their views, or even to explore to put forward some new theory. Perspective of the network determine the infringement on the basis of the analysis of the traditional tort theory, combined with the theory and practice of the Anglo-American countries in the issue of Internet jurisdiction and our network the infringement legislation and practice, and make their own some of the views. To further enrich and improve the network infringement issues in China's research. This paper is divided into five chapters, more than 30,000 words. The first chapter deals with the concept of network infringement, features and the Attribution Principles. By comparative analysis of the point of view of the scholars in the definition of the concept, and make their own considered more suitable formulation. Further analysis of the characteristics of network infringement imputation principle, to lay the foundation for the next discussed. The second chapter focuses on network confirmation traditional tort theory and jurisdiction of the challenges and impact of the infringement. First departure from traditional tort theory, analysis of the difficulties faced by the traditional theory of the infringement in the Internet age, and further pointed out that the network challenges the traditional tort jurisdiction tort and impact of the core issues need to be addressed in this article. The third chapter discusses determine network infringement and relevant foreign jurisdiction theory and Analysis jurisdiction system of the Anglo-Saxon countries and abroad due to the emergence and development of the Internet triggered new jurisdiction theory, provide a comparative reference for the discussion of . Chapter 4 discusses the network the infringement legislation and practice, through legislative discourse and assessment, while certainly these legislative, combined with the network determine the infringement problem in practice, put forward in the legislative and The practice needed improvements. Chapter comprehensive chapters especially the second, third, four chapters discussed in the draw on the research of other scholars based on combining their own thinking, put forward some discussion, to be able to solve our network tort to determine offer advice and suggestions.

Network tort legal issues

Abstract

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