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Network infringement cases of international jurisdiction issues

Author: GaoFu
Tutor: MaLingXia
School: China University of Political Science
Course: International Law
Keywords: Network infringement cases International jurisdiction Long Arm Jurisdiction Judicial practice Forum non conveniens Research Jurisdiction under Australia Introduction Network Features
CLC: D997
Type: Master's thesis
Year: 2006
Downloads: 342
Quote: 1
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Abstract


This article is about the network infringement cases international jurisdiction issues a paper , the author describes the development of the Internet on the challenges posed by the current system, with jurisdiction over the impact of the network on the jurisdiction of the United States and other countries of the theory and practice of justice brief assessment , and Some new network theory and mode of jurisdiction had a thorough discussion , trying to find out the traditional jurisdictional rules applicable in the network in new ways. In this paper, the use of empirical and comparative analysis method is proposed for determining the network infringement cases their jurisdiction some superficial thinking and recommendations to resolve network infringement cases for jurisdictional issues can help. Article is divided into four parts: The first chapter describes the background knowledge of the network , and then elaborated on network development system with the traditional jurisdiction of the challenges that arise with the impact of papers in order to determine the central issue - international network infringement cases jurisdiction to determine the standards and principles of research . Chapter II introduced the United States, Canada , Australia, Germany, four national judicial practice, through empirical analysis, denial of America's \jurisdiction to the traditional theory of \Chapter Three of the more popular on the international jurisdiction of the case to determine the network 's new theories and related presentations made ??under the relevant jurisdiction , and various theories and the advantages and disadvantages are analyzed under the jurisdiction of that site , servers, access, etc. and can not become a network infringement cases under the jurisdiction of the new . By considering network characteristics , adaptation and development of tort theory, the infringement and , under certain circumstances the plaintiff 's domicile as a network infringement cases are under the jurisdiction . The fourth chapter introduces the jurisdiction of our network infringement cases judicial practice , while the Supreme Court to evaluate the relevant judicial interpretations , the last authors propose a comprehensive network infringement cases Suggestions jurisdiction , as specified in the principles of international coordination , the traditional connection points the extend and \

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