2011Mianyang Shifan Xueyuan xuebaoRequires access

On the Jurisdiction over the Disputes out of E-commerce in China and its Perfection

Hailong Yuan

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Abstract

The disputes out of E-commerce increase with its rapid development in China,but there is a lack of related laws for these disputes,especially for their jurisdiction.So far there are only two related regulations that have been issued by the People's Supreme Court,which is certainly not enough for the judicial practice.In order to avoid the active and passive conflicts brought up by the disputes out of E-commerce,therefore,it is of significance to reestablish the jurisdiction in accordance with the characteristics of E-commerce.This paper holds that the jurisdiction in China should mainly be the agreement jurisdiction,including arm jurisdiction and jurisdiction based on the doctrine of forum non conveniens.

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What this paper is about

The disputes out of E-commerce increase with its rapid development in China,but there is a lack of related laws for these disputes,especially for their jurisdiction.So far there are only two related regulations that have been issued by the People's Supreme Court,which is certainly not enough for the judicial practice.In order to avoid the active and passive conflicts brought up by the disputes out of E-commerce,therefore,it is of significance to reestablish the jurisdiction in accordance with the characteristics of E-commerce.This paper holds that the jurisdiction in China should mainly be the agreement jurisdiction,including arm jurisdiction and jurisdiction based on the doctrine of forum non conveniens.

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Available abstract

The disputes out of E-commerce increase with its rapid development in China,but there is a lack of related laws for these disputes,especially for their jurisdiction.So far there are only two related regulations that have been issued by the People's Supreme Court,which is certainly not enough for the judicial practice.In order to avoid the active and passive conflicts brought up by the disputes out of E-commerce,therefore,it is of significance to reestablish the jurisdiction in accordance with the characteristics of E-commerce.This paper holds that the jurisdiction in China should mainly be the agreement jurisdiction,including arm jurisdiction and jurisdiction based on the doctrine of forum non conveniens.

Key concepts: Jurisdiction, Law, Perfection, China, Doctrine, Subject-matter jurisdiction, Original jurisdiction, Exclusive jurisdiction

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