网络侵权纠纷司法管辖问题探析

On the Network Tortious Jurisdiction

网络的发展使传统的管辖权受到了冲击。对于网络侵权纠纷,传统的管辖根据仍然是可以发挥作用的,我们只是需要在网络环境下赋予这些管辖因素新的含义,使这些传统因素能和网络的新特点相结合,从而在网络与现实中为司法权的适当介入找到合理的平衡点。

The traditional jurisdiction, although attacked by the network development, cannot be discarded by us. As to network tortuous cases, the traditional jurisdiction carl still play an important role. Nevertheless, it is necessary to endow this with new connotation in the network and combine the traditional factors with the new characteristics of the network so as to find the balance point for the jurisdiction between the network and the reality.