互联网案件中协议管辖的规制

On the Regulation of Agreement Jurisdiction in the Internet Cases

众所周知,网络的虚拟性、超国界性等特点给涉网的民商事纠纷的管辖权确定带来冲击,传统的以地域为连结因素的管辖权确定方法在网络案件中遇到了困难,被告所在地、合同履行地、侵权行为地等连结因素的确定在网络环境下变得不明确。而协议管辖这种充分体现当事人意思自治的管辖权选择方式在网络环境下更显现了其巨大的适应能力,成为确立管辖权的最有效和直接的方式,但在网络环境下,如何使协议管辖更加的合法、合理则成为涉网案件中协议管辖研究的重心。

As we know, the features of Internet such as virtual and no territorially have brought impact on the civil cases of Internet-related, traditional methods to determine jurisdiction which take the district as conjunctive factor have encountered difficulty in the Internet—related cases. The factors to determine the jurisdiction such as forum rei, lex loci contractus, lex loci delicti become indefinite in the Internet surrounding. As one of methods to choose jurisdiction, agreement jurisdiction manifests gigantic adaptation ability because it embodies sufficiently the autonomy of will doctrine, and become the most available and direct mode to determine the jurisdiction. But in the Internet surrounding, the research emphasis of agreement jurisdiction in the Internet—related cases become how to make the agreement jurisdiction much more lawful and justified.