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Hangzhou Internet Court' s Guidelines Regarding……

2017年08月19日08:36 浙江法院新闻网 评论字号:T|T

核心提示:杭州互联网法院涉互联网案件起诉及管辖指引英文版

  Hangzhou Internet Court' s Guidelines Regarding the Internet-involved Case Litigation and Jurisdiction

  1 According to the " Notice issued by the Supreme People's Court on 'the Proposal of the establishment of HangzhouInternetCourt'", sinceAugust18,2017,Hangzhou Internet Court has centralized jurisdiction over the internet-involved civil and administrative cases of the first instance originally under the jurisdiction of the basic people's courts in Hangzhou city:

  (1)contract disputes arising from Internet shopping, online services, small finance loans,etc. ;

  (2)disputes arising from internet copyright ownership, infringement;

  (3)disputes arising from the use of internet to infringe other person's personality rights;

  (4)product liability disputes arising from internet shopping;

  (5)internet domain name disputes;

  (6)administrative disputes caused by internet administration. The higher-level court may authorize Hangzhou Internet Court to have the jurisdiction over other civil and administrative cases involving internet.

  If the judgement at the first trial is not satisfied by the litigant, written order is appealed or the case is opposed, Hangzhou Intermediate People 's Court adjudicates that case.

  2 The specific scope of the above-mentioned civil cases involving internet at first instance courts are as follows:

  (1) contract disputes arising from online shopping:the seller displays its products on the internet and gives an offer; the buyer searches the information onlineand accepts the offer, and then two parties reach agreement and conclude a contract of sale. Their dispute arises outof the signing or the performance of the contract.

  (2) disputes over internet service contract:the disputes arising from the signing or performance of the internet service contract in which an Internet Service Provider (“ISP”) offers its customers access to the internet or an Internet Content Provider (“ICP”) provides information on the internet;

  (3)the disputes over the small amount financial loan contract on the internet:it refers to the dispute arising from the fact that the borrower,who had signed and performed the financial loan contract with the financial institution all through the internet, failed to repay the financial institution the principal and interest on schedule;and the dispute arising from the fact that the borrower,who had reached the small loan agreement with the financial institution or small loan company, failed to repay them the principal and interest on schedule;the loan amount in the small loan contract is up to five hundred thousand (500,000) Chinese yuan.

  (4)product liability disputes arise from the online shopping: after the producers ,sellers of the product produce and sell the defective products, the consumers suffer personal injury, property damage , consequently,the disputes arise from the liability of the producers or/and sellers.

  (5)the disputes arising from the internet copyright right ownership or infringement refers to the disputes arising from the ownership, infringement of the internet works (the works created in digital form, and published for the first time in the internet , such as novels、movies、games,not including computer software program) and the disputes arising from the infringement of information network transmission right of the non-internet works.

  (6) internet domain name disputes refers to the disputes arising from internet domain name contracts,internet domain names ownership and infringement,including disputes arising from internet domain name registration contract,internet domain name transfer contract, internet domain name license agreement , internet domain name ownership, internet domain name infringement.

  (7)thedisputes arising from the use of internet to infringe other person's personality rights refers to the disputes arising from the use of internet to infringe other person's right to reputation, other person's right to privacy and personal information.

  3 The dispute arising from the first instance administrative cases caused by internet administration refers to the administrative litigation cases of first instance arising from the administrative management of the relevant administrative law enforcement departments,which implement the "People's Republic of China Network Security Law" and other law

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