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互联网经济是依托互联网技术的经济形态,因其本身具有虚拟性、隐蔽性和跨地域性等特征,这一方面导致发生在这一领域的经营侵权行为、不正当竞争行为日益突出等现象,另一方面互联网经济的这些特性也为监管部门对网络违法经营行为开展监管带来了发现、调查和取证上的难点。我国行政机关的案件管辖原则为属地原则,该传统做法已经无法适应我国政府监管网络经济的现状。党的十八届五中全会提出了“实施网络强国战略”以及“互联网+”等计划,可见互联网的经济发展乃是大势所趋。为实现依法监管互联网经营行为的目的,我们应当建立起一整套适用于工商部门管辖互联网经营行为的管辖权确定规则,而且这种规则还必须立足于被大众熟知、易于接受的传统规则,将传统的管辖权确定规则融入新的元素,使其服务于电子商务的发展。
Internet economy is relying on the economic form of Internet technology, because of its virtual nature, covert and trans-regional characteristics, which led to the occurrence of this area of ?? business infringement, unfair competition and other phenomena become increasingly prominent, and other On the one hand, these characteristics of the Internet economy have also brought difficulties in the discovery, investigation and evidence collection for the supervision of the regulatory authorities on the illegal operation of the Internet. The principle of case jurisdiction in our country’s administrative organs is the principle of territoriality, which has not been able to adapt to the current situation of our country’s government regulation network economy. The Fifth Plenary Session of the 18th CPC Central Committee put forward the plan of “implementing the strategy of strengthening the nation by network” and “Internet +”. All of this shows that the economic development of the Internet is the trend of the times. In order to regulate the Internet business activities in accordance with the law, we should establish a set of rules applicable to the jurisdiction of the business sector governing Internet businesses. And such rules must also be based on the traditional rules that are well known and accepted by the general public. The jurisdiction determination rules incorporate new elements to make it serve the development of e-commerce.