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在电子科技日益发达的今天,传统的交易模式受到冲击,网络交易逐渐成为人们选择的交易方式,其往往还附加了跨国性,这种跨国性不仅体现在每一个主体中,甚至交易的对象也往往跨越数国,但是交易却不再是面对面,仅仅通过一个个服务器便可远程达成。这种新的跨国交易方式,无疑会导致新型的争议及纠纷的产生,进而给以此为其调整对象的传统国际私法提出严峻的挑战,其中之一就是对国际私法管辖权的冲击。笔者将在下文对网络交易及其对国际私法在管辖权方面所带来的影响进行阐述,为我国在此方面提供可行的应对方式。
In today’s increasingly developed electronic technology, the traditional trading model has been hit. Internet trading has gradually become the trading mode of choice. It often adds transnationality. This transnationality is not only reflected in each subject, but also the target of the transaction Often across several countries, but the transaction is no longer face to face, just by a server can be achieved remotely. This new approach to cross-border transactions undoubtedly will lead to the emergence of new types of disputes and disputes, which in turn pose a serious challenge to the traditional private international law that is the object of their adjustment. One of them is the impact on the jurisdiction of private international law. I will elaborate on the network transactions and their impact on the jurisdiction of private international law in the text below, which will provide a feasible countermeasure for our country in this respect.