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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 all know, the virtual nature of the network, ultra-borderline and other characteristics of the civil and commercial disputes over the network to determine the impact of the jurisdiction to determine the traditional geographical determination of the connecting factors in the network encountered difficulties in the case, the defendant’s location, The performance of the contract, the determination of such factors as the infringement of the network environment becomes unclear. However, under the network environment, the choice of jurisdiction, which fully embodies the autonomy of party autonomy, shows its great adaptability and becomes the most effective and direct way to establish jurisdiction. However, under the network environment, how to make the jurisdiction of the agreement The more legal and reasonable become the focus of the study of agreement jurisdiction in network-related cases.