| Summary: | 碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 97 === Nowadays, Domain Name is a popular issue in internet generation, and it also plays an important role in business. People cannot access into business websites without website address. Therefore, in business, Ｄomain
Ｎame become a popular star, and everyone wants to get the best Ｄomain Ｎame which is easy to remember and representative. Everyone also try to be the first one to get the right to have the best domain name. Due to above reasons, much disputation of Ｄomain Ｎame comes. This kind of disputation belongs to the matter of science and technology law. Science and technology law is raised newly in the law field. It is a new branch of traditional law, and it focuses on dealing with the disputation which is associated with the development of science technology. Because science and technology law originates in traditional law, it is necessary to study science and technology law based on traditional law. Due to science and technology law has quite close relation with traditional law, the combination of science and technology law is inevitable. It is impossible to study science and technology without learning traditional law.
Science and technology law deals with the disputation of Ｄomain Ｎame, and the nature is civil affairs. Civil affairs include dealing with the belonging of civil property.Moreover, the spirit of constitute is to protect civil property, and such basic right is a part of constitute preservation. Constitute preservation cannot be violated. Domain Ｎame disputation solution method aims to solve the disputation of domain name, and to protect civil property. The Ｄomain Ｎame disputation solution method originates from the civil procedure act. Therefore, in order to know the appropriateness of Ｄomain Ｎame disputation solution method, it is necessary to discuss the legal principles and system of the civil procedure act. Thus, the combination of science and technology law and traditional law is inevitable. Due to the legal principles and system of the civil procedure act is extensive and profound, it is not easy to account for in a one-hundred-thousand words assay. Thus, this study mainly focuses on the discussion and examination of the legal principles and system of Domain Name disputation solution method. For instance, adversarial system, official principle, oral procedure system, written procedure system, right of disposition, principle of debate, proceeding by party and court system, heard in the public system, not to be heard in public system, direct examination system, indirect examination system, legal sequence system, principal action system, barrister action system, doctrine of discretional evaluation of
evidence, system of legal evidence, capacity of a privy, condition of an action, litigation jurisdiction, avoidance system, litigation cost, service, date and period, and the
judgment effect. Last, based on the legal principles and system of the civil procedure act, this study aims to compare and contrast the appropriateness of the combination of civil procedure act and Domain Name disputation solution method.
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