Abstract: The development of the Internet has come to a new phase in China Domain name becomes an important mark in business However, the judicial interpretation on cyber-squatter has several deficiencies, especially in the identification standard on whether a person registers and uses the domain name with malice It should consider the subjective state of the person, and add two more circumstances to the standard in determining whether the person has malice

Key words: domain name, registration and use, identification standard on malice