The Research Of Online Dispute Resolution Mechanism To Solve Online Shopping Disputes

Under the background of rapid development of Internet technology, online shopping gets the favour of the broad masses of the network users. In the sharing of convenient shopping way that science and technology brings, consumer also faces the conflict between the traditional solution and effective quick remedy. It is the thesis of this paper that solve the online shopping disputes with the use of network resources.This paper mainly shares four parts on the network shopping online dispute resolution mechanism.The first part of this article, based on the report from i Research and China Consumer Association and current situation of online shopping in the network environment that current Internet technology has developed rapidly in our country, we analyzes the shortcomings of litigation and non-litigation settlement mechanism when we use these two kinds of mode to cope with the current online shopping rapid development and the rising rate of online disputes. When we solve online disputes through litigation, we face big cost of lawsuit and also it is difficult to determine jurisdiction. As for the traditional non-litigation, the parties face the plight of "non-face to face" in the dispute resolution process. The author further analyzes the global and trans-regional traits. Besides, online shopping disputes show the features of "screen to screen", small quantities, large quantity and wide scope,and these four characteristics are different from the traditional disputes. As the above factors, the author puts forward to resolve the shopping online disputes over the network.The second part is an overview of ODR(Online Dispute Resolution) online dispute resolution mechanism, first, the author introduces the current situation that online shopping network dispute is not resolved satisfactorily, which does not match the continuous expansion of online shopping and the rapid development of Internet technology and the background in which we use Internet technology to solve social problems; secondly, the author introduces online consultation, online arbitration, online mediation, online litigation and other online complaints; finally, the author analyzes the three obstacles when ODR runs: the first is the impact of legal culture; secondly, the parties do not trust online dispute resolution mechanisms; thirdly, the parties prefer to resolve disputes by the national office working personnel and there also exists the habit of free ideas barriers, institutional barriers, as well as the problem of weak propaganda.The third part discusses the legal value of ODR from the latitude of justice and efficiency, the specialized requirements, network culture foundation, financial support, personnel, institutional basis, legal basis, to demonstrate the feasibility of the ODR.In the fourth part, the author propose the suggestion to perfect ODR combining with the development of the current network shopping and ways to solve the online shopping disputes. We should insist on the principle of fairness, convenience, transparency; and then set up online the ODR dispute site with indirect government intervention and active market main body participation in two-step; strengthen the enforcement of rulings, standardize the honest and reliable quality about network shopping industry, establish and perfect the unified and standardized trust badge labeling system, perfect the safeguard mechanism of the Internet trading platform. At last, each participation main body strengthen the cooperation, promote the establishment and development of online dispute resolution mechanism to perfect the supporting system of online dispute resolution mechanism.