| The development and progress of network information technology has constantly changed all aspects of people's lives,especially in the global commodity transactions,and e-commerce has constantly impacted the traditional trade mode.With the social and economic development and progress,people's living costs are constantly increasing,competition among enterprises is becoming more and more fierce,people's work intensity is constantly increasing,overtime has become the norm.This has led to the constant compression of people's discretionary time.After work,not wanting to go out has become the normal life of more and more people.E-commerce breaks through the geographical and time constraints of traditional trading methods,and meets the needs of people who can buy without leaving home.In the process of mutual online transactions,conflicts of interest will inevitably occur,resulting in the emergence of disputes.However,a series of traditional dispute handling methods designed for offline trading environment are difficult to adapt to the global,frequent and linear characteristics of online trading.The online trading environment urgently needs a new way to deal with disputes to maintain the order of transactions and ensure the credibility and stability of the online trading environment.Online Dispute Resolution(ODR)meets online disputes processing well with its cross-regional linearity,convenience and efficiency.This paper will start from the background of Online Dispute Resolution Mechanism and the development of Online Dispute Resolution Mechanism abroad to analyze the current situation and dilemma of ODR in China,and discuss the feasibility of the development of ODR in China by analyzing the operation of several typical ODR platforms in China.Taking the"Online Diversified Dispute Resolution platform"as a model,this paper explores the development direction of Online Dispute Resolution Mechanism and the construction of specific system in China.The full text is divided into six sections.The first section elaborates on the definition of Online Dispute Resolution Mechanism and introduces three basic modes of online negotiation,online mediation and online arbitration.At present,there are different opinions on the definition of Online Dispute Resolution mechanism.The author prefers Online Dispute Resolution mechanism to be a non-litigation dispute resolution method to solve online disputes through online video,audio,e-mail and so on;The second section introduces the emergence and development of Online Dispute Resolution mechanism.Online dispute resolution mechanism is to adapt to the rapid development trend of e-commerce and solve online disputes which are not suitable for traditional dispute resolution methods in the process of online transactions.And under this background,the emergence and development of Online Dispute Resolution Mechanism in foreign countries;The third part is to analyze the development of Online Dispute Resolution Mechanism in China through"Taobao",which is an internal ODR of enterprises,"Zhongxin",which is an external ODR of enterprises,and online dispute resolution platform,which is a court ODR.And analyze the feasibility of its development and application in our country;the fourth section mainly introduces the various dilemmas faced by the development of Online Dispute Resolution Mechanism in our country;The fifth section undertakes the fourth section of the dilemma with our country's most exemplary Online Dispute Resolution platform as a model to explore the future development direction of ODR in our country.At present,the development of ODR in China is still in its infancy.The development of ODR platforms is unbalanced and lack of uniform norms,and they work separately,presenting a chaotic situation.There is an urgent need for a clear overall development direction,integrating resources,and jointly committed to the scientific and sustainable development of China's online settlement mechanism.The sixth section attempts to explore the establishment and improvement of China's ODR development system and supporting measures,to explore the specific system construction from the perspective of all parties involved in disputes,and to improve the integrity system of e-commerce,dispute resolution procedures,funds and personnel.Supply three aspects to explore the improvement of Online Dispute Resolution mechanism related supporting measures.In order to promote the healthy development of China's ODR mechanism,and ultimately achieve the goal of maintaining the stability and sustainable development of e-commerce business environment. |
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