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ODR-The Future Trend Of Resolving China's E-Commerce Disputes

Posted on:2009-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:W P GaoFull Text:PDF
GTID:2166360242487560Subject:Litigation
Abstract/Summary:PDF Full Text Request
High litigation costs,Remote geographical apart,Enormous language and culture differences,Difficult laws apply,Complex jurisdiction determining and issues on recognitionand enforcement of judgments make traditional litigation, in the face of the numerous and complicated disputes in cyberspace, quite hard. The appearance of the Internet leads the determining and the balance of the traditional interests, and the types and the nature of civil disputes, to develop in a more diversified direction. In the meantime, it makes new network disputes settlement mechanism become possible. In order to adapt to the needs of practice, European countries and America propose an alternative mechanism "Online Dispute Resolution ".E-Commerce dispute has its uniqueness in cross-border, requiring the dispute settlement mechanism outside court proceedings to help resolve. Online Dispute Resolution mechanism to help resolve E-Commerce dispute may well be an option to be considered.Online Dispute Resolution mechanism abroad in recent years ,through several years'attempt and development, has yielded initial results. Online Dispute Resolutions,like other Internet functions or services, develop and change quickly, so there is a need to master its latest development. Online Dispute Resolution mechanism involves legal, technological, commercial, consumer behavioral problems and so on, and therefore, is a typical and compound problem. Currently, several major problems constrained China's E-Commerce development, including integrity, the safety of transactions and the lack of effective relief measures when disputes arise.This paper focuses on China's future development trend of Online Dispute Resolution mechanism and , discusses its advantages and obstacles encountered , combines many factors to elaborate its inevitable trend of existence and development. In addition, some improvement measures have been put forward to the shortage of its developing courses.Chapter 1 provides the overview of ODR, which outlines in brief the concept of Online Dispute Resolution mechanism , the historical development and types.Chapter 2 firstly from the advantages of ADR and unique advantages of ODR, elaborates ODR's advantages. Secondly, from four aspects elaborates the main problems of ODR , including a number of improvement measures over the issues made by the international community currently.Chapter 3 focuses on obstacles and development trend of China's Online Dispute Resolution mechanism. Firstly,the author briefly describes the current development of China's ODR Secondly, as the supplymentary of the main problems of ODR in international community, the author describes the unique obstacles in the development fo China's ODR .Thirdly, from the rationality,inevitability and the reality ,the author explains inevitable trend of China's ODR. Finally, against obstacles on the development of international and China's ODR, and the status of China ODR ,the author has put forwary desirable measures.In the conclusion section, the author points out that ODR's development has become an irresistible trend. ODR has been accepted to a considerable degree in today's international trade transactions. China should also take active measures, bases on national conditions and focuses on researches results and trends abroad, strives to foster our own Online Dispute Resolution mechanism.
Keywords/Search Tags:Dispute Resolution Mechanism, E-Commerce, ADR, ODR
PDF Full Text Request
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