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On E-commerce Dispute Resolution System

Posted on:2009-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z ChiFull Text:PDF
GTID:2166360272479709Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of e-commerce, a large number of transnational and trans-regional civil and commercial disputes are brought by transnational and trans-regional transactions. During the permanent of the characteristics of internet, which are virtuality, globality, no central management and highly autonomy, to relative legal relationship, the present legal system is challenged, and insurmountable difficulties are met in jurisdiction, govern law, adjudge acknowledgement and execution. So, alternative dispute resolution takes the advantage position for its agility in e-commerce dispute resolution. But the traditional ADR is hard to get used to the need of the global and effective e-commerce, so that the ODR is bloomed worldwide, especially in European & American, where the e-commerce well-developed.There is a long fine tradition of alternative dispute resolution in China, providing a good cultural background for ODR development. But on the first step of ODR research, there is hardly any practice about ODR. The first special online dispute resolution institution "China Online Dispute Resolution Center"(China ODR) was found in June 2004, any part in dispute could register the case to the site through Internet applying for online reconciliation or negotiation. But it is far enough to set up a whole system for China e-commerce dispute resolution to build just a authority web site, it is a systematic project. The foreign country has gone a long way of e-commerce, so that there are many advanced experiences and successful models. Bring them together with the present situation of e-commerce in China, perfecting legislation, enforcing the institution settings and improving the program of dispute resolution, that will be the critical way to constructing the China e-commerce dispute resolution system which fit the national situation and present condition in the country.
Keywords/Search Tags:e-commerce, e-commerce dispute, alternative dispute resolution, online dispute resolution
PDF Full Text Request
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