On The Internet Shopping Disputes And Resolution

Internet Shopping is a commodity trading way, what the seller issues offer by through the Internet media and delivers subject matter, the buyer makes an offer and promises to pay the price. There are sellers and consumers and network operators. That all kinds of rights and interests of dispute among them, Becomes obstacles to the development of e-commerce.The cause and characteristics of network shopping disputeThe operators and consumers don't see each other in online shopping. It becomes the main reason for Internet shopping dispute. First, Consumers confuse the network operators and commodity sellers easily. Once the disputes arising from the sale, the main responsibility person is difficult to confirm. The second, The Consumers know products only through pictures and brief understanding of the commodities, Access to information compared with one-sided. It will lead to disputes inevitably. Final, the Internet shopping is through the electronic transfer of data to complete the transaction. Computer viruses, hacker attacks and insider manipulation make on-line consumers to worry the price pay and personal privacy security.The main features of network shopping dispute includes: First, the Jurisdiction over the proceedings is difficult to confirm. Dealers don't inform of its location to the general public. The location is difficult to investigate. There are no agreed or not agreed about how to bear postage, it causes difficulties that confirms the contract to carry out. The second, there is the high cost of litigation and serious waste of judicial resources. The amount of products subject is not high in online shopping, it would be worth through the dispute resolution proceedings, also contrary to the principles of efficient administration of justice. The third, consumer checks evidence hardly. The basic situation of the parties is difficult to identify. They deal with non-binding written contract. It will be a lot of difficulties and problems in different survey. Fourth, the application of the law to define the problem is unknown. There is no clear provision that Chinese Internet fraud applies to the General Principles of Civil Law or the Criminal Code to adjust in what circumstances.The general type of disputes in Internet shoppingThe disputes of goods qualityThe disputes of goods quality account for the vast majority of Internet shopping disputes. It disputes because of false advertising or no after-sales service. Network operators deceive consumers by way of false propaganda. Consumers determine the authenticity and reliability of the information difficultly through the practice of their own behavior. When they access to the goods, consumers find to have quality problems. If they claim to return the goods, it no way out. The web operators, sellers and producers pass the buck to each other. The after-sales service doesn't guarantee. The dispute of pay gold priceCompared to traditional trading, it is more different that the purchase price of the goods after payment in Internet Shopping. A variety of problems of Trading System, what makes the property of Consumers appears to be fragile. To achieve on-line payment depends on the development of online payment and the establishment of security certification center. One, the electronic instruments of on-line payment is very important to settle the disputes of Internet shopping. It includes electronic check, electronic cash, and credit cards and so on.The dispute of the contract termsIn the process of online shopping, the establishment and operation of the electronic contract will faces to risks. The sellers escape responsibility through inappropriate use of format of the contract or performance of the contract. The unfair contract terms often includes: the first is to reduce or remove the operators of their responsibilities, the second is to increase the consumer's responsibility, the third is to limit or deprive the rights of consumers, the fourth is unreasonable allocation of risk, the fifth is to shorten the statutory period for security, the sixth is the legal transfer of the proof burden, the seven is to agree provisions for resolving their dispute in favor of their own. The inappropriate behavior of fulfilling the contract in Internet shopping performances Delayed discharge, discharge with flaws or difficult to ensure after-sales service.The dispute of goods distributionThe goods distribution is the information flow of goods distribution, logistics problems. As the online shopping breaks through time and space limitations, the different distribution mainly concerns to the following three questions. First, freight is calculated unscientific. In most of the on-line shopping in China, Regardless of the weight and distance, the price is same. The second, the services are provided limited. The logistics company can't be co-existence for the door-to-door delivery services and the unlimited geographic reach. The third, it is no delivery guarantee. In addition to the post office, the express delivery companies in general don't provide insurance. If the cargo has problems, it is not a proper solution to find the distribution company.The resolution to the Internet shopping disputeThere is a big difference between the traditional dispute resolution and the network dispute settlement to determine the main parties and the court's jurisdiction. From the following two ways, you can consider how to resolve the dispute.The traditional resolution of Internet shopping disputeAfter the network dispute, Consumers and operators can solve by consultations, mediate by consumers association consultations, reconcile by administration, arbitrate and lawsuit. If the subject of controversy is not big and the case is simple, or talk face the credibility operators, Contradictions can be solved with the more satisfied results, through negotiation reconciliation and the third-party mediation. If the two sides can't reach a consensus, Consumers can appeal to the related administration, the administration will pursuant to the relevant national laws and administrative regulations to punish it. If the parties voluntarily submit disputes to arbitration board, it can also be solved well. The most authoritative means of dispute resolution is that consumers take judicial proceedings to the people's court. Most of the network disputes due to financial disputes under the new types of economic disputes. Most of the parties would choose litigation.The on-line resolution of Internet shopping disputeThe on-line resolution of Internet shopping dispute includes Online Arbitration, Online Mediation, and Online Negotiation, etc. It has the several of value advantages to resolve the networks dispute, such as rapid, low cost and convenience. ODR is one of the indispensable legal resolution measures to develop e-commerce and Internet economy. At present, the Chinese development of the ODR is still in its infancy. More successful ODR institutions are the Domain Name Dispute Resolution Center of Chinese International Economic and Trade Arbitration Commission and Chinese On-line Dispute Resolution Center.The Domain Name Dispute Resolution Center of Chinese International Economic and Trade Arbitration Commission mainly solves to the controversy triggered by the domain name. The Chinese On-line Dispute Resolution Center solves disputes in the Small. It has been launched Online Arbitration, Online Mediation, and Online Negotiation. Anonymous parties can resolve their disputes, debate with each other and produce the evidence, visit at any time in chat rooms to add evidence in 8 days. It is the first Chinese comprehensive online provider of dispute resolution mechanism.The countermeasures to prevent Internet shopping disputesImprove the legal system of network trading graduallyFirst, the law or regulation should be established to resolve Internet shopping disputes in china. The second is that the jurisdiction principle is established to help network consumer purchases. In most cases, network shopping dispute can only be jurisdiction to the home defendant or to fulfill a contract. This principle is detrimental to the development of e-commerce. The third is to establish the burden of proof under the new E-business environment. In the Internet shopping process, a large number of electronic data is acquired by a third party. Buyers often can not provide a valid e-evidence, Even if the evidence could be provide, its authenticity can not be determined. The fourth is to continue to strengthen the protection of network consumer privacy. When it strikes a balance between an individual privacy right and the benefits of free information flow, Internet business can be flourished. The fifth is to establish a national institutions dealing with network shopping disputes. The National Association of Consumer Rights efforts are limited. It is an ideal choice that the Internet shopping disputes is solved by the People's Courts. The sixth is to strengthen international cooperation. As the national laws and regulations conflict,the cross-border Internet shopping disputes solution has become very difficult. So it is very important to strengthen cooperation with other countries.To prevent the occurrence of online shopping disputes through various channelsThe first is to ensure the network transaction security. The operators and bankers should continue to enhance the safety and security, adopt certain measures and encryption technology to confirm the identity of consumers and authorization. The second is to establish a strict system of access product vendors and Accreditation. It must be devoted to establish a national certification system, which recognizes the legitimacy and authenticity and accuracy of network marketing companies. The third is to establish limited liability of network operators to run the network's system. That is, network operators must not be allowed to bear more than their actual capacity of the obligations, and not be allowed to stand in front of violations. The fourth is to establish a mechanism of first Compensation. We should establish a special agency to pay on-line compensation payment, which manage the network operator's special margin. The margin is the first Compensation for online transactions dealers in infringement question occurred. The fifth is to improve the social credit system. The management establishes credit files of the web site and business, assesses their credit rating objectively and fairly, publishes business at any time in breach of regulations, establishes a wide coverage of the credit system.