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Analysis On Online Dispute Resolution And Its Development In China

Posted on:2010-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:C X YangFull Text:PDF
GTID:2189360275494244Subject:Law
Abstract/Summary:PDF Full Text Request
The application of Electronic Commerce injects some new life into global economic and trade. Frequent transnational and trans-regional business activities arouse lots of equivalent civil and business disputes. Characteristics of E-commerce disputes, such as cross borders, challenge litigations—the traditional dispute resolution. Parties confront with insurmountable difficulties in jurisdiction, applying laws, recognizing and enforcing judgments. Under these circumstances, one kind of alternative dispute resolution—Online Dispute Resolution (ODR), arises to meet the need of quick and efficient E-commerce activities. Regarding that online disputes have greatly increased resulting from E-commerce developing rapidly in China, how to settle these disputes to ensure rapid and safe development of E-commerce becomes an urgent task in China. This article analyses advantages in developing online dispute resolution and points out problems it faces. Moreover, based on practices of domestic E-commerce development, the author tries to bring forward the suggestion on E-commerce development in technology, research, credit system and legal system. The article is divided into four chapters except for foreword and conclusion.In the foreword, the author introduces the background of ODR, purpose and objects of the article. Chapter One analyses the characteristics of E-commerce disputes and its challenges to litigation. Firstly it describes litigation—the traditional dispute resolution, and characteristics of E-commerce disputes; then analyses challenges of E-commerce to litigation. Chapter Two provides the survey of ODR. It parses advantages and basic forms of ODR. Chapter Three focuses on the development and trend of ODR. It summarizes current stages, problems and future development of ODR. Chapter Four puts forward the suggestion on developing ODR in China based on its domestic practices and problems occurred. In the conclusion, the summary is presented to brief the article.
Keywords/Search Tags:E-commerce, Litigation, ODR
PDF Full Text Request
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