B2c E-commerce Transactions Dispute Resolution Mechanism

The rapid development of the Internet varied the traditional trading approach and meanwhile gave rise to the electrical commerce. the Net endowed the Electrical commerce with so many merits which made it popular and favorable by both operators and ordinary consumers. The great progress of B2C Electrical Commerce promoted the prosperity of our social economy. So there're experts predicting that Electrical Commerce would become one of the most important ways in commerce activities and would certainly arouse a global revolution in commerce.But the Electrical Commerce produced some problems as well as brought about reform to the trade. The resolution of trade dispute would be one of the problems, especially the B2C Electrical Commerce — the comparatively small trade amount, the business between different places usually, and together with the virtual feature of the trade subject— the above factors would make the resolution of trade dispute much more difficult than by traditional way. This article directly focuses on this problem.The whole article is divided into 4 parts. The 1st part mainly concerns the characteristics and the analysis on participants of B2C Electrical Business. This part introduces the definition and features of B2C Electrical Commerce. B2C Electrical Commerce is defined with the help of The Model Law of Electrical Commerce of The United Nations Commission on Internation Trade Law. Then the authorization of the legal obligation, status and responsibility between the operator and the websites—which are the two main participants in Electrical business — is analyzed; Finally some advice is promoted toward how to avoid the trade dispute for the consumers. Part II relates the current situation and exploration ofthe trade dispute resolution system in B2C Electrical Commerce, analyses the reason why the traditional resolution system cannot work under Electrical Commerce condition, discusses the necessity of establishing the effective resolution system for B2C Electrical Commerce trade dispute; and demonstrates the international search and practice in the resolution system. Part III mainly tells the non-litigation resolution system in B2C trade dispute. One method is that enterprises establish institutions by themselves to solve the complaint from consumers, while the author don't think it will work; the other is the current global approach of mediating or arbitrating the trade dispute by the external independent 3rd person which is called ODR. Actually the author do admire the positive effect of the ODR mode in B2C Electrical Commerce trade dispute which is worth making use of and perfecting by our own country. The last part is the core of the whole article which introduces the litigation resolution system in B2C Electrical Commerce. As the jurisdiction is the prerequisite for the litigation, only when the jurisdiction is determined can the procedure and virtual project be carried on. So we only discuss the jurisdiction problem of litigation in this article. This part firstly presents the relevant regulations of Chinese civil litigation jurisdiction which applies to electrical commerce; and then analyses the difficulty and challenge of the traditional jurisdiction theory which holds 'region, act, relation' as factors under Electrical Commerce condition with virtual, global, unlimited and open features; and then followed by American and European Union theory and practice in electrical business litigation jurisdiction — because they're more developed — especially American mode of Long Arm Jurisdiction Theory and the Sliding Scale Test and Effect Test which act as the jurisdiction standard that provides more focalization and flexibility when compared with the European mode still emphasizing physical relations. So the American mode more applies to thefuture developing trend of the electrical business jurisdiction than European Union' s. In the end the author advanced some thoughts and advice about the electrical commerce jurisdiction for our own country.