Study Of E-commerce Dispute Litigation To Resolve The Legal Issues

With the popularization of e-commerce's network, the dispute resolution in e-commerce plays a more and more important role in the real e-commerce legal relations. Compared with those so-called alternative dispute resolution systems, the litigation of electronic commerce disputes is much more a virgin soil. This thesis subjected as Study on Legal Problems in Litigation of E-commerce Disputes, tries to make a preparatory study in it. Under such a subject, at least two questions should be discussed. The first one is what is electronic commerce disputes and dispute resolution in e-commerce, and what kind of impact or challenge the electronic commerce disputes have brought to the traditional litigation system. The second one is how we can reform or improve the traditional litigation system to solve the problems and to establish a litigation system for dispute resolution in e-commerce.This thesis consists of two parts. Chapter I is the first part. We mainly analyze the different understandings on the electronic commerce as well as its function, the conception of electronic commerce disputes and its unique characters compared with traditional disputes, and then we discusses the available traditional dispute resolution systems and the impact or challenge the electronic commerce disputes have brought to traditional litigation in the field of litigation expenses and duration, jurisdiction criterion, connecting factor, applicable law and the admissibility, probative force of electronic evidence and the recognition and enforcement of foreign judgments.The second part is from Chapter II to Chapter VI. Chapter II points out that at the respect of litigation process, the conflict and coordination of justice and efficiency is becoming a global problem, and China should reconstruct the whole litigation process. In this section concrete response methods have been brought forth.Chapter III explains why Internet jurisdiction or jurisdiction in virtual space is the same as in the real space, which is territorial in nature. After careful analysis in American long-arm jurisdiction and the Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of EU (No. 44/2001), it draws a conclusion that the relation jurisdiction criterion should be finally established and the consent jurisdiction and international coordination in e-commerce jurisdiction is a trend.On the principle of applicable law, in Chapter IV, the cyber-space autonomy theory is criticized, the deeds to abandon the traditional conflict law is condemned, the amendment and adding to the two principles namely the rule of autonomy of the will and the doctrine of the most significant relationship is advocated. Then the author tries to explore new principle of applicable law basing on the elevation of the international society centered conception.Chapter V discusses the admissibility and probative force of electronic evidence, concludes as following: it is possible to solve the current problem on the credibility of electronic evidence with the functional-equivalent approach and the non - Discrimination principle, and it is also possible to solve the integrity of electronic evidence by the cooperation of legal presumption and technical methods.Chapter VI makes a brief study on the solution of the problem of the recognition and enforcement of foreign judgments.