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Network Consumer Dispute Resolution Mechanism

Posted on:2008-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:L H XuFull Text:PDF
GTID:2206360215985680Subject:International Law
Abstract/Summary:PDF Full Text Request
Net- consumption provide convenient mode of transaction for both firms and consumers, it can breakthrough the constraints formed by time and geographical, but also overcome language, cultural and legal obstacles. On the other hand, Net-consumption will unavoidably complicated the consumer relationship, ,due to the weak position of consumers, they will be more vulnerable to be damaged, therefore, it become more difficult to solve the consume disputes. Practically, neither litigation nor arbitration or-alternative dispute resolution can provide consumers a timely and effective relief. In such situation, Consumers may not trust network consume anymore if adequate and effective protection were not available.The network would hardly be truly prosperous. Therefore, the network consumption dispute resolution mechanism which provides consumers with effective legal protection is not only an important theoretical problem, but also an urgent practical problem. However, due to the imperfect technology and relative laws, although many countries have adopted laws and International organizations have issued some guidance rules, these laws and rules still exist .great degree of defects. The thesis presents the features of net-consume disputes and the significance of properly solutions to those disputes by combining the status quo with the problems emerging from net-consume。From the perspective of comparative analysis, ChapterⅡcomprehensively analyzes the advantages and disadvantages of litigation, arbitration and alternative dispute resolution methods, explains the its own inherent defects of dispute settlement mechanism; Focuses on the legislative practice-in the United States, EU and, the Economic Cooperation and Development Organization, Chapter three further researches how to solve the net-consumer disputes, integrated application proceedings, arbitration and alternative dispute resolution mechanisms to strengthen international cooperation will be significant to properly resolve the dispute of net consume. Therefore, Chapter four discusses the net consumption dispute resolution mechanism and proposes initiatory recommendation in China by taking the international experience as the basis.
Keywords/Search Tags:Net-consumption, dispute solution mechanism, Online Dispute Resolution, lawsuit
PDF Full Text Request
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