| As the network is virtual, global, infiltrated into the corresponding legal relations, the current legal system has posed a challenge to use law to resolve disputes in the e-commerce . encountered insurmountable difficulties, alternative dispute resolution mechanisms ADR (Alternative Dispute Resolution) has unique advantages in resolving disputes , but the traditional mode of ADR can not adapt to this global, fast and efficient electronic business needs, so in the global context, especially e-commerce developed in Europe and America, the rise of an alternative "on-line dispute settlement mechanism," which is abbreviated ODR (Online Dispute Resolution). However Looking at Chinese relevant circumstances, it is found that although e-commerce has been gradually moving towards maturity, but its dispute settlement mechanism is still in relatively backward stage. This is negative in the development of electronic commerce and protection of the interests. Therefore, I hope that this paper will play an essential role in resolving the e-commerce disputes.Except for the introduction of this conclusion, including four parts. 30,000 characters. Its main contents are divided into the following parts: The first part is the outline of e-commerce online dispute resolution (ODR) mechanism. This section comprises four areas: the concept of e-commerce on-line dispute settlement mechanism ;the characteristics of e-commerce on-line dispute settlement mechanism; the basic forms of online e-commerce application of the dispute settlement mechanism. According to the Federal Trade Commission, the EU, OECD and the global e-commerce forum , the definition of e-commerce on-line dispute settlement mechanism refers to "cover all non-court on the network from the third person, but just to solve for businesses and consumers in E-commerce contract disputes born of all the modalities. " Features include the following: technology combine with Internet ;relatively inflexible rules; procedure is not open; results of a non-mandatory. It includes the basic form of online negotiations:online mediation, online arbitration. Final scope of application of this mechanism was introduced, according to different standards, e-commerce disputes can be divided into different categories, and this mechanism aims at the issue of the contract, as well as problems with the auction in the network business. And it can play a greater role in the disputes B to C (business to consumer) in the enterprise and e-commerce disputes between customers).The second major part consists of foreign e-commerce online dispute settlement mechanisms and the course of development of the status . This section comprises two aspects: development of foreign e-commerce online dispute settlement mechanisms; the current situation of foreign e-commerce online dispute settlement mechanisms. E-commerce online dispute settlement mechanism is an inevitable result with the development of the network, from the mid-1990s to date, and the development of e-commerce on-line dispute settlement mechanisms can be divided into three stages. Before the first phase in 1995, the Internet is mainlyused in the United States and other developed countries. The second phase from 1995 to 1999, this stage is budding period of e-commerce is online dispute settlement mechanism. The third stage in 1999 to the present, over the past few years, e-commerce on-line dispute settlement mechanisms achieve an important stage. There are a lot of providers in contemporary foreign online dispute resolution services , and is still constantly evolving. Some of mediation, which is only provide online dispute resolution methods, such as Online Ombuds Office, Internet Neut ra, Online Mediators, eBay pilot projects; most of them at the same time provide a wide range of online dispute resolution methods, such as Disputes, eResolution, Novaforum, Square Trade, WIPO, IntelliCOURT, ResolutionForum, 123Seettle, Cyber2Tribunal, Mediate-net. In this paper, only select several agencies of representatives .Cybersettle online reconciliation mechanisms, Trade Square, online dispute resolution service providers (Square Trade 'Online Dispute Resolution Service), Saab Magistrates Court arbitration mechanism (Cyber Tribunal Arbitration).The third part is assessments on foreign e-commerce online dispute settlement mechanisms. it is summing up on the basis of the second part, to find the common that China can use them. This section includes three elements: the background assessment of foreign e-commerce online dispute resolution mechanism ; functional assessment of foreign e-commerce online dispute settlement mechanisms; specific systems assessment of foreign e-commerce online dispute settlement mechanisms. Through the development of integrated foreign inspection mechanism, sum up its development requires social infrastructure, network technology, a sound legal parties and the trust of these background. At the same time identify the mechanism by comparing the strengths and weaknesses. Such a mechanism is convenient, rapid, inexpensive, flexible and confrontational weak strengths, but everything has its deficiencies, such a mechanism is no exception. Compelling the lack of transparency and lack of language barriers are obstacles hinder its development of the important factors. From the perspective of specific systems analysis, can find the command in these mechanisms abroad, in aspects of jurisdiction, evidence and the implementation, Through these summary and comparison, below our national e-commerce online dispute settlement mechanisms can use .Part IV is the main ways to improve China's e-commerce online dispute resolution (ODR) mechanism . It consists of two parts: China's e-commerce online dispute settlement mechanisms and the lack of the status quo; perfecting China's e-commerce online dispute settlement mechanism, First through the analysis of the current situation in China can find despite the establishment of e-commerce online dispute settlement mechanism. Second from two aspects of the principle and system. First of all enterprises should adhere to the dominant, This is the appropriate intervention principle. because the dispute settlement mechanism is still in the stage of development in Chinese e-commerce, the government. should play a important role of the improvement about online reconciliation mechanisms .mainly from the ODR guarantee the quality of employees, increase their sense of trust. Guarantee the privacy of the process, so as to safeguard the interests of clients and raise our technological level to ensure fairness, and to strengthen the supervision and implementation of the outcome, in order to ensure the achievement of this outcome, the improvement of Online arbitration mechanism from strengthening the authority , and properly solve the validity of the arbitration agreement, as well as the evidence in the arbitration process and to identify problems, arbitration and jurisdiction issues, as well as the final implementation.In short, in the e-commerce environment, ODR is a cheap, efficient and impartial dispute reslove mechanism, and build a e-commerce platform of consumer confidence has a great significance. Chinese rapid development in the new economy, should take active measures to cultivate its own online dispute settlement mechanism.Because of the limited Information, and the author has limited capacity, so this paper may has a lot of deficiencies, I hope that teachers would help me . |
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