E-commerce Disputes Relief Mechanism

The electronic commerce development extends market scale in more efficient way, and it develops continuously along with the electronic commerce market scale, the shape of dispute which comes from electronic commerce also changes immediately. Based on the network technical electronic commerce dispute is very complicated and it differs from tradition bargain dispute, while the traditional dispute solve electronic commerce dispute is unavailable. In order to establish the safe environment of the electronic commerce bargain, set up consumer confidence and promote development of the electronic commerce, many countries and international organizations put forward some countermeasures to solve electronic commerce dispute, and have committed to research and practice of online dispute resolution (ODR). That the solution to the electronic commerce solution through civil action to the jurisdiction most volatile controversies, legal application and enforcement difficult, cumbersome, time-consuming litigation, the high cost, lack of professional judges and other reasons, are even skeptical about the negative attitude. However, ODR business in China is not perfect, and even empty. Second reason is that ODR lack of authority and justice so case of electronic commerce disputes still could not avoid civil action. So to build a suitable for both electronic commerce features and the actual situation in China's electronic commerce disputes resolution mechanism is an urgently needed to resolve the current problem.This article takes the electronic commerce and its dispute characteristic as point of departure, and analyze dispute characteristic and resolution mechanism a choice of relation, immediately after argument tradition trade dispute resolution he mechanism meet while resolving electronic commerce of challenge and predicament, then pass to domestic and international electronic commerce dispute resolution the mechanism investigate comparison to study, analyze perfect our country electronic commerce dispute resolution mechanism of principle, important factor and road choose a basic problem, putting forward perfect electronic commerce dispute a resolution the concrete suggestion of mechanism. Apart from preface and conclusion, the article is divided into four chapters.Chapter I is electronic commerce dispute of general investigates. This part introducing electronic commerce definition, type foundation definitional electronic commerce dispute concept combine as to it's the content carried on analysis, thinks in fact quality to is a kind of people's company's matter dispute. Secondly carried on inducing to the electronic commerce dispute characteristic, discussed in the meantime because it differs from to trade dispute before, the resolution method of the dispute the top of the choice is also different. To set up our country's electronic commerce resolution is very important. The article considers that electronic commerce at the our country fast fierce development of in the meantime dispute also the step but go to, if it can not get to solve in time and equitably. Shrinking at the sight of it the one who cause to trade necessarily, electronic commerce will become a "vase".Chapter II demonstrates the electronic commerce dispute relieves the impact of mechanism to the traditional dispute. That part first from told means aspect argument it to reply the blemish of electronic commerce dispute not. Of the electronic commerce dispute exhibits the characteristic of multinational. Corpus to make to reach agreement traditionally, the intermediation, arbitrate method can't solve dispute quickly and availably. Then the impact of analyzing it is to suitable during the period of solving electronic commerce dispute from the litigation angle. The litigation cans not keeps up with the demand of electronic commerce development on the cost and the efficiency; It two, trade corpus to multinational and conjecture to turn to make the litigation apply to meet an unprecedented predicament with performance aspect in the jurisdiction. The article thinks the traditional dispute resolve a way while facing the embarrassed of electronic commerce dispute, the reform originally possessed of the resolution method make of the orientation electronic commerce environment is an electronic commerce "gold key" of the development.Chapter III is an electronic commerce disputes mechanism of comparative research. E-commerce developed in the study of electronic commerce to explore new ways disputes relief on the basis of the first part introduces a new "on line dispute resolution" (ODR), founded by comparing the ODR will be divided into three basic types to clarity the operation of a different mechanism to evaluate the advantages of the ODR it is a proven e-commerce disputes to be effective ways of settlement of disputes. However, the proceedings have not been abandoned by the international e-commerce dispute cases to the jurisdiction of the proceedings and to explore a new comparative analysis of the pros and cons of the new exploration results, which revealed to be learned from the results.Chapter IV is a perfect our country electronic commerce dispute resolution mechanism speculation, as well is the point of full text. The first part of the dispute relief mechanism with the general principles of e-commerce to its dispute with the special requirements of ways to improve the mechanism of China's e-commerce disputes relief followed by the principle of the need to pay attention to several factors, and model selection problems. Secondly, to improve the dispute settlement mechanism should be online in the legal framework, under the guidance of the Government, learn from foreign advanced experiences, and give full play to the market, the dominant position of enterprises and industry self-regulation, and strengthen enterprise, and the cooperation of the Government's proposals. Make the advantages of litigation proceedings in settling disputes can not be abandoned, the proceedings against the main article in the determination of the proceedings, and jurisdiction prosecution presented a specific adjustments views.