| In21century, the full penetration of the Internet on the global political economy has not only changed people’s daily lives, but also changed the traditional forms of trade. The e-commerce develops rapidly with non-geographical limitations in online atmosphere. But with off-line transactions, as long as there is interaction between people, conflict of interest may exist, which resulting in disputes. And disputes need to be resolved within a appropriate dispute procedure to restore the network environment orderly and built trust resources of e-commerce market. However, the online dispute is global, online and frequent, the traditional dispute resolution in the form litigation and alternative dispute resolution (ADR) became powerless in the presence of online dispute, such as arbitration, have proven to be less than helpful tools for addressing the complications inherent in judicial resolution of web-based transactional disputes. Then ODR program came into being, using the network to its own advantages to online dispute. It implements the network the perfect fusion of technical and non-litigation dispute resolution way for online disputes efficient, fair, and effective for Dispute. The article starts from the background of the online dispute resolution mechanism, introduce the current situation of China’s online dispute resolution mechanism, and thus analyze mature mode of operation in the worldwide. These modes can provide a model for China to build a comprehensive system of online dispute resolution mechanism.The full text is divided into four parts. The first section describes the emergence and development of online dispute resolution mechanisms. ODR is the same with other dispute resolution procedures; it has a particular background, namely, the rapid development of e-commerce and traditional remedies to solve the limitations of online dispute. It is precisely in this context, the development of theory of the online dispute resolution mechanism has gotten widespread concern in the world, and thus the ODR develops institutionalized procedures gradually. The sesond part is the introduction and evaluation of the present internal and external dispute resolution mechanisms mature program. As we all know, online complaints> online consultation online mediation and online arbitration have a common background of the program and technical support from network, but its scope and procedures of resolving disputes set is different, they interlinked to form a multi-level to resolve disputes online, three-dimensional procedures. Then the third part focuses on analyzing the process of the online disputes in China. Although China has also started to try the online mediation and online arbitration mode, but not yet comply with international standards, it hasn’t form a scale for online dispute resolution mechanism. The article also analysis the ODR status quo of China’s current in-depth from the three aspects of the concept、the operating mechanism and supporting measures. The article respectively pointed out the problem of China’s online dispute resolution mechanism. On this basis, the fourth part makes recommendations for China to build online dispute resolution mechanism. View of the unique advantage of dispute resolution, the article design the construction of ODR procedure from the concept、 system build and supporting measures to promote the healthy development of e-commerce. |
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