| Recently,with the rapid development of the Internet,traditional ways of trade have been greatly changed. Meanwhile it also gave rise to the electrical commerce. The Internet endowed the electrical commerce with so many advantages which made it favorable by both online-merchants and ordinary consumers. The great progress of B2B,B2C online-shopping transactions promoted the prosperity of the socialist market economy. However,the Internet brought reform to the traditional trade, it can not been ignored that it also produced some problems to the trade. B2B,B2C online-shopping transactions have comparatively small trade amount and the business between different places usually,and their trade subject are virtual characteristics. All above the factors would make the online dispute resolution(ODR) of trade much more difficult than by traditional ways. This article focuses on this issue directly.The whole article is divided into3parts. The first part mainly concerns the characteristics and the analysis on background of the online-shopping ODR mechanism, and introduce the progress of ODR mechanism briefly. Then the foreign online-shopping ODR mechanisms are analyzed,including online negotiation mechanism and consumer complaints mechanism,online arbitration mechanism, online mediation mechanism.Finally concluded that the online-shopping mediation mechanism is more suitable. The second part relates the current situation and exploration of the trade dispute resolution system in B2C,C2C online-shopping transactions. Points out that the integrity and security risks are seriously blurred,and the burden of proof is imbalance.The logistics operation is also not standardly. Take Taobao as an example to introduce the dispute resolution service in China. As a typical online trading platform in China,Taobao using alipay system as the core to avoid defaults. It also has Taobao community intervention to resolve disputes online,and credit evaluation system as well as consumer protection plan to built its own online-shopping trading dispute resolution mechanism. The last part is the core of the whole article which introduces the legal problems of the online-shopping trading dispute resolution mechanism. The legal status of the online trading platform provider was analyzed as well as the online arbitration/online mediation dispute resolution mechanism. This part mainly tells the litigation resolution system in B2C,C2C online-shopping transactions.As the jurisdiction is the prerequisite for the litigation,in this part the author advanced some thoughts and advice about the online-shopping trade dispute resolution for our own country. |
PDF Full Text Request