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The Comparative Study Of Arbitration Resolution Mode Of Micro-consumer Disputes Between China And The United States

Posted on:2014-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiuFull Text:PDF
GTID:2266330428460735Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The degree of consumer protection can be seen that the process of the rule of law in acountry. Micro-consumer disputes as an important part of consumer disputes are differentfrom the characteristics of other disputes, they also has got more and more attention.Through the comparison between characteristics of the solution as arbitration andconciliation, mediation, administrative complaints and litigation disputes, arbitration is themost suitable way of solving micro-consumer disputes. But our system of arbitration in thesettlement of micro-consumer disputes is not satisfactory; this phenomenon does not existin the United States. By comparing the arbitration system design of China and the UnitedStates, we found that our arbitration accord reached, the arbitration body set arbitratorsselected, and the settings of the arbitration proceedings and arbitration fees charged stillhave many loopholes and defects. Why there are so many deficiencies? Mainly becauseChina does not have the tradition of the protection of vulnerable groups. In the publicremedy weak case, the private relief did not play the utility to make up for lack of publicrelief, the design of the system operability is not strong, coupled with China’s traditionalmediation of all ages, hindering the development of other non-litigation dispute resolutionway. To strengthen the protection of the legitimate interests of consumers in China, thesuccessful experience of the United States allows us to take some detours; the establishmentand improvement of micro-consumer disputes arbitration system can solve a large numberof micro-consumer disputes. If we want to spread the applicable of the development ofmicro-consumer arbitration of disputes which leaded in some local region across thecountry, the joint efforts of the government, society and consumers are required.
Keywords/Search Tags:micro-consumer disputes, arbitration, mediation, program
PDF Full Text Request
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