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Analysison Online Dispute Resolution And Its Development In China

Posted on:2015-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2266330431951972Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
Actually an extension of the online world to the virtual world human activity, the subject person is still online world. Someone is bound to exist where the dispute, but the network of e-commerce disputes also has its own characteristics, litigation and ADR While such disputes can be resolved, but there are a lot of flaws, defects in order to resolve litigation and ADR in resolving civil disputes in the network to find a civil dispute with the network features the most fit dispute settlement mechanism, in1996, a condition known as online dispute resolution mechanism for dispute resolution in American experimental run, and proved such a mechanism for the settlement of disputes, as well as ensure the healthy development of the network, cultivate people’s trust in e-commerce is of great significance. This thesis is divided into four chapters altogether. The first chapter introduces the background and development process of online dispute resolution mechanisms, as well as comparative studies and other dispute resolution system for, and other dispute resolution procedures, produce online dispute resolution mechanism with a specific background, namely the rapid e-commerce development and limitations of traditional dispute resolution to resolve disputes in e-commerce, online dispute resolution mechanism is also in this background is the world attention. With further development of theory and practice, and gradually institutionalized dispute settlement procedures. The second chapter introduces and analyzes the world within the scope of the dispute settlement procedures developed, although online complaint, online negotiation, online mediation and online arbitration have a support network of information technology and the same procedures as the background and network technical support, but they operating procedures for dispute resolution and scope vary, interconnected to form a multi-level three-dimensional e-commerce dispute settlement procedures. Subsequently, based on the third chapter analyzes the status quo of China’s online dispute, although China has set up an online dispute resolution mechanism for trying, but no international standards, can not form a scale of online dispute resolution mechanism. At the same author in this chapter for the concept, operation mechanism and supporting measures depth analysis of three aspects, namely, noted the existence of online dispute resolution mechanism problems. On the basis of chapter IV presents some suggestions to build our online dispute resolution mechanisms, starting from the unique advantages of our resources to resolve disputes, and improve supporting measures were constructed from the idea of the system in these three areas to build our online dispute resolution mechanisms to promote the healthy development of e-commerce.
Keywords/Search Tags:Online dispute resolution mechanism, e-commerce, online mediation, arbitration online, network IT
PDF Full Text Request
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