Research On The Online Dispute Resolution Of B2C Internet Shopping

As is known to all, Internet shopping and traditional form of transaction have some aspects in common, such as the character of the trading behavior, buyers’and sellers’rights and obligations at each stage of trading, the protection of consumers’ rights and interests, etc. But there are more differences between them, for instance, online transaction is in the form of virtuality and technicality, having the nature of cross-border and relatively smaller monetary amount of transaction and so on. Moreover, compared with other types of E-commerce mode, such as B2B and C2C, B2C Internet shopping has its own characteristics, in short, the more remarkable asymmetry in status and information between the two parties:business and consumer, the more diverse operational model of B2C E-commerce site(e.g. independent B2C online shopping sites and open platforms of B2C electronic business), and so forth. Therefore, within the traditional framework of legal remedies, the settlement of disputes of B2C online shopping is facing various inadaptations and obstacles, and hence, we deduce a new type of dispute resolution method system--Online Dispute Resolution (ODR) which could adapt to the development of E-commerce and Internet technology. Based on the analysis and discussions on the universality and particularity of B2C online shopping disputes and ODR, combined with the introduction of the relevant practices in the United States of America, European Union and its countries, and also our country, this article researches on the construction of China’s Online Dispute Resolution of B2C Internet Shopping. The full text is more than50,000 words, of which the main body part is divided into three chapters, and the contents of each chapter are as follows:Chapter I:The first two sections have respectively discussed the concepts and features of B2C online shopping disputes and Online Dispute Resolution:Having introduced the concept and models of E-commerce, summed up the dispute types of B2C online shopping and the corresponding causes, and examined the characteristics of the B2C online shopping disputes in comparison with the traditional trade disputes and the disputes of other E-commerce modes of online shopping; In the second section, I firstly make the conception of ODR referred in this passage clear by using the conceptual comparison method, on the basis of it, I continue stating the main types of the ODR outside of the court and the ODR of the court. Through combining both B2C and ODR referred in the first two sections, in the third section, I have explained the impacts of B2C online shopping on the traditional dispute resolution mechanisms and its adaptations to the online dispute resolution mechanisms.Chapter Ⅱ:This chapter has two sections, having introduced the online settlement mechanisms existing in the United States and the European Union, which could apply to B2C Internet shopping disputes. Section I:Introducing ClickNSettle, SquareTrade, BBBOnline in turn, which belong to the Outside Court ODR of USA, and introducing the Courtroom21and Michigan Cyber Court, which belong to the Court ODR of USA; Section II:Introducing the ODR mechanisms advocated and enforced as a whole in the EU and the typical ODR mechanisms in Germany, Austria, Britain and other European countries.Chapter III:With the introduction of our country’s existing online disputes resolution methods referring to the B2C Internet shopping, this chapter investigates the problems which should be primarily resolved in the construction of China’s Online Dispute Resolution of B2C Internet Shopping, such as supporting technology, legal system, online credit system, industry self-regulation and government regulation. Based on the above-mentioned analysis, the thesis proposes the specific recommendations and measures to improve and build the online non-litigation mechanism and the litigation system which adjust to the development of China’s B2C online shopping.