Preliminary Study Of Online Dispute Resolution From The Perspective Of B2C Contract Dispute

The rapid increase in the number of low cost cross-border electronic consumertransaction in the last years has created a need for new mechanisms of disputeresolution——ODR.This article adopts the method of empirical analysis, combining with the practiceof Online Dispute Resolution institutions in the world now, analyzing practicaloperationof Online Dispute Resolution from the perspective of B2C contract dispute.At the same time, using the methods of comparative analysis, comparing with thetraditional litigation and arbitration, the legal issuesof Online Dispute Resolutionbrought by the application of network technology were analyzed.CharpterⅠ:The first part of this paper is intended to clarify the concept ofOnlineDispute Resolution (ODR). The author first analyzes the concept of the presentacademic content and its inadequateness, and on this basis, further clarifies theconnotation of Online Dispute Resolution through discussion of three questions: Thedispute processing way E-commerce platforms provide is ODR? The online court isODR, or ODR is mutual contain relationship with ADR? ODR is online ADR?CharpterⅡ: The second part of this paper mainly discusses the main typesofOnline Dispute Resolution and their advantages and disadvantages. There are threemain types: Online Negotiation, Online Mediation and Online Arbitration. OnlineNegotiation and Online Mediation can be divided into two modes: software-based orautomated services and facilitative online services. Online Arbitration can be dividedinto two kinds: binding and non-binding service.CharpterⅢ: The third part of this paper mainly discusses the legal regulationofOnline Dispute Resolution. The author thinks that it is necessary to regulate OnlineDispute Resolution in law, and further discusses the legal regulation of OnlineDispute Resolution in five aspects:the qualification, jurisdictional issues, applicablelaw, procedure regulation, executive regulation. CharpterⅣ: The fourth part mainly discusses the localization of Online DisputeResolution. The author thinks that it is necessary to develop Online DisputeResolution in our country. At present, there are three obstacles to the development inChina: legal barriers, technical barriers and the lack of social foundation problem.The author suggests that we can take some measures such as strengthen cooperationand the supervision.