On The Civil Dispute Resolution Mechanism In Online Shopping

Nowadays, with the rapid development of China’s economy and society, interest relations and social structure, the dispute form also have big changes, showing the new features. Among them, online shopping as a product of the information age also presents a new development trend. After all, online shopping is an activity relating many people, which extend to the virtual world through internet technology, the subject of those disputes are people too. Once both sides have an interest confrontation, it will generate disputes. When the transaction volume of online shopping grows massively, civil disputes also increase quickly. How to resolve civil disputes in online shopping, is not only an important issue in the transformation of our society, but also is the basic requirement to build and improve the rule of law. The network environment is technical, virtual, non- regional and so on, which make disputes in online shopping have a great difference with the traditional market naturally. This difference reflected in the legal field is focused on the definition of jurisdiction, the effectiveness of evidence, the application of law and other aspects. But the law is not a panacea, to resolve civil disputes in online shopping reasonably, it not only need lawsuit mechanism, but also need non-litigation mechanisms. In addition to negotiation, mediation, arbitration and other traditional non-lawsuit means, online dispute resolution(ODR) also contribute to resolve online shopping disputes. At present, online dispute resolution mechanisms have been developed considerably in overseas, but it is at a preliminary stage in our country and is unable to play its effectiveness to cooperate with other means calmly. So, to solve the network shopping disputes properly, we should explore online shopping civil disputes resolution mechanisms, and make litigation and non-litigation dispute resolution mechanism complement effectively. Ultimately, a diversified online shopping disputes settlement mechanism is formed urgently.In this paper, the clue is to explore the online shopping civil disputes resolution mechanism, the idea is to find effective convergence and positive interaction between litigation and non-litigation dispute resolution mechanism, the starting point is to resolve disputes in online shopping and protect legitimate rights of the parties. Nowadays, online shopping has entered people’s life widely. So, this article has carried on the practice research in online shopping civil disputes areas, at the same time, it explores the theoretical views relating dispute settlement mechanism. Since the Internet environment is technical and virtual, the jurisdiction of online shopping civil dispute is not easy to determine, the validity of electronic evidence is disputed and the cost of dispute resolution is expensive. These problems have brought new challenges to our country’s traditional dispute resolution mechanism. To meet this challenge effectively, this paper analyzes the foreign related legal system and practice experience in foreign countries based on the study of our county. In In the United States, online dispute resolution mechanism and "long arm jurisdiction” of the court cooperate with each other to resolve disputes in online shopping effectively and to save the cost of solving disputes; In the European Union, "Brussels Regulation" give the plaintiff a right to choose the court, and absorb Interactive website as a factor to determine jurisdiction. So, it uses the international treaty to guide the network shopping civil disputes resolved reasonably.The foreign experience does have some reference value to perfect our country’s civil dispute resolution mechanism of internet shopping. But learning does not mean copying, the reference and transplantation of system need proper “temperature” and “soil”. Therefore, this paper uses the self-consistent dispute resolution mechanism of network platform and litigation mechanism as an example to explore how to combine theory and practice perfectly, to provide “temperature” and “soil” for constructing the civil dispute resolution mechanism in online shopping. For the lack of authoritative and neutral institution in online shopping community, the difficulty to determine jurisdiction and limited effectiveness of mediation and arbitration, this paper put forwards the idea of improving China’s civil dispute settlement mechanism in online shopping, based on absorbing foreign beneficial experience. To resolve civil disputes in online shopping properly, on one hand, we should build the authority of online dispute resolution institution; on the other hand, judicial relief has been seeing as the last guarantee of rights, we should strengthen it to promote multiple dispute resolution mechanism help each other. Eventually, it is formed a virtuous and diversified civil dispute resolution mechanism in online shopping.