| In the 21 st century, human society has entered into the information age guided by information technology. Informatization is the trendy of social development, as well as national development. With the development and popularization of computer and internet, people’s lives have entered into the information age. Because of its fastness, broad selection range, and high cost efficiency, internet consumption has replaced the traditional consumption style to be consumers’ prioritized choice. And B2C’s market scale is greatly larger than other internet consumption modes’ in the whole internet shopping market. With the development of the internet consumption, B2 C market will play a more significant role in the internet shopping industry.Although the flourish of B2 C brings people conveniences, it also leads to numerous internet shopping disputes which could not be solved by traditional dispute settlement mechanism. Based on the introduction of operating mode and characteristics of B2 C online mediation mechanism, analysis on existing issues of current B2 C mode in China, and integration of practices and experiences both in China and abroad, this paper proposes recommendations on the establishment of online mediation mechanism regulation under the circumstance of B2 C development in China.Except the introduction and conclusion, this paper includes four parts.The first part briefly introduces B2 C online mediation mechanism. According to the explanation on the concept, main types and specificity of B2 C legal dispute, as well as practices and experiences in both China and abroad, it defines the online mediation form which integrates the internal online mediation mechanism and external mediation mechanism in current B2 C E-commerce mode.The second part introduces the realistic dilemmas and related laws and regulations in China’s B2 C online mediation. Based on the analysis of internal online mediation mechanism and the practical application and matching laws/regulations of external mediation mechanism in China’s current B2 C platform, this paper summarizes the existing practices and main legal issues reflecting the reason that why online mediation could not achieve good results in China’s B2 C disputes. Then it proposes the necessity to regulate the B2 C online mediation mechanism.The third part analyzes Communications Act of the United Kingdom, Model Law on International Commercial Conciliation of the United Nations, Commercial Arbitration Rules of American Arbitration Association, and the operating mode of online mediation organizations to specifically conclude the successful experience and references of B2 C online mediation practices in both China and abroad.The forth part aims at the perfection of B2 C online mediation mechanism in China. Based on the practices and experiences in each country and B2 C business development mode in China, this paper sets the online mediation mechanism in line with China’s current B2 C business mode from the aspects of online mediation organization establishment, selection and supervision of online mediator, implantation of online mediation operating regulation and online mediation agreement, etc. |
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