The Improvement Of Online Resolution Mechanism Of Fake Transaction Dispute On Electronic Commerce Platform

With diversification of conflicts of interest, dispute resolution shall be diversified, and corresponding dispute resolution mechanism should be set up and improved. Fake transaction dispute occurring on electronic commerce platform, is a new type of dispute comparing with traditional dispute underline. To settle it, the platform suppliers create the online dispute resolution mechanism, defining that, the platform suppliers make certain rules against fake transaction, and settle the dispute directly online. This mechanism makes up the inadequacy of traditional one in solving online fake transaction dispute and fulfills customers’ need to settle the dispute timely and less costly. In practice, this new mechanism has still born some defects when solving such dispute, resulting in the dispute unsettled and customers’ interest not well protected.This paper is to analyze the defects of online fake transaction dispute resolution mechanism from the perspective of Sociology of Law, thus to put forward recommendations on its improvement. By studying certain rules about fake transaction and actual operation of this mechanism on typical electronic commerce platforms, the paper first introduces this mechanism’s main elements, such as the dispute settler, the rules it obeys, the dispute resolutions, as well as results’ implement. Combing with typical cases actually occurred on the platform, the paper then concludes and analyzes its main defects reflected in those cases: the biased neutrality of customer service coordinator, the blurry definition and classification of fake goods and categories of fake transaction disputes, the devalued dispute solving procedure, and unbinding results, all of which obstruct the dispute to be well settled, or even aggravate those conflicts. Thus, it is an urgent task to deal with those defects and to perfect the mechanism.As to the countermeasure for dealing with those defects of the mechanism, by comparing with current research achievement in field of online dispute resolution mechanism, this paper holds that it should mainly focus on internal improvement of the mechanism itself, and coordinates with external dispute resolutions. By strengthening the regulation of customer service coordinator’s behavior and the professional training, customer service coordinator’s neutrality and authority expects to be enhanced. By revising relevant rules,it is expected to clarify the definition of fake goods and categories of fake transaction, and to justify the dispute resolution procedure. On the issue of unbinding results, the paper suggests the law confirm the legal effect of the agreement made online under the mediation of customer service coordinator, thus ensuring the results efficiently implemented. Based on this, some more feasible suggestions of the improvement of this mechanism are to be further proposed, such as the propose of establishing regional trade mediation center online, expecting to settle fake transaction dispute directly and successfully online through this mechanism, to earnestly protect customers’ interests, leading to a healthy, orderly online transaction environment and a harmonious country under the rule of law.