The Research On Cross-boarder E-Commerce Online Dispute Resolution

With the rise of “overseas online shopping”, “overseas purchase” and other new terms, a variety of cross-border e-commerce platform has gradually appeared in people’s vision,For example, “T-mall International”,“Amazon China”,“Jingdong Global buys” and so on.In recent years, with the growing of cross-border e-commerce disputes, increasingly showing its unique characteristics, traditional dispute resolution has not adapted to the development of cross-border e-commerce.Although most people are familiar with traditional dispute resolution mechanisms, the procedure is relatively intact, and capable in excuting,but faced with the distance and a huge number of cross-border e-commerce disputes, traditional dispute resolution mechanisms have been difficult to choose from because of the consumption of human, material and financial resources and other factors.Thus, online dispute resolution mechanisms(ODR) came into being.Foreign country and domestic have been tried and explored for a long time. Smart Settle、Square Trade, and other ODR platform have formed a mature mechanism in dealing with the cross-border e-commerce disputes and have been accepted by people.Working Group III of the United Nations Commission on International Trade Law are exploring now.They are trying to build a global dispute settlement mechanism and already have ideas and direction in terms of jurisdiction, applicable of law and enforcement.Under the strategy of deepen the reform and open-up policy,Shang Hai Free Trade Zone build “Cross-boarder Links”as one of the reform measures in the field of e-commerce.Shenzhen Municipal Government has built up Zhong Xin ODR which has formed a complete procedure,lay the foundation of the establishment of cross-border e-commerce platform for the whole country.Under the circumstance of reform,it has great theoretical and practical significance to review Chinese protection mechanism for customers who shopping online,and to explore the cross-border e-commerce disputes resolution mechanisms on the basis of the full study on the reform direction and goals.Chapter 1 is the general overview of the cross-border e-commerce dispute resolution mechanism. The first section illustrates the concept, characteristics,main modes and the types of disputes of cross-border e-commerce.After comprehensive the definition of institutions and scholars, This article defines cross-border e-commerce as:Cross-border e-commerce refers to buyers and sellers in different countries, they use the medium of cross-border electric business platform to buying and selling commodities,and the goods will be transport from sellers to buyers through the international logistics.Cross-border e-commerce trading’s mainly characteristics are: subject of transnational, relatively virtual, the small subject of the dispute, the diversity of trading, the flexible payment features and the complexity of the cross-border deals.Cross-border e-commerce mode mainly contain C2 C, B2 C, M2 C, C2 B and guide and rebates for platform.Dispute types mainly include product quality, payment,after-sales service and logistics transportation.The second section illustrates internal solution platform,international commercial arbitration and litigation and its inadaptability in solve the cross-border e-commerce disputes.Chapter 2 introduces the concept, types and advantages of the ODR.The first section introduces the meaning and category of the ODR.If the key procedures resolving the disputes on the internet, then think that uses the technology of the ODR.For the category of the ODR, its include online consultation, online mediation and online arbitration procedure.The second section mainly introduced three types of the ODR and its advantages.Through elaborating the related concepts of cross-border e-commerce and its legal problem to ODR mechanism.Then,emphatically analyze the legal problems such as the effectiveness of the arbitration agreement before an dispute,applicable of the substantive law and private enforcement mechanisms combine with the documents of UNCITRAL Group III and our legal practice. The first section elaborate the basis of jurisdiction and statutory obligation subjects combine with the judicial practice.The statutory obligation subjects of the current cross-border electric business platform include both domestic enterprise and foreign enterprise, When registered platform require businesses to provide corporate entities registered in the domestic as clients in domestic by the government regulation,the statutory obligation subjects are domestic enterprises, otherwise are foreign enterprises.Whether the way through click finish agreement on the network can be regarded as agree jurisdiction and how to determine the validity of jurisdiction.The second section introduces the effectiveness of the arbitration agreement before an dispute,applicable of the substantive law.Combined the rules of the "double track",discusses the effectiveness of the arbitration agreement before an dispute,and puts forward relevant solutions, and put forward feasible suggestions to the operation of the relevant applicable law.And also introduce the private enforcement mechanisms.use the credit mark, marking, exposure, margin and credit card refund institutional constraints the businessman in order to achieve the effect of the execution.In the end,by combing our current ODR mechanism,find the reasons of their not widely used,and put forward feasible suggestions for China to establish or improve relevant mechanism.