The Study Of Court On Line Litigation Settlement Mechanism On E-commerce Disputes

The rapid development of the network information technology brings a profound transformation to human society. It is well known that e-commerce represents a new trade development form. E-commerce is the major area which the network information technology is used in. The application and promotion of e-commerce will be the important driver of economic growth in the future. A large number of cross-regional and cross-country e-commerce disputes are increasing while enjoying benefits that e-commerce provides us. The way of traditional dispute resolution cannot adapt to those e-commerce disputes. The Online Dispute Resolution(ODR), which was probed in practice, is widely used in recent years as its advantages of boundlessness and flexibility. However, this mechanism is still immature in our country and faces with the authority of the result in the disputes resolution and the predicament of difficult execution.Based on the above concerns and scruple, we should grasp the time background of “the Internet plus” and take the advantages of the Internet to realize the advance and development of court dispute settlement mechanism, to upgrade and to improve the traditional running mode of judge, to realize the high efficiency,high quality, fairness and transparency of judicial power in our country, to adapt to the requirements of international e-commerce for market mechanism and legal mechanism. By analyzing the concept and characteristics of e-commerce disputes,this article summarizes the problems existing in the traditional dispute settlement mechanism; and studies the advantages and disadvantages of the ODR mechanism,and the relationship between the ODR mechanism and the court online litigation settlement mechanism. Furthermore, by analyzing and studying the development situations of the domestic and foreign court online litigation settlement mechanism,this article will give some opinions and suggestions on building and improving China court online litigation settlement mechanism in three aspects-- the legal system, technology platform, and talents construction.