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Study On Mid-East Interactive Development And Economic Cooperation In Mid-China's Rising

Posted on:2017-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhangFull Text:PDF
GTID:2336330488478064Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Network is a "double-edged sword", at the time the B2 C e-commerce offers consumers convenient and shortcut, it also brings about a series problem that violate consumers' rights like false pyramid scheme, sale service problem, refunds, returned purchase problem, quality issues, sale of counterfeits on Internet, logistics and express problem, payment problem, Internet fraud and so on, that is because of the Internet's own features like globalization, virtualization, decentralization, etc.These issues are not only outstanding issues on online shopping, it also becomes dilemma of online shopping legally. Trade disputes is one of these legal problems.Online consumers want to resolve disputes online by litigation, but they usually confront insurmountable difficulties in traditional dispute resolution like jurisdiction,applicable law, recognition and enforcement of judgments etc. B2 C e-commerce need to be matched by the dispute settlement mechanism, which challenges the existing legal system. For this reason, the new ODR online non-litigation solve mechanisms came into being. While the foreign ODR online consumer complaint mechanism,online consultation mechanism, online mediation and online arbitration mechanism are worth learning. Since the practice of ODR has just started, although China CIETAC Online Dispute Resolution Center, Shenzhen City UTS e-commerce transaction security center and the practice of Taobao ODR has beneficial attempted and explored the online non-litigation solve new mechanism, there are still a series of problems remain the difficulty to protect consumers' interests. For instance, there is not a unified ODR online non-litigation settlement body, the online merchants and credit system is imperfect without the ODR online non-litigation legal system, there are no industry self-regulatory organization and unified self-regulatory, and the upgrades of ODR software and hardware not timely. The organization of B2 C e-commerce disputes online Non-litigation settlement mechanism is a systematic project. Not only the specialized agencies of ODR online non-litigation dispute settlement should be set up and the legal system of ODR online non-litigation dispute settlement should be unified and improved, but also the merchant business onlinecredit system should be improved, the industry self-regulatory organization and unity of self-discipline should be established, the consumer protection fund should be built,and the support mechanisms of online shopping consumer protection like ODR software and hardware should be updated. Only through all these measures, can consumers' confidence in online shopping be built, fair and impartial environment of B2 C e-commerce be established and the sustained, steady and rapid development of B2 C e-commerce be guaranteed.
Keywords/Search Tags:e-commerce, online dispute, odr, consumer protection
PDF Full Text Request
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