Research On The Construction Of System Of China's Cross-border Online Shopping Disputes By Online Dispute Resolution

The innovation of Internet technology has made the development of cross-border e-commerce.Among them,as an important part of cross-border e-commerce-cross-border online shopping,by virtue of its own advantages increasingly become the darling of the online shopping.According to the Chinese Electronic Commerce Research Center released the "2015 report" shows China cross-border online shopping,2013 China's cross-border online shopping amounted to 216 billion,is expected in 2018 will exceed one trillion;and in 2013 the total number of cross-border online shopping in China for 18 million people,is expected in 2018 will reach 36 million passengers.Therefore,China as the world's cross-border e-commerce powerhouse,the domestic sea Amoy army strength should not be underestimated.However,the transaction will rise with a lot of disputes,especially cross-border online shopping for the needle beyond national borders,which is different from the social reality of the transaction disputes,but also contains a virtual,vacuum and foreign characteristics.At present,in the world for such disputes is mainly through the application of litigation,mediation,arbitration and other means to deal with.However,in the process of application,the limitations and the limitations of these traditional dispute resolution measures are gradually highlighted,such as high cost,long time consuming,difficult to implement and so on.It can be said that the dispute settlement for cross-border online shopping,the traditional dispute settlement system and alternative solutions in the application are faced with the plight of the lack of strength.Facing the objective reality of the current disputes and the diversification of online shopping,it is urgent to seek a solution to resolve the dispute over the characteristics of cross-border e-commerce in the traditional legal relief system framework.The online dispute resolution mode,the use of network technology to solve the network disputes reminiscent of processing for cross-border online shopping disputes are also available through the traditional dispute resolution and online dispute resolution two integrated exploration.Objective to investigate the status quo of our country current cross-border online shopping disputes,and for the prospects of the development of China's cross-border e-commerce,China for the construction of cross-border online shopping disputes online to solve the system is imminent.And it's not all over the paper,it's an unrealistic idea.On the contrary,whether it is from our existing communication and Internet technology,the establishment of legal system to solve China's environmental disputes online,online dispute resolution or social acceptance,have a good foundation,and online in China has been constantly exploring the dispute resolution practice experience,can be said that the construction of China's Cross-border online shopping online dispute settlement system is feasible.Currently,e-commerce developed regions for cross-border online shopping dispute resolution has been established in the form of rulemaking,such as the United States "Draft [Model Law/Cooperative Framework] for Electronic Resolution of Cross-Border E-Commerce Consumer Disputes,"Regulation on consumer ODR," the United Nations "cross-border e-commerce transactions online dispute resolution: rules of procedure".In contrast analysis using the three latest and most complete online cross-border online shopping disputes based outside the settlement system of relevant rules,finally put forward a set of construction of China's cross-border online shopping disputes online specific measures to solve the system,namely the construction of cross-border online shopping disputes Chinese online platform,and by setting up the online consultation,online mediation and online arbitration three links,with the implementation of feedback mechanism,the credit mechanism to resolve cross-border online shopping disputes.