Research On The Online Dispute Arbitration Of Internet Consumption

Came into being with the advent of the era of network,the electronic commerce is vigorous development.As a new consumption model,its consumption concept and pattern have brought great changes to people's life.However,with the characteristics of virtual,global and electronic,the network consumers' rights and interests protection has been a huge challenge.Through the comparision and analysis of the traditional ADR and online dispute resolution mechanism,this article carried out the research and discussion of online disputes arbitration.The text is divided into four parts:the first part is the overview of network consumption and online disputes arbitration.It introduces in detail the main types and characteristics of network consumption disputes.The network consumers are difficult to know the quality of goods.The fair trading right is no guarantee.And the personal rights and property rights are also threatened.The litigation cost is very high.Worse still is that the problems and disputes are hardly can be solved,it greatly damages the consumers' legal rights,and also limits the further development of Internet consumption.This paragraph analyzes the present situation and causes of the disputes settlement mechanism,providing a background knowledge support for the discussion of online dispute arbitration.At the same time,according to discussing the development and the main characteristics of online arbitration,points out its importance.The second part is talk about the necessity and feasibility of the online disputes arbitration.The online arbitration mainly uses the network technology to handle disputes which can achieved without time limit and without borders.To analysis the disadvantages and limitations of litigation and alternative dispute resolution mechanism from the perspective of comparison,it is easy to find the online arbitration's superiority and feasibility in solving the network consumption disputes.And China's rapid development of network technology and relevant practical experience provided the safeguard to establish online arbitration mechanism.And only in this way can booming the network consumption market.The third part focuses on reference to the practice of legislation from the United States,Japan and the European Union.For the inspection of American's online courts,Japan's online shopping trust label system as well as the European Union's European consumers network center and other advanced system,it illuminates the online arbitration's significance and impact of solving the network disputes.On the investigation of the online dispute resolution mechanism of the developed countries,we can learn its successful experience·and advanced system.Its reference value can enlighten to the development and construction of China's online arbitration.On building an online arbitration system in China,we should consummate the legislation,attach great importance to the execution of the arbitration award and seek international cooperation.The last part puts forward specific ideas on the online disputes arbitration mechanism in China.According to the previous analysis,this article makes a preliminary study of the online disputes arbitration's mainly operation scheme.The online arbitration's application,the management of the online arbitration website and the arbitrator' qualification,agreement,steps and operation of Online arbitration's document delivery,implementation process and related supporting measures are comprehensively demonstrated in this part.And the credit labels,restrictions on market access and online ruling executive fund measures are putting forward to guarantee the implementation of the online arbitration.