On The Regulation On Consumer ODR Of European Union And Revelation To China

With the rapid development of E-commerce,the traditional offline dispute resolution mechanism cannot meet the demand of online disputes in E-commerce.Online Dispute Resolution(ODR)began to be gradually accepted and recognized by public institutions and governments.Countries and regions as well as international organizations with highly developed E-commerce industry began as early as in the early 90s with their theoretical research and practical exploration into ODR.A number of constructive ODR specifications were released,such as the Regulation on Consumer ODR promulgated by the European Union in May 2013.The regulation is aimed at providing guidance for establishing a fast,efficient and low-cost out-of-court dispute resolution mechanism in Europe.The advantages of ODR are obvious,but in the process of actually building the ODR mechanism,how to protect consumer interests and maintain the healthy development of the e-commerce market as the principle,and take the advantages of the ODR to the greatest extent is one of goals that countries try to pursuit in their ODR mechanism research and legislation establishment.This article,as a starting point,through analyzing several problems with the EU regulations on the consumer ODR,combining with other countries and regions in the world today,and summarize the experience of international organizations in the ODR practice,as well as the current needs of the construction of the ODR mechanism in our country,to the relevant provisions in the regulations on the consumer ODR,putting forward the obstacles exist in the actual operation,especially in our country's need to make adjustments in reference to these regulations.Through practical experience,the author believes that the EU regulations on the consumer ODR has three major problems,first of all,because of the European Union ODR platform is built on its member states on the basis of the existing offline entities(ADR),the actual dispute handling procedures are done by the offline entities(ADR)completely,therefore,the ODR platform procedural rules need to respect the EU member states to resolve disputes under their legislation tradition and procedural rules,this leads to weaker ODR platform online dispute resolution ability and dispute prevention mechanism.Voluntary principle is one of the basic principles of the civil legislation that safeguard the rights and interests,but in the ODR mechanism,as a result of the existence of voluntary principle,both sides of the disputes,especially businesses are free to choose whether to participate in dispute resolution as well as in any phase of the program to exits,this leads to the interests of consumers cannot be effectively protected.The best way to solve this problem is better online dispute processing and prevention mechanisms,such as the credit labeling system,in the EU's ODR platform.Secondly,the ODR platform financing source is not enough to affect the normal operation of platform and the handling of disputes by the results of the key problems,the problem of funds and the related legislation is very broad,and insufficient ODR mechanism to provide enough credibility and transparency.The author thinks that,according to the actuality of our country,it is necessary for our country's ODR platform establishment to carry on the detailed legislation,at the beginning of the sources of funding problems,can undertake regulation through legislation,give priority to with state funds,public welfare fund is complementary way to ensure that the construction and operation of ODR platform.Again,the questions about the effectiveness of the ODR mechanism,is also a controversial one problem,the European Union on this issue due to the same offline ADR physical problems lead to the vast majority of dispute solution can be given legal effect.In order to solve this problem,in the building of the ODR mechanism can be both in our country,one is perfecting the ODR decision effectiveness,including online online arbitration court,and the effectiveness of the online mediation,but the diversity of the ODR ruling executive system,including direct and indirect online execution,etc.Finally,in view of our country promulgated in December 2016,the "e-commerce law(draft),the author puts forward four Suggestions based on the full analysis and argument:1.Clear the main body of our country to establish the ODR mechanism;2.Establish the function of the ODR platform;3.Stipulate the fee rules of the ODR platform;4.Give the ODR a sufficient effect.