The Legal Dilemma And Solution Of ODR In Cross-border E-commerce

In recent years,with the development of network technology,more and more people realize the advantages of online shopping.Meanwhile,disputes caused by cross-border ecommerce increased day by day.When settle cross-border e-commerce disputes,traditional dispute resolutions will spend a lot of money and time,which can not meet the demand of resolving disputes.Under these circumstances,online dispute resolution(ODR)came into being.Online dispute resolution operates rely on network,because of it resolves disputes by online negotiation,online mediation and online arbitration.Online dispute resolution have the advantages of efficient,convenient,low-cost,flexible manner which could cover the shortages of traditional dispute resolutions,so it has great effect on cross-border e-commerce dispute settlement.It also has achieved some success.But as a new kind of dispute resolution,it still has some legal dilemmas during operation.Such as difficulties in determine the jurisdiction and the application of the law,difficulties in unify the rules for dispute resolution and the results are not guaranteed.Under these circumstances,our country should draw lessons from extraterritorial experience,starting from the three aspects of legislation,the establishment of and platform and strengthening of extraterritorial cooperation,to construct and improve the online dispute resolution mechanism in our country.