Research On The Burden Of Proof In Online Shopping Disputes

Nowadays,with the progress of Internet technology,online shopping is developing rapidly and showing prosperity.Online shopping is different from the traditional shopping mode,because of its low commodity cost,wide range of free choice,efficient and fast advantages,this new shopping model has penetrated into people's daily life.However,although online shopping provides consumers with convenience and rich life shopping model,but its own virtual,no regional and open also brings more transaction risk,which is behind this risk is constantly complicated shopping relationship.Once the dispute between the two sides enters the litigation procedure,it is difficult to collect and provide strong evidence in order to safeguard their legitimate rights and interests.The burden of proof in civil litigation is an important issue of civil litigation evidence,which plays an important role in civil litigation.In view of this special new shopping mode,once the disputes enter the litigation procedure is more complex than other ordinary litigation,how to effectively and properly distribute the burden of proof of the parties is very difficult.In the face of the shopping model with such considerable development prospects,the author believes that it is very urgent to deeply study the burden of proof and clarify the distribution standard of the burden of proof in specific cases.This paper is divided into four parts.The first part expounds the meaning of online shopping disputes,and summarizes the characteristics of online shopping disputes,as well as the main types of disputes,and explains the relevant theories and regulations of the burden of proof in online shopping disputes in China.The second part starts from the problems existing in the settlement of online shopping disputes in China,and analyzes the difficulties faced by the burden of proof in solving online shopping disputes.The third part studies the relevant provisions of the United States,Japan,the European Union and other countries in the settlement of online shopping disputes,analyzes the relevant systems existing in foreign countries in dealing with online shopping disputes,and finds out the reference for the provisions of the burden of proof in online shopping disputes in China.In view of the problems existing in the burden of proof in online shopping disputes in our country,the fourth part puts forward to perfect the burden of proof in online shopping disputes from the followingthree aspects: perfecting the principle of proof burden in online shopping disputes,defining the burden of proof between buyers and sellers and perfecting the burden of proof on third-party platforms.