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Research On The Path Of Constructing Online Dispute Resolution For Cross-border B2C Electronic Commerce In China

Posted on:2020-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z P LinFull Text:PDF
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The traditional dispute resolution has been abandoned by consumes,because disputes of cross-border B2C electronic commerce are characterized by small amount of object,Diversified types of disputes and foreign-related and so on,and the cost of time and money of the traditional dispute resolution in dealing with such disputes are not proportional to the possible gains.Based on that,Online Dispute Resolution(ODR)was came into being.As the name implies,Online Dispute Resolution is that disputes can be resolved online by using Internet and other technologies,without the need for both parties to come to the designated location for face-to-face negotiation,mediation and so on,which greatly reduces the costs of time and money of the parties.Although Online Dispute Resolution has unique advantages in dealing with cross-border B2C electronic commerce disputes,there are still some problems,such as the dispute of jurisdiction,application of law and difficulty in Implementation of Results.This article studies and analyses the ODR practices of Taobao ODR platform,the Net-Court,EU,and UNCITRAL ODR legislation practices,and then we can learn successful experience and use it to build Online Dispute Resolution for cross-border B2C electronic commerce in China.Firstly,the relevant legal system of ODR should be improved through domestic legislation and concluding treaties,such as clarifies the relevant provisions of jurisdiction,application of law and Implementation of Results.Secondly,after drawing on the experience of EU,the government should guide and integrate the existing ODR resources in China,then build an ODR guided platform for cross-border B2C electronic commerce,with the Internet court as the final guarantee,and strengthen the publicity of the platform at the same time.
Keywords/Search Tags:Online Dispute Resolution, Cross-border B2C Electronic Commerce, Net-Court
PDF Full Text Request
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