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Research On Cross-border E-Commerce Dispute Resolution Mechanism

Posted on:2020-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:S F LiFull Text:PDF
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With the spread of the Internet and the advent of the era of economic globalization,cross-border e-commerce has begun to emerge.More and more consumers are keen to buy foreign goods.According to data from the E-Commerce Research Center,the scale of cross-border e-commerce transactions in China in the first half of 2018 was 4.5 trillion yuan,a 25% increase over the same period last year.The huge scale of crossborder e-commerce transactions inevitably led to a large number of cross-border ecommerce transaction disputes.Among them,B2 C cross-border small-scale ecommerce disputes accounted for more than half.This kind of cross-border ecommerce dispute between consumers and merchants has the characteristics of small controversy amount and large controversy quantities.The traditional international commercial arbitration and international civil litigation system often show great difficulties in solving such disputes,such as high cost of dispute resolution,complicated procedures,etc.The traditional dispute resolution method has hindered the smooth development of cross-border e-commerce in reality,but it also spawned the online dispute resolution mechanism(ODR)in the cross-border e-commerce field.The United States is the first country in the world to use ODR to resolve cross-border e-commerce disputes.After the United States,the Organization of American States,the European Union,and the United Nations Commission on International Trade Law have made useful attempts in the field of cross-border e-commerce online dispute resolution.The practice of European and American countries on the design and selection of the overall framework and specific procedures in the cross-border e-commerce online dispute resolution mechanism has undoubtedly has important reference significance for the improvement of China's cross-border e-commerce online dispute resolution mechanism.China started late in the field of cross-border e-commerce online dispute resolution mechanism,the mechanism is still immature,and there is no relevant legislation.Therefore,it has encountered a big dilemma in application practice.At present,the practical dilemmas faced by China mainly include: the lack of legal system at the legislative level;the dilemma of the judicial procedure and the existing civil procedure law,the dilemma of the authenticity of electronic data,and the high cost of quasijudicial practice online arbitration.At the law enforcement level,the promotion of relevant law enforcement platforms in China is not in place,leading to the lack of credibility among consumers.In view of the above dilemma,China should learn from the successful experience of western developed countries in the field of cross-border e-commerce online dispute resolution mechanism,relying on advanced technologies such as the Internet and big data to take necessary measures at the legislative,judicial and administrative levels to improve relevant systems..These measures include: improving and refining existing laws and regulations;strengthening the construction of judicial supporting systems for online dispute resolution mechanisms such as online litigation;striving to improve the level of scientific and technological development,breaking existing technical barriers;and targeting the judicial platform for effective regulation and Unified management;establish a demonstration online dispute resolution enforcement platform.
Keywords/Search Tags:Cross-border e-commerce, dispute resolution, online negotiation, online mediation, online arbitration
PDF Full Text Request
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