| In the background of cross-border online shopping,consumer rights will not be effectively protected if there is a trade dispute.Due to the lack of choice difficult conditions,such as jurisdiction,imperfect legislation,high cost,difficult execution,and so on,including that the traditional dispute resolution method for consumer cost is too high and can not get effective protection,the online dispute resolution(ODR)has become a new way of dispute resolution.So based on the ADR,combining information and communication technology(ICT),there is developing a new method of dispute resolution-online dispute resolution(ODR).In the first part,from the view of consumers' rights protection in cross-border ODR platforms,At present,the representative internal ODR platform is Taobao in China,but there is a fairness issue because its mediators are proactively held public review by internal staff or members of the online shopping platform.There are external ODR platforms organized by the European Union Organization and the Americas Global Organization,etc.,and China has a Zhongxin platform.Under this background,consumers face the problems,such as the weakening of consumer identity in the settlement of cross-border online shopping disputes,passively accepting the format clauses of online shopping platforms,and difficulties in actual implementation.In the second part of the thesis,it mainly analyzes three problems.The first is the issue of jurisdiction of the ODR platform.At present,our country has not yet explicitly recognized jurisdiction of cross-border ODR platforms.Without legality,common will and validity in the jurisdiction of cross-border ODR platforms,it will course there is no legal basis to select external ODR platform,and no performance at the same time.Second,it is the problem of the law application.External ODR platform in China is inclined to deal with cross-border e-commerce disputes in the domestic or free trade areas,and less experience for cross-border online shopping,especially for overseas sellers.In participating in process of the construction of the global system,whether it needs to establish the external ODR platform,or directly submit to the global system platform solutions,the entity legal issues still cannot be ignored.Whether in accordance with the unified conflict law or make demonstration method,this is the first step on the apply law,followed by the conflict between law application and domestic law.The third is the issue of the implementation of the ODR platform decision.There is a limited recognition of the temporary arbitration system in our country,but it needs a program or document transformation.Based on this,the scope of the existing regulations is limited to registered cross-border e-commerce enterprises in Shenzhen or free trade areas,so it can't be used for all disputes of cross-border shopping online.The third part of the thesis mainly focuses on the three questions raised in the second part.First of all,the domestic law need to acknowledge the legitimacy of the outside ODR platform on legislation,at the same time actively participate in the establishment of the global system,and gradually try to establish external ODR platform system,promoting the cohesion with the global system.Second,the choice of law rules is not appropriate for the ODR of cross-border online shopping,and it is more appropriate to choose a unified approach.But in the formulation and implementation process,it must pay attention to party autonomy of will,consumer protection and the domestic rules for consumer protection such as punitive damages,the strict producer responsibility.Finally,in terms of implementation,it is necessary to admit the temporary arbitration system,refine the transformation rules and expand the scope of application in legislation,and set up a supporting judicial system and corresponding social enforcement force to supervise the implementation of the arbitral award. |
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