On The Modes,Limitations And Improvement Of China's ODR Mechanism

Nowadays,the development and construction of cyberspace with the Internet as an opportunity has become a strategic deployment that cannot be ignored by all countries.How to occupy a place in cyberspace will become an important part of the future development of all countries.Although the rapid development of the Internet has promoted the boom in e-commerce,it has been a multiplication of disputes.The ODR mechanism aims at "online dispute resolution online" and has gradually gained popularity among the public in the field of e-commerce.The emergence of this mechanism not only provides support for the development of information and communication technology,but also responds to the real needs of dispute resolution.More importantly,the trend of global development is irresistible.Although ODR mechanism has already appeared,the upsurge of its exploration and research in China started late.This paper will start with the specific practice of ODR mechanism in China,and select three aspects: Online Negotiation,Online Mediation and Online Arbitration.This paper analyses the actual problems existing in the application process of the mechanism at the current stage,and makes targeted suggestions on the improvement of the above problems in order to maximize the effectiveness of the mechanism.This paper is divided into four parts:The first part is an overview of ODR mechanism.It mainly introduces the definition of ODR and its relationship with ADR and DDR,the development of ODR mechanism at home and abroad,and the necessity of developing this mechanism in China.The second part is the modes of ODR mechanism and the practice in China.The three types selected in this part are Online Negotiation,Online Mediation,and Online Arbitration,and the corresponding is divided into self-service and auxiliary,automatic and interactive,official and unofficial modes.It also introduces the localized ODR practices in China,such as the China Consumers Association Complaints and Reconciliation Monitoring Platform,the Zhongxin E-Commerce Transaction Protection Promotion Center,and the China International Economic and Trade Arbitration Commission Online Dispute Resolution Center.The third part is the analysis of the limitations of the ODR mechanism in China and the reasons for the limitations.According to the above three aspects of ODR practice in China,it is found that the problems in its operation include inadequate use of Information and Communication Technology,imperfect platform construction,inadequate standardization of operation and low popularity,and analyze the causes of these problems.The fourth part is the overcoming of the current limitations of China's ODR mechanism.This part puts forward specific suggestions for the problems encountered in the above three modes,including the use of ICT to achieve platform upgrade,standardized management to build ODR brand,and introduce autonomous execution mechanism and so on,so that China's ODR mechanism can be greatly developed.