Research On Online Dispute Resolution Mechanism Of Cross-border E-commerce

With the development of internet technology,the number of cross-border e-commerce transactions is increasing rapidly,and the resulting disputes are also increasing.Since cross-border e-commerce transactions are generated by relying on the Internet,and there are a large number of transactions with a small amount of subject matter,the traditional dispute resolution mechanism is often powerless when disputes occur.However,Online Dispute Resolution(hereinafter referred to as ODR)mechanism can solve disputes in cross-border e-commerce efficiently and conveniently in an Online manner without the limitation of space and time.Therefore,it is necessary to study the ODR mechanism.To study the ODR mechanism,firstly,the concept and type of the ODR mechanism should be studied,which is the basis for studying the ODR mechanism.This paper compares the ODR mechanism with the traditional dispute resolution mechanism,and finds that the ODR mechanism has the advantages of program flexibility,cost saving and antagonism reduction.However,there are many problems in practice because most countries currently do not have special legislation on the ODR mechanism.This paper focuses on the determination of the jurisdiction of the ODR mechanism,the determination of the application of law,and the enforcement of the dispute settlement results in the ODR mechanism.By analyzing the practice and exploration of the European Union,the United States,the United Nations Commission on International Trade Law and other countries and organizations,and combining different theories,this paper makes the research results have both theoretical and practical significance.This paper proposes that the determination of the jurisdiction of the ODR mechanism can be improved from the determination of the jurisdiction of the ODR service institution and the determination of the validity of the pre-dispute resolution agreement.As for the determination of the application of law,this paper proposes that the determination of the place of online arbitration and the determination of the applicable law can be started.In terms of the enforcement of the dispute resolution results of the ODR mechanism,this paper indicates that the "written" form should be expanded to make the dispute resolution results as enforceable as possible.As for the result of dispute resolution that lacks enforcement,this paper proposes that the enforcement efficiency of the result of dispute resolution can be improved by constructing a private enforcement mechanism which mainly encourages the performance mechanism.In the end,by analyzing the current situation of China's legislation on the ODR mechanism and the operation of the ODR service institutions,this paper finds that there are some problems in the construction of the ODR mechanism in China,such as the lack of legislation and the inconsistent operation rules of the service institutions.This paper compares different scholars point of view and the practice of international and regional exploration,and proposes that China's ODR mechanism should be legislated from the aspects of determining the jurisdiction of ODR service agencies,formulating uniform application law,and improving the implementation mechanism of dispute settlement results.In this way,it can improve the possibility of the parties to choose the ODR mechanism to solve their cross-border e-commerce disputes,so as to promote the development of cross-border e-commerce.