The Dilemma And Solution Of Online Dispute Resolution In B2C Online Shopping

With the continuous improvement of e-commerce,the surge in the number of B2C online shopping disputes has caused tremendous pressure on consumer protection.On the one hand,B2C online shopping consumers are less active in protecting their rights and interests under the virtual environment,and the psychology of bored litigation is prominent,and they are more likely to neglect the procedural justice in dispute resolution.On the other hand,it is difficult for the traditional legal system to play its due role in this emerging field.In this situation,the online dispute resolution(ODR)mechanism,known for its convenience,efficiency,and flexibility,has developed rapidly in practice and plays a significant role in B2C online shopping dispute resolution and consumer protection.ODR is a combination of non-litigation alternative dispute resolution and information and communication technology,including a series of dispute resolution methods such as online negotiation,online mediation,online arbitration,which can be well adapted to the small,large and extensive B2C network transactions features.As the E-Commerce Law takes effects and leads the legalization of ODR development in China,the promotion of ODR construction will become an important part of the legalization process in the field of B2C online shopping.Therefore,to some extent,research on the legal basis,social governance risks and development path of ODR development in B2C online shopping is urgent.Under the background of the law system reform that promotes the multiplex dispute resolution mechanism,China 's judicial system,administrative supervision departments,industry associations,e-commerce platforms,private organizations and other parties have extensively carried out ODR exploration and practice and have achieved some certain results.However,China's current ODR development still faces many problems.At the legal level,ODR's system supply is insufficient and it is difficult to integrate into the current non-litigation legal system.On the practical level,the internal and external ODR development of e-commerce platforms is uneven.The former is caught in the "quasi-public power" regulatory gap,which makes dispute handling unable to form the credibility foundation of consumer trust.The latter lacks a reasonable and sound development mechanism and is difficult to achieve sustainable and effective development momentum,which triggered a series of legal and social risks.In addition to the prominence of legal lag in the field of B2C online shopping dispute resolution,there are also deep-seated reasons that reside in the current legal and regulatory systems.In view of this,based on the current legal system of our country and the observation and summary of the practical experience of ODR development at home and abroad,this article draws the following conclusions:To promote the sound,reasonable and orderly legal development of ODR in China,at the institutional level,it is necessary to further improve the construction of related legal systems such as online mediation and online arbitration,including the judicial confirmation system of online mediation,online arbitration validity determination rules,and electronic evidence determination rules,etc.At the same time,we must focus on the integrity and normative construction of the ODR platform dispute resolution process,and actively guide consumers to seek diversified dispute resolution methods to change the passive and weak situation of B2C online shopping consumers in dispute resolution;at the level of social governance,we must actively implement the supervision of ODR inside the e-commerce platform and establish an ODR value system with "fairness" as the core,improve platform information openness,integration,and "one-stop" construction,and build an ODR evaluation system with unnified powers and responsibilities to enhance the credibility of dispute resolution;at the platform construction level,we must actively promote the development of the ODR systems outside the e-commerce platforms,integrate diversified dispute resolution resources,broaden the diversity dispute resolution linkage mechanism,and gradually explore market-oriented development path of the ODR.