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The Online Dispute Resolution Mechanism Of Cross-Border E-commerce

Posted on:2020-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:L MeiFull Text:PDF
GTID:2416330623453610Subject:International law
Abstract/Summary:PDF Full Text Request
Cross border e-commerce is the inevitable trend of economic globalization and social networking,and is becoming more and more extensive and deepening international trade mode.It is the export-oriented economic development that China will inevitably develop rapidly in the process of promoting the development strategy of "one belt and one road" and integrating into the world economic system as China's second largest economy and the largest electricity supplier in the world.Way.Vigorously developing cross-border e-commerce and trade is of great significance to the development of China and even the world economy.This paper analyses the research on Online Dispute Resolution Mechanism of cross-border e-commerce in China by scholars at home and abroad,and makes a thorough analysis of the current situation,main characteristics and main contents of cross-border e-commerce disputes in China.It is concluded that the transnational characteristics of cross-border e-commerce lead to the upgrading of disputes and the complexity of cross-border disputes caused by virtualization transactions.Small-scale mass transactions make the cost of cross-border e-commerce disputes disposal too high.This paper analyses the traditional ways of settling cross-border e-commerce disputes and their shortcomings.The conclusion is that negotiation and reconciliation are unfair,institutional mediation is ineffective,and traditional arbitration has limitations.It emphasizes that traditional non-litigation methods are too inefficient and costly to solve cross-border e-commerce disputes.This paper analyses the necessity and feasibility of establishing an online dispute resolution mechanism for cross-border e-commerce,interprets ODR,an online dispute resolution mechanism for cross-border e-commerce,analyses the current situation and trend of Online Dispute Resolution Mechanism for cross-border e-commerce in China,and emphasizes that the main problem of Online Dispute Resolution for cross-border e-commerce is online.It is difficult to determine the application of law and jurisdiction to solve the problem.It is faced with the dilemma of legal standards and technical support.The issue of recognition and enforcement after online dispute resolution needs to be solved.The research result of this paper is to put forward some suggestions to improve the Online Dispute Resolution Mechanism of cross-border e-commerce,including respecting and guiding the parties to choose the jurisdiction unit of dispute litigation and arbitration,determining the applicable legal system of online cross-border dispute resolution from the relative weakness of consumers,and confirming the basis of online dispute resolution of cross-border e-commerce.This system defines a series of restrictive measures from the point of restraining sellers.
Keywords/Search Tags:Cross-boarder, E-commerce, Online Dispute Resolution
PDF Full Text Request
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