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On The Defects And Improvement Of The Online Mediation Mechanism Of China's E-commerce Platform

Posted on:2021-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2416330626953765Subject:Law
Abstract/Summary:PDF Full Text Request
China's e-commerce development level is already in the leading position in the world.Not only have e-commerce platforms such as Taobao,Tmall and JD Malls that are more influential at home and abroad,but also are being updated every day.For some small and medium-sized e-commerce companies,these platforms are developing rapidly,and the development field involves all aspects of people's lives.However,the development of various economies and technologies has also exacerbated social conflicts,so it is urgent to build a diversified dispute resolution mechanism to adapt to a society with diverse and complicated conflicts.Although China's e-commerce economy has developed to a higher level,it has a certain gap with the international level in constructing a dispute resolution mechanism.Therefore,it is necessary to improve the relevant systems and operating procedures of the online mediation mechanism of the domestic e-commerce platform..Therefore,through the analysis of the operating procedures and systems of the online mediation mechanism of a typical e-commerce platform in China,this article finds out the shortcomings and deficiencies,and analyzes the successful experience of the online dispute resolution mechanism of a typical e-commerce platform in the world.Use for reference to explore the perfect path of science.In addition to the introduction and conclusion,this article mainly has five parts:First,the development,meaning and characteristics of the online mediation mechanism are introduced,and on this basis,the necessity and feasibility of establishing an online mediation mechanism for an e-commerce platform in China are analyzed.Secondly,in the analysis of the operating procedures of the online mediation mechanism,combined with China's e-commerce platform "Taobao.com",the start-up procedure,proceeding procedure and termination procedure of the online mediation mechanism were respectively analyzed.Third,it first introduces the legal status and practical status of the online mediation mechanism of China's e-commerce platform,and focuses on the analysis of itsinstitutional and operational deficiencies.In terms of the system,the main lack of relevant legal norms,self-discipline and supervision systems and other remedies connected with it;highlights the characteristics of the unprofessional mediator team,the limitation of fact review and the lack of a neutral third-party mediation agency during the operation process.Fourth,the characteristics of the online mediation mechanism of the representative foreign e-commerce platforms Square Trade and Mediation Room,as well as the rules of E-Bay and the guarantee system of online mediation in the International Commercial Mediation Model Law,and draw Enlightenment and reflection on the online mediation mechanism of e-commerce platform.Fifth,with regard to the defects of the third part of the system and operation mechanism of the online mediation mechanism of China's e-commerce platform,through analysis and reference,specific and targeted improvement suggestions are obtained.In terms of system,there are mainly the improvement of related legal norms,the establishment of self-discipline rules inside the platform based on successful experience at home and abroad,and the search and establishment of other remedies connected with it to help the parties to resolve disputes;Build a professional team of mediators,strengthen fact review during the online mediation process,and accelerate the establishment of a professional third-party mediation agency.
Keywords/Search Tags:E-commerce, Online mediation, Diversified dispute resolution mechanism
PDF Full Text Request
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