Research On ODR Mechanism

With the deep development of globalization,coupled with the help of network information technology,cross-border e-commerce retail trade has developed rapidly,and a large number of small-scale cross-border online trade disputes have also arisen.Traditional dispute resolution mechanisms,including transnational lawsuits,international arbitration,and complaints to domestic consumer organizations,have failed in cross-border e-commerce retail dispute resolution.Online dispute resolution has become a new idea in the Internet era.The Online Dispute Resolution(ODR),as a new dissolving tool for the Internet era,has gradually spread across the world.At present,the application areas of the ODR model mainly focus on domain name disputes,intellectual property disputes and e-commerce disputes.Among them,the resolution of e-commerce disputes is the original purpose of the birth of the ODR.First,this paper studies the types and characteristics of cross-border e-commerce retail disputes,and analyzes the advantages of applying ODR to cross-border e-commerce disputes.Next,from the perspective of cross-border e-commerce retail dispute resolution,we will study the relevant legal issues of the ODR mechanism – who should make the rules,where the origins of the rules come from,and the effectiveness and enforcement of the ODR decisions.This paper combines the basic theories of network law and discusses the ODR rule-making thinking: countries,regional organizations and relevant international organizations will guide and standardize the ODR platform to formulate rules with platform characteristics on the basis of a unified ODR basic principle or consensus.Encouraging diversified development in the field of ODR provides parties with disputes with more options.In order to solve the problem that the ODR ruling does not have judicial force,the methods of effective execution of the ODR ruling from the two aspects of direct execution and indirect execution are studied.Finally,in order to prevent China from becoming an isolated island for ODR applications,and to lose the supportive advantages of ODR's cross-border e-commerce retail dispute resolution in global economic and trade activities,and to address the development status of China's ODR,we propose long-term development improvements.