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Research On The Online Third-party Mediation Mechanism Of Cross-border E-commerce Transaction Disputes In My Country

Posted on:2021-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:J QinFull Text:PDF
GTID:2436330611970170Subject:Law
Abstract/Summary:PDF Full Text Request
Internet technology promotes the rapid development of economy,and with the rapid development of globalization and international trade,it provides favorable conditions for people to consume and trade across the border.Cross border E-commerce came into being.The so-called cross-border E-commerce is an extension of domestic E-commerce and a higher-level E-commerce.In recent years,with the strong support of Internet platform,logistics distribution,e-payment,credit service and other professional services and technologies,cross-border E-commerce in China has shown a rapid growth trend.But there are also a series of disputes.From the philosophical point of view,the settlement of disputes will help to promote the healthy development of cross-border e-commerce.Therefore,how to solve the disputes quickly and effectively has become a major difficulty and focus of cross-border e-commerce.There are many foreign factors in the settlement of consumer disputes in cross-border E-commerce,and many uncertain factors such as in the application of which country's laws and how to implement them,resulting in the high cost of consumer rights protection.After sales difficulties in cross-border E-commerce has become a major disaster area in international transactions.This is closely related to the characteristics of cross-border E-commerce.Compared with domestic online shopping,cross-border E-commerce is relatively complex.In addition to overseas E-commerce,cross-border online payment,transfer company mailing,customs and other links are also involved.If there are problems,such as mail parcels being lost or damaged,credit card information being cheated and so on,there may be mutual prevarication and unclear responsibility.Therefore,some experts suggest that online dispute resolution mechanism or one-all dispute resolution platform can be established to deal with "offshore" disputes.Because the traditional way of dispute resolution has been difficult to meet the current needs,has been unable to adapt to the development of the times.In view of the above background,this paper takes cross-border E-commerce and online third-party mediation mechanism as the research object.Based on the domestic E-commerce and traditional mediation theories,it makes some basic research on online third-party mediation mechanism in cross-border E-commerce.The first chapter is an overview of cross-border E-commerce and online third-party mediation.This chapter includes two parts: cross-border E-commerce trade disputes and online third-party mediation mechanism.It presents the characteristics and classification of cross-border E-commerce trade disputes,and defines the concepts of online mediation,third-party mediation and online third-party mediation.The second chapter is about the legislation and practice of the third-party mediation mechanism for cross-border e-commerce disputes in China.Through the relevant analysis of the three laws and regulations,the people's Republic of China Electronic Signature Law,the people's Republic of China online transaction management measures and the people's Republic of China E-commerce law,we find the support and inspiration for the relevant principles of online third-party mediation mechanism for cross-border E-commerce trade disputes in China;China's E-commerce consumer dispute mediation platform will be used as an example to describe the evolution and current situation of online third-party mediation mechanism.Through the description of this chapter,it shows the current situation of legislation and practice of the third-party mediation mechanism for cross-border E-commerce trade disputes in China..The third chapter focuses on the analysis of the problems,and puts forward the problems of the third-party mediation mechanism for cross-border E-commerce trade disputes in practice in China and their causes.The main problems are as follows,lack of protection of neutrality and professionalism,the defects of procedure setting and the need to improve the application of law.The fourth chapter focuses on the analysis of foreign online third-party mediation mechanism for cross-border E-commerce trade disputes.Through the analysis of the system and practice of the NCITRAL,the International Chamber of Commerce,the European Union in online third-party mediation mechanism for cross-border E-commerce trade disputes,we can draw their enlightenment on the application of online third-party mediation mechanism to solve cross-border E-commerce trade disputes in China.The fifth chapter puts forward countermeasures to improve the third-party mediation mechanism for cross-border E-commerce trade disputes in China.Referring to UNCITRAL “Online dispute resolution for cross-border electronic commerce transactions: draft procedural rules”,ICC's “new mediation rules”,the Directive 0nConsumer ADR formulated by the European Union.In view of the problems existing in the relevant laws and practices in China,this paper puts forward suggestions on improving the online third-party mediation mechanism for cross-border E-commerce trade disputes in China.
Keywords/Search Tags:cross-border E-commerce, online dispute resolution, mediation mechanism
PDF Full Text Request
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