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Research On Online Dispute Resolution Mechanism Of Cross-Border Retail E-Commerce In China

Posted on:2021-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:F K ChongFull Text:PDF
GTID:2506306290481084Subject:Law
Abstract/Summary:PDF Full Text Request
With the emergence of cross-border retail e-commerce,consumers can enjoy goods or services all over the world without leaving home.However,while cross-border retail e-commerce brings convenience to consumers,there are more and more disputes.Traditional dispute resolution methods can not meet the needs of dispute resolution in terms of time cost and execution cost,and online dispute resolution mechanism is produced in this context.ODR is an online dispute resolution mechanism,which uses information network technology to resolve disputes through online consultation,online mediation and online arbitration.According to the standard of whether the ODR platform is within the e-commerce platform,it can be divided into the internal ODR of e-commerce platform and the external ODR of enterprise.The internal ODR of e-commerce platform can carry out online negotiation and online mediation,and the external ODR of enterprise can carry out online negotiation,online mediation and online arbitration.ODR platform solutions are not single,often a combination of multiple solutions.At present,there are many problems in the practice of ODR platform in China,which to a certain extent increases the difficulty of consumer rights protection.On the one hand,due to the lack of relevant legislation on ODR in China,ODR platform has many problems in dealing with cross-border retail e-commerce disputes,such as jurisdiction dilemma,legal application dilemma and result implementation dilemma;on the other hand,due to the imperfect dispute resolution rules formulated by ODR platform,low consumer utilization rate,insufficient provisions on personal information protection,mediation against voluntary principles and o Dr platform lacks credibility and other issues.In order to better protect the rights and interests of consumers,China can learn from the operation mode and design concept of EU ODR platform and e Bay online dispute processing center,and combine with the draft procedure rules formulated by the United Nations to improve China's ODR from the national and platform levels.At the national level,we should improve the relevant legislation,improve the implementation mechanism,establish an efficient diversion mechanism,and build ODR rules with other countries.As far as ODR platform is concerned,ODR within e-commerce platform should standardize dispute handling rules,establish a professional dispute handling team,follow the voluntary principle in the process of negotiation and mediation,pay attention to the self consultation of both parties in dispute,etc.;ODR outside the enterprise can supervise and divert cases on domestic ODR platform through the establishment of a unified management organization,and guide consumers in a more efficient platform At the same time,ODR should strengthen the protection of personal information to avoid infringement.Through the construction of national level and platform level to build our country's ODR system.
Keywords/Search Tags:cross-border retail e-commerce, e-commerce disputes, Online Dispute Resolution
PDF Full Text Request
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