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Research On Online Dispute Resolution Mechanism(ODR)of Cross-border E-commerce

Posted on:2022-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:M J HanFull Text:PDF
GTID:2506306323957029Subject:International law
Abstract/Summary:PDF Full Text Request
On April 27,2020,“State Council of the PRC on agree that 46 districts and regions set up cross-border e-commerce comprehensive experimental zone,including Xiong'an New Area "(the letter[2020]47)made a decision,agreed to 46 cities and regions set up cross-border e-commerce comprehensive experimental zone,including Xiong'an New Area.So far,China is divided into five batches of the establishment of cross-border e-commerce comprehensive experimental zone in 105,covering 30 provinces.It can be seen that China is vigorously supporting and developing the cross-border e-commerce industry.At the same time,disputes arising from cross-border e-commerce will also increase,so it is crucial to establish a supporting and perfect cross-border e-commerce dispute resolution mechanism.The COVID-19 epidemic in 2020 has greatly hindered the traditional channels of many foreign trade enterprises.In particular,faced with the impact of the epidemic,many entity stores were closed,and traditional foreign trade channels were gradually shifted to online operations.Cross-border e-commerce greatly showed its advantages during the epidemic.However,China's current online dispute resolution mechanism is not perfect,and the online dispute resolution platform cannot meet the needs of cross-border e-commerce disputes.Therefore,this paper is divided into three chapters to study the online dispute resolution mechanism of cross-border e-commerce.The first chapter is an overview of the online dispute resolution mechanism.Firstly,it defines the three ways of the online dispute resolution mechanism:online negotiation,online mediation and online arbitration.Secondly,it demonstrates the shortcomings of the traditional dispute resolution mechanism in dealing with cross-border e-commerce,such as high cost of dispute resolution,difficulty in determining jurisdiction,inconsistent standards of law application,and difficulty in solving enforcement problems.Finally,the author puts forward the necessity of improving China's online dispute resolution mechanism:firstly,China strongly supports and develops cross-border e-commerce industry;secondly,traditional foreign trade channels are gradually shifting to online operation,so it is also crucial to establish a matching online dispute resolution mechanism.Chapter 2:the current situation of online dispute resolution mechanism:the paper from the status quo of China and foreign,the legislative practice of United Nations Commission on Trade Law and the internal dispute resolution mechanism of cross-border e-commerce business platform,analyzes the operation mode and operation mechanism of China and foreign online dispute resolution mechanism,in order to provide reference for the construction of online dispute resolution mechanism in China.Chapter 3:problems and perfect measure in China's online dispute resolution mechanism:about the problem of online dispute resolution mechanism in China,the author based on the present situation of online dispute resolution mechanism in China,puts forward the existing problems of online dispute resolution mechanism in China:related legal provisions are not clear;not recognizing the validity of the temporary arbitration;lacking of online dispute resolution platform and e-commerce business platform ensuring internal dispute settlement mechanism,in order to obtain from these four aspects to perfect China online dispute resolution mechanism.On the perfection of China's online dispute resolution mechanism,first of all,the unified rules of e-commerce should be established to clearly define the online dispute resolution mechanism.Secondly,due to our current online dispute resolution mechanism cannot meet the requirement of cross-border e-commerce,we should build a new platform for the online dispute resolution,based on the selection of the arbitrator and mediator,fee charging,the execution of arbitral awards and mediation agreement,serving documents online,personal information protection,the language problem,the paper has puts forward some suggestions for the construction of a platform for online dispute resolution from these several aspects.Due to the huge number of e-commerce disputes,the pre-procedure of the internal dispute resolution mechanism of the e-commerce platform can be adopted.Only the disputes that cannot be resolved by the e-commerce platform can be submitted to the online dispute resolution platform.At the same time,the pre-process of automatic dispute settlement system should be established,and relying on internet technology,the cases involving only the amount of disputes should be processed and distributed in advance,so as to reduce the pressure on the online dispute settlement platform.The innovation of this article is aimed at cross-border needs to build a whole process of e-commerce transactions online dispute resolution mechanism:trade dispute arising out of businesses and consumers in e-commerce business platform,first of all,through the platform internal dispute resolution mechanism,by the e-commerce business platform to solve disputes:e-commerce business plat-form to establish a dispute prepositional procedure,automatic processing system for involves only the dispute amount through an automated system processing,automation system can not only solve the dispute is submitted to the commissioner for processing e-commerce business platform internal dispute resolution;When the parties are not satisfied with the results formed by the internal dispute resolution mechanism of the e-commerce platform,they can submit to the online dispute resolution platform,thus forming a binding result.The online dispute resolution mechanism constructed in this paper goes through two shunt procedures.First,the dispute settlement of the ODR platform is shunted through the internal dispute resolution mechanism of the e-commerce platform.Secondly,the automatic processing system of internal disputes on the e-commerce platform is used for redistribution.In addition,this paper also puts forward suggestions on the construction of the ODR platform,in order to provide reference for improving the online dispute resolution mechanism in China.
Keywords/Search Tags:Online dispute resolution mechanism, Online dispute resolution platform, Ad hoc arbitration, Cross-border e-commerce transactions
PDF Full Text Request
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