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Improve China's Cross-border E-commerce Consumer Dispute Online Resolution Mechanism Through EU ODR

Posted on:2022-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiuFull Text:PDF
GTID:2506306341967709Subject:International Law
Abstract/Summary:PDF Full Text Request
Cross-border e-commerce is an important layout to promote global economic integration,and it is also one of the important ways for small and medium-sized enterprises in China to go beyond national boundaries.With the rapid development in recent years,there are more and more cross-border disputes among consumers,which show the characteristics of small rating,homogenization and decentralization.Because cross-border e-commerce is invisible and global,disputes are more likely to occur than domestic e-commerce.Because the cost of dispute resolution of cross-border litigation and arbitration is not appropriate compared with the small amount of goods of crossborder e-commerce,cross-border e-commerce disputes are difficult to resolve.With the development of the Internet,online dispute resolution mechanism has been more and more widely used due to its stronger consensual nature and spatial flexibility.Such online dispute resolution method is also convenient to promote the demand of cross-border e-commerce for global consumer dispute resolution.In view of the present our country cross-border electricity consumers online dispute the legal basis and practice,although our country through the electric commercial law and the network transaction management method "for electric business platform dispute to solve the problem for a certain guidance,but as a result of legal norms is not enough meticulous,makes the current online dispute settlement mechanism has certain defects.At present,China lacks specialized laws and data security guarantee for online dispute resolution mechanism,and the construction of platforms,requirements for mediators and protection measures for personal data are not perfect.EU ODR is a typical online mechanism that has realized cross-border settlement of e-commerce consumer disputes,and strictly uses consumer data under the regulation of EU GDPR.Based on the Consumer ODR Regulation and the Consumer ADR Directive,the EU ODR mechanism can be widely promoted and used in the member states.From the perspective of the EU's legislative system and the values of consumer protection,the EU's ODR experience is a good reference for China.In view of the existing problems in the online settlement mechanism of cross-border e-commerce consumer disputes,this paper will put forward suggestions on the legal construction and improvement of the mechanism in China based on the EU ODR mechanism.
Keywords/Search Tags:Cross-Border E-Commerce, Online Dispute Resolution, EU ODR, Data protection
PDF Full Text Request
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