A Study On Online Dispute Resolution In China From Cross-border E-commerce Perspective

With the development of Internet information technology and cross-border e-commerce,a vast number of cross-border e-commerce disputes,which characterized by online,transnational,vast amount,low value has appeared in China.The traditional way of dispute resolution cannot meet its demand on timeliness,convenience and low cost.Under this background,Online Dispute Resolution(hereinafter referred as ODR)arises at the historic moment.As a way of dispute resolution,ODR is not just the online form of the traditional offline dispute resolution,it has its own value and significance.But on its connotation and denotation,there has not a unified opinion.This dissertation claims that ODR is a dispute resolution method with the help of electronic communication and other information and communication technologies,including online negotiation,online mediation,online arbitration and online litigation.Because of the uniqueness of online negotiation,this article based on its institutional phase,only discusses online mediation,online arbitration and online litigation.As an innovation of traditional offline dispute resolution methods,ODR is bound to encounter different kinds of legal dilemmas,including the right of jurisdiction,the application of law and etc,in the process of resolving cross-border e-commerce disputes.Exploration and response to these legal dilemmas is essential for the development of China's cross-border e-commerce ODR mechanism.Based on this,this paper analyzes the legal dilemma faced by cross-border e-commerce online dispute resolution mechanism in our country;combed the experience of cross-border e-commerce online dispute resolution internationally and abroad,and considers the practice of cross-border e-commerce ODR in the judicial field in our country to put forward some targeted suggestions on how to construct cross-border e-commerce ODR in our country.