On The Odr Mode Of Transnational E-Commercial Dispute Resolution

With the rapid development of transnational e-commerce, a large number of multinational civil and commercial disputes are endless, numerous and complicated. The international community has been widely researching and discussing for finding the proper way to resolve the disputes resulted from it. Practice has proved that ODR (Online Dispute Resolution), namely the online form of ADR, which can be effectively combined the advantages of ADR and internet technology, is adapted to transnational e-commercial environment and is the mode of efficient, convenient, fair and low-cost dispute resolution.According to the current theories of international society and the practice of developed countries and regions, this article takes ODR as the research object, tries to discuss the related legal dilemmas of ODR, and aiming to explore how to resolve the involved legal issues of ODR, draws the outline of an ideal ODR mode. Finally, on bases of these, it researches the methods and paths of the establishment's mode of the China's future ODR and for the development of our transnational e-commerce, constructs the efficient, justice, low-cost dispute resolution mechanism which makes the consumer full of confidence.In addition to the introduction and conclusion, the text is divided into four chapters. The main contents are as follows:By a case, the first chapter leads a new mode of dispute resolution——ODR, and then elaborates the ODR's basic meaning and the extra-territorial practice of ODR, which establishes the theoretical and practical bases for proposing the ODR's legal dilemmas in the following.The second chapter respectively details the facing legal dilemmas in the process of ODR's development. Specifically, it analyses the problem of technical standard, the problem of legal standard, the problem of applicable law and the problem of the ruling's acknowledgement and enforcement, which proposes the legal issues, that are needed to be addressed in this article.With regard to the legal issues of ODR, the third chapter puts forward comprehensive resolution approaches. Specifically, respectively in accordance with the problem of technical standard, the problem of legal standard, the problem of applicable law and the problem of the ruling's acknowledgement and enforcement which are the facing issues in the ODR's development process, the author proposes the resolution approaches.The fourth chapter elaborates systematically the construction of the China's ODR. Firstly, it mainly introduces the current practical situation and legal environment of the China's ODR, and then details the construction of the China's ODR——the construction of the supporting credit system, the construction of the supporting technology, the legal construction and the industry's construction in turn.