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The Research On A Transnational Online Shopping Dispute Resolution Mechanism

Posted on:2015-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:S H YangFull Text:PDF
GTID:2296330422989386Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of electronic commerce has arisen a large number oftransnational online shopping disputes. When the transnational online shoppingsprang up, it is widely used in the practice of dispute resolution due to its advantage ofwide application、rigorous procedures、strong execution、mature, but it is no longer atimely and effective method in terms of solving transnational online shopping disputes.Even mature traditional dispute resolution mechanism will appeared to be inadequate,when facing the disputes arising from the international electronic market which isvirtual、in large quantity and in wide range. Expensive time, money costs, conflicts ofjurisdiction, complex procedures, as well as the difficulties of the applicable law willlead to the weak adaptability when the traditional dispute resolution mechanisms arein face of the transnational online shopping dispute. Because the rapid development ofinformation technology affects the pattern of the international trade, transnationalonline shopping disputes challenge the traditional mechanism with innovative ideasand practice, and a suitable resolution platform is necessary. Online dispute resolutionmechanism is such a new platform, and it is considerable feasible for people who aresatisfied about its high efficiency.In this essay, it is pointed out that although online dispute resolution mechanismdid not completely replace the traditional mechanisms, it is undeniable that traditionaldispute resolution mechanisms are replaced by online resolution mechanism andsupported by consumers around the world past experience and practice. However,there are still many problems during the practice in China. In my opinion, credibilityand coercive power, which are the most important features of traditional resolutionmechanism, should be considered when resolving online shopping disputes. On thisbasis, our country should fill the gap of online dispute resolution mechanism, buildingintegrity mechanisms, the development of network technology, construction of thelegal system, as well as enhancing self-regulation and government support canconsummate the accessory measures of the resolution. And it is crucial to combine thetraditional resolution mechanisms and online mechanisms legally to enhance disputeresolution execution. Moreover, to promote the prosperity and development oftransnational disputes online shopping and e-commerce, China’s relevantorganizations should also enhance the cooperation with international organization son specific practice to build an economical, efficient and international recognized onlineshopping dispute resolution mechanism.
Keywords/Search Tags:Transnational online shopping disputes, Dispute resolution, E-commerce, ODR
PDF Full Text Request
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