Research On Online Mediation Mechanism Of B2C E-commerce Dispute

Network consumption has replaced traditional consumption methods with its fast,wide range of choices and high cost performance,making it the first choice for consumers.With the rapid development of B2C e-commerce in the era of"Internet+",B2C e-commerce disputes have gradually become a typical type of dispute in the field of dispute resolution.On the one hand,a large number of fast-growing B2C e-commerce disputes have flooded into the judicial system,which consumes a large amount of judicial resources and brings new dispute resolution pressure to the judicial system.On the other hand,online dispute mediation mechanisms have emerged in domestic and international dispute resolution practices,which becomes a good choice for B2C e-commerce dispute resolution.However,when the online dispute resolution mechanism is applied to solve B2C e-commerce disputes,we have to notice that B2C e-commerce disputes growth rapidly,but the amount of disputes is small,the types of disputes are diverse,the dispute resolution practice is virtual,we have to solve the dispute in a low cost and in a short time.Online litigation,online arbitration,online settlement and other dispute resolution methods have insurmountable shortcomings in the simplicity of the process,the degree of confrontation and the flexibility in dispute resolution.Therefore,the discussion on the online mediation mechanism of B2C e-commerce disputes is very necessary.Due to its simple process,weak confrontation and strong flexibility,the online mediation mechanism could reduce the threshold for dispute resolution,promote the harmonious resolution of disputes,and keep up with the development of dispute resolution practices The requirements of virtuality,timeliness and low-cost in B2C e-commerce disputes make it necessary to solve B2C e-commerce disputes through online mediation mechanisms.At present,the concept of online mediation is controversial in the theoretical circle.However,from the perspective of global online mediation practice,online mediation should be divided into two types:system mediation and mediator mediation.The mediation mode of online mediators is more typical,and more in line with China’s national conditions.In the practice of dispute resolution,the online mediation mechanism of B2C e-commerce disputes has many problems:the challenge of the principle of voluntary mediation,the difficulty of implementing online mediation agreements,the neutrality of mediation of e-commerce platforms,and the questioning of subject qualifications.The reason is that the current operational rules of online mediation in China are still relatively fragmented,the relevant supporting rules for the operation of the online mediation mechanism are still not perfect,the mediation of the e-commerce platform is not standardized,and there is no specialized new online mediation platform.Therefore,in order to improve the online mediation mechanism of B2C e-commerce disputes,in the perspective of system,we must improve the rules of online mediation,call for positive judicial interpretation and unify external platform mediation rules;In the perspective of supporting measures,we must pay attention to the online operation of judicial confirmation procedures in the development of smart courts and the development of internet courts,improve the construction of the mediation-litigation docking platform,promote the "one-stop" dispute resolution platform plays a role in B2C e-commerce dispute resolution.At the same time,we could use the compulsory mediation system in e-commerce dispute to improve the efficiency of dispute resolution.In the perspective of platform construction,it is recommended to standardize the B2C e-commerce platform mediation,standardize the internal solution process of the B2C e-commerce platform,clarify the online negotiation,online mediation and online complaints,clearly define the nature of the legal relationship of disputes,refine the qualifications of disputed subjects,attract external independent mediation organizations to settle in,solve the neutrality problem of e-commerce platform,and accelerate the process of online construction for traditional mediation entities and the construction of specialized online mediation platforms.In order to strengthen the construction of new specialized mediation platforms,we must do a good job in the confidentiality,security and standardization of platform construction.