Research On The Litigation Resolution Mechanism On B2C Cross-border Consumer Contract Disputes

The Internet is open and global,making it a virtual electronic space.When the consumer’s consumption behavior is transferred to the Internet environment,it poses great challenges to traditional dispute resolution methods.It also poses great challenges to the jurisdiction rules and the rules of law application.The evolving economic globalization and network innovation have spawned a brand-new cross-border online consumption.According to the different transaction objects of both parties,B2C cross-border consumer contracts have become a special form of consumer contracts.It refers to the establishment,modification or termination of civil rights and obligations between consumers and overseas merchants,in order to meet the needs of individuals or families under the Internet.B2C cross-border consumer contracts use the Internet as the transaction medium.The contract conclusion process is special and involves special protection of consumer rights,which has characteristics not found in general consumer contracts.During the transaction process,the particularity of cross-border Internet transactions has increased the number of B2C cross-border consumer contract disputes,and the legal relationship involved is also more complicated.Due to the imbalance of powers between the two contract parties,coupled with China’s supervision deficiency over all aspects of cross-border electronic commerce,and the weak legislation on consumer rights protection in e-commerce,consumers’ own rights cannot be well protected in the transactions,and it is even more difficult for consumers to protect their rights after encountering disputes.For the consumer contract disputes,although there are currently many resolutions,litigation,as a way to resolve disputes between parties,is conducive to the ultimate realization of procedural justice and substantive justice.It still plays an irreplaceable role and is the most important safeguard for the legitimate rights and interests of the parties.This paper mainly demonstrates the systems and issues involved in B2C cross-border consumer contract dispute litigation from the aspects of theory and legislative practice.It is mainly divided into five parts.The first part clearly defines the connotation of B2C cross-border consumer contract,and analyzes its characteristics,such as foreign-related nature and contract conclusion particularity,compared with ordinary consumer contracts.It also elaborates on the disputes caused by the timeliness of transactions,the indirection of the parties’ expressions of will and the inequality of status,as well as their multiple and complex characteristics.The second part analyzes the value orientation of B2C cross-border consumer contract litigation system,and introduces the principle of protecting the interests of the vulnerable,which serves as a guide for the following specific demonstration of the litigation system.The third part illustrates China’s legal provisions on the contract dispute litigation system,and elaborates the current application of relevant legal provisions.The fourth part mainly deepens into the difficulties faced by the traditional jurisdiction and other applicable rules.It delves into the deficiencies in China’s legal provisions and related factors plaguing dispute resolution.Finally,based on the analysis of relevant factors,the fifth part puts forward suggestions to promote the settlement of B2C cross-border consumer contract disputes,thus realizing the protection of consumers’ legitimate rights and interests.