Research On The Online Dispute Resolution Of E-Commerce Disputes In China

With the rapid development of Internet and communication technology,online shopping has become a new way of shopping for people.In 2019,China’s online shopping users reached 639 million,and the country’s online retail sales reached 10 trillion yuan,with the online retail sales of physical goods reaching8.5 trillion yuan.Along with the huge transaction volume,it is followed by a large number of e-commerce disputes.Online Dispute Resolution(ODR)refers to the Online settlement of e-commerce transaction disputes through network platforms and technologies.Its advantage is that disputes can be solved on the Internet,more efficient and convenient,and the cost is low,very suitable to deal with disputes arising from e-commerce.This paper is divided into four parts.The first part of the e-commerce and e-commerce disputes at home and abroad related to the theory of analysis and summary,analysis of the current e-commerce disputes of the traditional dispute resolution and the existing shortcomings.The second part analyzes andsummarizes the domestic and foreign theories of the ODR,and analyzes the advantages of the ODR based on relevant cases.The third part analyzes the online dispute resolution methods in the practice of our domestic situation,summed up the existing in the course of practice,the lack of relevant laws and regulations,electronic data that is difficult to determine,dispute resolution clause effectiveness in doubt,the lack of safeguards of the rights and interests of the parties,the traditional lawsuit idea is difficult to change the way,online dispute resolution profile is low.The fourth part of the western developed countries with mature way of online dispute resolution and summarize the relevant legal norms and put forward the perfect Suggestions,such as a legal document in order to make clear the legal status of online dispute resolution methods,expand the scope of application of electronic signature and data cables,perfect the rules of electronic data prove that,to develop online dispute resolution way procedural rules,implement the ODR platform dock with the court,optimizing the setting of dispute resolution clause,adopt more implementation safeguard measures and other improvement Suggestions.To construct an online dispute resolution method in line with the actual situation in China.