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Research On Online Arbitration Of Online Commodity Consumption Disputes

Posted on:2021-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:R J CongFull Text:PDF
GTID:2506306128477534Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Perfect dispute resolution mechanism is very important for the healthy development of online commodity consumption market.Online arbitration,as a dispute resolution mechanism,can solve online consumption disputes more quickly and efficiently.The perfect construction of this mechanism is not only related to the development of China’s network consumption market,but also to the development of China’s economy and social stability.In the face of people are not familiar with the way of online consumption,if not properly resolved disputes,to a large extent will lead to consumers lose confidence in online commodity consumption,in the long run may lead to a vicious circle.So this article takes the network commodity consumption dispute object to explore in this Online arbitration in the field of existing problems and try to give perfect suggestions,in order to better promote the development of online commodity consumer market in China.The article is divided into three parts,the main content of which is as follows:The first part introduces the online arbitration of online consumer disputes,first discusses the concept of online arbitration of online consumer disputes,second analyzes the background and causes of online arbitration,and finally summarizes the advantages of online arbitration.The second part analyzes the existing problems in online arbitration.The validity of the arbitration agreement is disputed,including formal and substantive elements;the independence and impartiality of some online arbitration institutions and personnel are questioned;there are still some difficulties in resolving the identification and preservation of electronic evidence in online consumption disputes,including the identification of electronic evidence,the preservation of electronic evidence;the social foundation is insufficient,including the lack of public trust in online arbitration of online consumer disputes,lack of legal confirmation,and the lag of online arbitration in China compared with developed countries.In the third part,some suggestions are put forward to improve online arbitration in China to resolve online consumer disputes.The first is to expand the interpretation of the written nature of the arbitration agreement and make corresponding provisions on the substantive elements;the second is to solve the problem of impartiality and independence of arbitration institutions by standardizing the sources of funds of arbitration institutions and strengthening the training of arbitrators’ business;the third is to introduce blockchain technology to strengthen the identification and preservation of electronic evidence so as to promote the development of online arbitration;the fourth is the comprehensive evaluation system of online arbitration confirmation of online arbitration envisaged in view of the lack of social foundation.
Keywords/Search Tags:Online arbitration, Online commodity consumption, Dispute resolution mechanism
PDF Full Text Request
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