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Research On Online Dispute Resolution For Cross-Border E-Commerce

Posted on:2024-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XieFull Text:PDF
GTID:2556307055469404Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of modern information and communication technologies,especially the popularization of the Internet,e-commerce has become a new economic form.However,the accompanying increase in online disputes often involves small transactions,cross-regional characteristics,and virtual entities.Traditional dispute resolution methods can no longer meet the demand for fast and efficient solutions.Consequently,developed countries have combined alternative dispute resolution mechanisms with information and communication technologies,pioneering online dispute resolution mechanisms.Although these mechanisms have high-tech,economical,flexible,and global characteristics,some issues still remain unresolved.This thesis examines the current state of cross-border e-commerce ODR mechanisms in China and systematically compares them with traditional dispute resolution methods.Through in-depth research on ODR mechanisms in the Americas,the European Union,and the United Nations Commission on International Trade Law’s model documents,the thesis analyzes the problems in China’s cross-border e-commerce ODR practices,such as the absence of legal rules,jurisdictional issues,and conflicts in the application of laws.It proposes that China should determine jurisdiction based on the principle of party autonomy,apply lex mercatoria to address legal application challenges,build an efficient ODR system,establish unified ODR standards,focus on consumer protection,and improve ODR-related laws and regulations.Furthermore,the thesis recommends enhancing the connection between different platforms within the ODR mechanism,establishing an execution guarantee system,promoting voluntary compliance through industry self-regulation and reputation marking,and utilizing emerging technologies such as blockchain-based evidence collection,smart contracts,and artificial intelligence to resolve related challenges.
Keywords/Search Tags:Cross-border e-commerce, Alternative dispute resolution, Online dispute resolution, Jurisdiction
PDF Full Text Request
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