Procedure guarantee for the resolution of network transaction disputes
June 19, 2019 07:59 Source: "China Social Sciences" June 19, 2019, Issue 1716, Ren Rongqing

With the continuous development and maturity of Internet technology,People's dependence on the Internet has continued to rise,Online transactions came into being.。According to data statistics,,Starting from 2013,The rapid development of the national online shopping user size at a rapid compound annual growth rate of 17%,2017 online shopping users reached 540 million people,2018 broke through 600 million people。Online transactions have changed the shopping model of consumers,It brought great convenience to consumers,But because of the after -sales responsibility of online shopping products, it is difficult to implement,As a result, online shopping disputes have increased year by year。To protect the legitimate rights and interests of consumers of online shopping,You can build an ODR non -complaint platform for network transactions,Establish a small online litigation procedure,Strengthening the intensity of online consumer public interest litigation,To effectively promote the resolution of network transaction disputes。

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Current,my country's online dispute solution platform mainly includes the China International Economic and Trade Arbitration Commission's online dispute solution center、China's dispute online solution network、Internet Association Mediation Center。In order to better resolve network disputes,In the future, we need to uniformly integrate the existing ADR institutions to the ODR platform,merged and cross -domain、Fill in the blank field,A set of strict and effective alternative dispute processing network through the increase Bet365 lotto review or decrease of the mechanism,and build a new ODR non -complaint correction procedure,Provide independence for online consumers and online traders、Justice、Transparent、Efficient and rapid foreign litigation dispute resolution solution。

First,Online recognition of the subject identity of online consumers。Online transaction dispute resolution is based on the identity recognition of the subject,In terms of natural person identity,At present, the second -generation ID card information system has achieved a higher security multiple authentication system that combines face recognition technology。In terms of legal person identification,can be with industry and commerce、Tax、Information Registration Platform of the administrative department of health and other administrative departments,Enter the industrial and commercial registration information of the legal person、Taxation、After business license qualifications and other information,The system automatically compares it with the registration information of various administrative departments and completes online recognition。2,Specific operation steps for non -vocal online disputes。From the perspective of the operation procedure,Non -line solutions for online transaction disputes are mainly four steps: first,Online consumers submit appeal materials and specific appeals to ODR non -appeal platforms。Next,The ODR non -complaint platform is responsible for checking whether the complaint can be handled,and choose dispute ADR institutions according to the tendency opinion of online consumers; again,The ADR institution in charge of the ADR institution will carry out dispute resolution within 30 days from the date of receipt of the appeal,Seeking a suitable dispute solution; bet365 live casino games finally,ADR agencies that deal with disputes must submit to the online platform to give back to the date of the complaint from the parties to the two parties、Date of specific disputes,and data and situations such as solving the process of treatment。Last,ODR processing results have the effectiveness of "one tailor"。Online resolution of disputes to implement "one -tailoring",ODR non -complaint platform arbitration awards have legal effect,The parties do not perform,Another party can apply for the court for compulsory execution。A non -arbitration dispute treatment method that cannot be handled by the ODR non -complaint platform within the statutory period,Inform the dispute between the two parties to solve it through a lawsuit,At the same time, the ODR non -complaint platform is responsible for guiding and assisting in online consumers to carry out litigation relief methods,and transfer the obtained evidence and other materials in time。

  Programming 2: Establish a small online litigation program

As early as 2015, the Yuhang Court established an e -commerce online court,Explore the new mode of online trial in the "Internet+" era。Since then,Hangzhou、The establishment of the Beijing Internet Court,and the establishment of online courts in various places,Realizing the prosecution of online transaction cases、mediation、File case、Proof、Certificate of Quality、Open Court、Judgment and other litigation links to the whole process of networking。According to relevant monitoring data, it shows,Most of the amount involved in cyber dispute cases is less than 5,000 yuan,In view of this,It is necessary to under the integrated process of "network transaction dispute network solution",Application of strengthening online small litigation procedures,But pay attention Bet365 app download to the following two aspects。

On the one hand,Establish a docking tracking mechanism for small litigation procedures and simple programs。Cases involved in consumer litigation of online transactions,During the lawsuit stage of its come to the hospital, the registration should be done。For this kind of case entering the small litigation procedure,It can be simplified in the form of litigation documents,No need to write in writing; it should also be weakened in terms of proof requirements and forms of evidence in the parties,If you do not need to provide electronic evidence printing drafts during the filing stage,No need to notify it,But the various simplified requirements in the case of small litigation procedures should be recorded one by one,and circulate with the case,Once a small litigation program is applicable, but,After turning into a simple program,Trial judges who are convenient for simple procedures can follow this。On the other hand,Establish a connection conversion mechanism for small litigation procedures and simple programs。To improve the efficiency of litigation,Accelerate the processing progress of disputes,and reduce the litigation cost of the court and the parties,For the trial procedures that have been conducted in small litigation procedures、Published trial opinions, etc.,A form that can be agreed and confirmed by the parties' electronic signature,Directly converted into the corresponding part of the simple program litigation; for the simplified part of the small litigation program,can be strengthened according to the tracking record。

 Programming 3: Strengthen the intensity of online consumer public interest litigation

February 1, 2016,The Supreme People's Court released the "Explanation of Several Issues on Applicable Laws on the Application of Laws on Consumption Civil Public interest litigation cases in the bet365 live casino games Supreme People's Court",Clarified the scope of the application of consumer public interest litigation、It stipulates the centralized jurisdiction of the high court after the Supreme Court of the High Court、Fine materials to be submitted by consumer public interest litigation、strengthened the court's power、The connection between consumer civil public interest litigation and consumer administrative enforcement law。But in judicial practice,In view of the particularity of online consumption,It still needs to be clear the following questions。

First,Definition of the nature of online consumers。Due to the complexity of consumer behavior,Some simple private laws can be resolved through private interest litigation,Realize the relief of their own rights through the realization of consumer claims。and more behaviors such as the loss of fairness, it is not just the personal interests of the specific consumer,It also involves the social fairness of this category of producers or operators,The interests involved in this part should be attributed to the scope of social public interest,Therefore,Online consumers' rights and interests have the attributes of a certain public interest,You can maintain the legitimate rights and interests of consumers through public interest litigation。

Second,Establish a pre -procedure for dispute treatment of the Consumer Association。Although the judicial interpretation was not determined before the consumer public interest lawsuit,Must exhaust all administrative implementation relief methods,But the prosecution of the consumer public interest litigation is mainly consumer association,The Consumer Rights Protection Law stipulates that when consumer equity disputes occur,You can ask the consumer association or other mediation organizations bet365 Play online games established in accordance with the law,The mediation of the Consumer Association on the one hand is conducive to improving the efficiency of dispute resolution; on the other hand, after the mediation is unsuccessful,Provide factual basis for judging whether to mention consumer public interest litigation。Therefore,During the process of handling network transaction disputes,It should be reported to the consumer associations at all levels and after processing without results,Can the consumer public interest litigation be filed。

third,Allowing compensation or punitive damage compensation requests。Although the judicial interpretation of the litigation of damage compensation, the avoidance attitude of the civil public interest litigation,But November 2017,The People's Procuratorate of Lichuan City, Hubei Province mentioned the first criminal attachment of criminal attachment to punitive compensation for the sales of pork in the country.,Since then,Guangdong、Jilin、Procuratorates in Shanghai and other places have successively carried out punitive compensation for practical exploration in consumer civil public interest litigation,All received support from the court judgment。Compared with physical consumption,Online consumption is virtual and difficult to recognize,More to buy and seller has the foundation of integrity,Therefore,Allow compensation requests for compensation or punitive damage compensation requests in online consumer public interest litigation,The fair value of the public interest litigation can be achieved、Order value、Effect value,Not only guarantees the victims of online shopping consumers from compensation to get the deserved relief share,It is also conducive to improving the integrity consciousness of online transactions,Purifying the network trading environment。

  (Author Unit: Research Center of Nankai University's Realm Property Law and Bankruptcy Law)

Editor in charge: Liu Yuan Ship
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