UM E-Theses Collection (澳門大學電子學位論文庫)


The amelioration of online dispute resolution for business-to-consumer electronic commerce : from a consumer protection perspective

English Abstract

Nowadays, electronic commerce develops rapidly with the motivation of advanced Information and Communication Technology all over the world. At the same time, the special features of electronic commerce disputes challenge the traditional consumer protection policies, as the parties may be pretty far from each other and the claims may be a small amount. However, the online dispute resolution, as a burgeoning dispute resolution mechanism, has good effectiveness to resolve electronic commercial disputes, and is a better choice for consumers to protect their interests. At the same time, as the current online dispute resolution mechanism still needs to be further improved, it is very significant to study on the amelioration of online dispute resolution for electronic commerce. Through analyzing the status quo of electronic commerce and online dispute resolution mechanism, this thesis aimed to give several useful suggestions on the further improvement of online dispute resolution, especially on the aspect of consumer protection. Taking both national electronic commerce and cross-border one as clues, the thesis put forward that online dispute resolution is the best method to resolve electronic commerce disputes. Furthermore, the advantages and imperfections of relevant systems and regulations in different countries and regions are introduced and analyzed as well. Based on a comparative study between the relevant systems and regulations of other countries and China, the thesis pointed out that the special conditions of China will influence the further development of Chinese online dispute resolution mechanism. In China, Taobao Rules and Online Arbitration Rules of CIETAC represented the current development state of Chinese online dispute resolution. The strong censorship of Internet, continued controversy over economic system and insufficient legislative supports were the possible obstacles of further improvement of it. At last, the thesis concluded that in order to resolve electronic commerce disputes better, it is necessary to make a difference between online dispute resolution for domain names and online dispute resolution for small claims. At the same time, the convergence of regulation and self-regulation was important for the development of national online dispute resolution, while the harmonization of rules was important for cross-border one. Keywords: Online Dispute Resolution, Electronic Commerce, Consumer Protection, Government Intervention, Harmonization of Regulations

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Tian, Ze Hua


Faculty of Law




Arbitration and award

Arbitration and award -- China

Dispute resolution (Law)

Dispute resolution (Law) -- China

Electronic commerce -- Law and legislation

Electronic commerce -- Law and legislation -- China

Consumer protection

Consumer protection -- China



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