Digital Justice for Consumers:

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Presentation transcript:

Digital Justice for Consumers: China ODR Ying Yu University of Oxford Digital Justice for Consumers 7 November, 2017 Wolfson College, Oxford

CDR Consumer Dispute Resolution Tailored for B2C disputes criteria of effective consumer redress body fair accessible rapid low-cost (no-cost) enforceable result

Consumer Protection Law, 2014 Article 39 In case of disputes with business operators over consumer rights and interests, consumers may settle the disputes through the following approaches:  (1) to consult and conciliate with business operators; (2) to request to consumer associations (or other ADR body) for mediation; (3) to appeal to relevant administrative departments; (4) to apply to arbitral organs for arbitration according to the arbitral agreements with business operators;   (5) to institute legal proceedings in the people’s court.

Consumer Association CCA

other ADR body Private sector: offered by platforms Payment ODR: http://unctad.org/meetings/en/Presentation/cicplp2016c08_ccYingYu_en.pdf

Hangzhou Internet Court Jurisdiction (1)contract disputes arising from Internet shopping, online services, small finance loans,etc. ; (2)disputes arising from internet copyright ownership, infringement; (3)disputes arising from the use of internet to infringe other person's personality rights; (4)product liability disputes arising from internet shopping; (5)internet domain name disputes; (6)administrative disputes caused by internet administration. The higher-level court may authorize Hangzhou Internet Court to have the jurisdiction over other civil and administrative cases involving internet.

Thank you. OBOR Programme, University of Oxford https://www.law.ox.ac.uk/one-belt-one-road