电子商务ODR争议解决机制研究

现阶段,对于有效解决电子商务纠纷问题,我国传统的争议解决模式已不适用,主要是在法律准备、裁判执行力、行政手段参与及纠纷解决成本方面都存在困境。ODR作为ADR在网络空间的拓展和延伸,可有效弥补传统争议解决机制的不足。需要高度关注的问题是ODR作为一把双刃剑,在具备了比传统争议解决方式更多优点的同时,也暴露出了解决机制缺乏有效性、解决结果执行缺乏保障性、保密和信任机制不完善等诸多问题。我国应以立法方式确定ODR裁决的效力;进一步加快网络信息平台建设,切实加强区域间及国际间合作,从而有效推进我国ODR模式的快速发展,更好的维护网络消费者合法权益。     

Incorporating Fairness into Development of an Integrated Multi-agent Online Dispute Resolution Environment

The paper describes the development of an integrated multi-agent online dispute resolution environment called IMODRE that was designed to assist parties involved in Australian family law disputes achieve legally fairer negotiated outcomes. The system extends our previous work in developing negotiation support systems Family_Winner and AssetDivider. In this environment one agent uses a Bayesian Belief Network expertly modeled with knowledge of the Australian Family Law domain to advise disputants of their Best Alternatives to Negotiated Agreements. Another agent incorporates the percentage split of marital property into an integrative bargaining process and applies heuristics and game theory to equitably distribute marital property assets and facilitate further trade-offs. We use this system to add greater fairness to Family property law negotiations.     

非诉讼农村纠纷解决机制研究

我国农村正处于纠纷频发的多元化时代。以协商、调解、仲裁为主体的非诉讼纠纷解决方式不仅符合农村社会的现实,还能弥补诉讼功能上的不足。为应对多元化的农村社会矛盾和纠纷,必须加强非诉讼解决方式的规范化建设,赋予其权威,建立起有效的衔接机制。     

跨境电子商务知识产权争议解决之国际协调

知识产权争议之管辖专属性已开始动摇。针对跨境电子商务知识产权争议,各国已有一些法律和司法制度的创新,但尚未形成取得普遍共识之冲突法规范。电子商务的特点也促使各国法律和司法制度有所创新和分化。跨境电子商务知识产权争议所面临的问题乃跨境电子商务与知识产权二者的技术性带来,应以技术创新加上制度创新来应对:协调各国实体法,包括统一的知识产权法和对用户友好的司法程序;协调各国冲突法规范,其一要以人而非司法主权为核心,其二要以相对统一的内国管辖原则为基础;建立国际在线司法互助制度,以方便诉讼参与人,甚至建立国际互联网法院或仲裁机构;也可以考虑设置有国界或跨国界的网络司法辖区,与现实司法辖区有一定独立性;还可以升级网络平台自治,依靠区块链、人工智能技术等,形成一个有法律效力但可上诉的网络自动裁决机制。上述各方面的协调,可相互渗透、相互配合,形成代码与法律的共治。所提出的措施,既是应对跨境电子商务知识产权争议所需,也是跨境贸易、电子商务、知识产权各个具体领域本来所需要的改革。     

发展中国家参与WTO争端解决机制的有效性及其对中国的启示

本论文探讨了发展中国家参与WTO争端解决机制的有效性及其对中国的启示.论文认为,WTO成立10年来的实践表明,其争端解决机制是较为公平合理的,可以有效地保护发展中国家的正当利益.今后,中国应该转变观念,积极利用WTO争端解决机制来应对日益频繁的中外贸易摩擦.     

行业协会应对贸易争端的困境及对策分析

行业协会是应对贸易争端的主体,是社会主义市场经济体制中不可或缺的组成部分。随着对外贸易的发展,行业协会在应对贸易争端方面存在的问题日益显现。以浙江省义乌市行业协会为例,分析了行业协会应对贸易争端时的困境及其原因,为加快行业协会建设以破解当前的困境提出针对性的建议。     

Developing Information Systems to Support Flexible Strategy

The literature on strategic applications of information technology(IT) and strategic information systems (SIS) contains a number of "classic" success cases. These systems are successful in terms of one particular strategy framework, but there is evidence that the demands placed upon SIS are changing. Changes in the business environment and in the rate of development of technology have created a requirement for more flexibility in the strategic process. This must be supported by a "new generation" of SIS that integrate with flexible infrastructures to provide long-term effective support for a flexible business strategy. This article looks at the changing nature of the strategic: process and examines a framework that has potential to assist in these aims. A number of techniques are analyzed to assess their capability for identifying strategic applications of IT. Finally, a way of providing a flexible IS/IT infrastructure relevant to the development of a flexible SIS is discussed.     

初创企业增强网络招聘吸引力的对策研究

人才是企业发展的根本,招聘是企业获取人力资源的基本手段,初创时期的企业由于没有市场知名度、薪酬待遇较低和未来发展前景不明等问题,使得企业在招聘时难度加大。网络招聘相较于传统招聘方式有更多的优点,也更适合于当下,成为许多企业招聘方式的首选。但初创企业在进行网络招聘时,常存在由于企业自身的局限和网络招聘广告的不足而导致的招聘问题,使企业难以招聘到合适的优秀人才,因而本文对于提高初创企业网络招聘吸引力具有一定的现实意义,希望能为初创企业网络招聘提供借鉴和参考。     

Leveraging Online Communities to Support the Brand and Develop the Community

While numerous organizations and consumers utilize interactive online marketing activities (e.g., creating discussion forums, having brainstorming sessions, and running surveys) to interact with the brand and fellow brand users, there is little research that addresses how important it is to offer community members activities based on their motivations to participate in the community. This research is an important first step at examining the degree to which marketers need to match marketing activities in online communities with community member motivations to affect brand and community outcomes. Using a longitudinal study of 256 members from 9 marketing research online communities in 3 different industries, this research finds that online communities can be used to positively influence a broad range of brand assessments, brand-supportive behaviors, and community-supportive behaviors. Furthermore, leveraging marketing activities in online communities is more complex than previously thought.     

Online shoppers in Australia: dealing with problems

Although the Internet is a convenient platform to conduct commercial transactions, consumers are disadvantaged in the online marketplace due to insufficient information about goods and services as well as business and transaction process, lack of access to redress and several other problems. The number of complaints regarding online transactions increased in Australia from 2001 to 2005, and the number of Internet‐fraud related complaints reported to Consumer Sentinel (USA ) also increased from 2003 to 2006. This, in turn, has undermined consumer trust and impeded the growth of e‐retailing as well as added to the fear among e‐consumers of falling prey to online fraud. In spite of this, the nature and effectiveness of e‐consumer protection has not been adequately studied, notwithstanding extensive research into other aspects of e‐retailing. This article examines (i) the level of awareness of the respondents in the survey in Australia of the current policy framework for addressing consumer protection about online shopping in terms of redress; and (ii) the behaviour of the two groups of respondents in this survey who have and have not encountered problems with online purchases. The findings suggest that most respondents are not aware of the following issues, namely (i) which organizations are involved in e‐consumer protection; (ii) government regulations and guidelines; (iii) industry codes of conduct; (iv) self‐regulatory approaches adopted by business; and (v) the activities of consumer associations to protect consumers in the online marketplace. The findings also show that most respondents would seek redress if they were unhappy with their online purchases and if they knew how to proceed, and that most of them would settle disputes directly with e‐retailers. Also, online shoppers who had encountered problems were more likely to continue purchasing via the Internet than online shoppers who had not encountered any problems. This suggests that respondents find that the benefits offered by e‐retailing outweigh the risks associated with it.     

社会组织参与医患纠纷化解研究综论

近年来,我国医患关系日趋紧张,医患纠纷事件数量逐年增加,暴力伤医事件也不断升级。以医疗事故争议为由,扰乱医疗机构正常秩序的医闹事件频发,造成严重的社会影响,引起广泛关注。本文将从医患纠纷化解角度,对相关文献进行梳理概括,并对社会组织参与医患纠纷化解进行相关探讨。     

Overindebtedness and Overlegalization: Consumer Bankruptcy as a Field for Alternative Dispute Resolution

In the advisory report to the European Commission (Huls et al., 1994), the conclusion was reached that the optimal European solution for overindebtedness of consumers is a combination of legal change and a strengthening of the work of social debt counsellors. It was argued that the two spheres, the legal and the social, should be linked in order to create a constructive coalition.Europe has learned from the USA how to introduce the concept "discharge of debts" into their legislation (Huls, 1992). The USA may learn from Europe how debt counsellors can play a more vital part in tackling the debt problem of consumers. This paper explores the possibilities for expanding the domain of non-legal actors in this field by looking at legal aid discussions in general, and more specifically at the new Alternative Dispute Resolution (ADR) trend that is developing both in the USA and Europe.In the first section of the paper, the importance of an adequate definition of the problem is stressed. The following section summarizes the model proposed in Huls et al. (1994). It is followed by a plea for professional and independent debt counselling, a prerequisite for dejuridification of the debt problem, and for a coupling of debt problems to legal aid discussions. This leads to the conclusion that a strong case can be made for debt counselling as a form of ADR.     

Consumer Dispute Resolution after The Lisbon Treaty: Collective Actions and Alternative Procedures

Access to justice remains a major challenge in EU consumer law, which has become more pressing with growing cross-border purchases, negatively affecting the common market. Moreover, a recent surge in supranational mass damages cases has highlighted market failures and the need for collective procedures. Under the Lisbon Treaty, new opportunities have arisen to close this civil justice gap. This article analyzes how the wider competences of the EU on access to justice can facilitate consumer redress, by putting special emphasis on the issue of the affordability of litigation, which has been so far underexplored. This work argues that collective procedures, combined with coherent out-of-court mechanisms and funding schemes, are key elements of an effective consumer dispute resolution system. In particular, specific cases and financing models are assessed, which have the potential to foster judicial protection of consumers.     

Leveraging Family‐Based Brand Identity to Enhance Firm Competitiveness and Performance in Family Businesses*

Drawing on the family‐embeddedness perspective on entrepreneurship and the resource‐based‐view of the firm, we investigate how the promotion of family‐based brand identity influences competitive orientation (customer versus product) and firm performance in family businesses. Applying structural equation modeling to survey data collected from leaders of 218 family businesses, we demonstrate that developing a family‐based brand identity positively contributes to firm performance (growth and profitability) indirectly, via a customer‐centric orientation. In contrast, attempts to leverage family‐based brand identity via a product‐centric orientation do not impact firm performance. Our results suggest that family‐based brand identity enhances the family business' ability to persuade customers to make purchasing decisions based on the perceived attributes of the seller. As a result, we contribute to the discussions centered on how to optimize the intricate synergy between family and business.     

Developing Cooperative Teams to Support Individual Performance and Well-Being in a Call Center in China

The theory of cooperation and competition, though developed in the West, may be useful to develop and analyze productive teamwork in China. Three hundred and sixty-eight employees from a call center participated in a cooperative teamwork 1-day workshop followed by daily practice. Results support the hypothesis that cooperative teams strengthen relationships, reduce turnover, and improve productivity of individual team members. During the 2-month period, team members increased the number of phones answered by nearly 40%, reduced customer complaints by over 55%, and lowered the turnover by over 20%, while the control call centers had either minor increases or decreases in these measures. These results support that the theory of cooperation and competition can guide the development of effective teams in China and that cooperative teams can improve the performance of individual employees.     

浅谈我国网上零售的发展障碍与对策

从基础建设、消费者和企业三个角度分析当前我国企业在开展网上零售业务时所遇到的障碍,指出企业要发展网上零售必须树立市场营销观念。针对网上消费者的特征制定适当的市场营销策略,从产品、价格、分销和促销的4P角度制度网上零售企业可以采取的一些营销策略。