個人信息跨境監管背景下在線糾紛解決方式的發展困境與出路——以軟法為路徑

The Problem and Solution of Online Dispute Resolution under the Background of Personal Information Protection Cross-order Supervision–Through the Perspective of Soft Law

個人信息跨境監管力度的加強，使得在線糾紛解決方式的私法屬性被撼動並影響其私密性、效率性和全球性，從而陷入困境。該困境本質上來自於在線糾紛解決方式所依靠的個人信息跨境流動與各國信息監管權的對立。當前逆全球化再度來襲，依靠條約等硬法解決該困境希望渺茫。長期的實踐表明，軟法對個人信息跨境監管的協調具有優勢。以聯合國為依托建立自願申請加中立評級的機制，通過軟法引導各國立法與執法或許是化解該困境的出路。

Due to the strengthening of cross-border supervision of personal information, the private law attribute of online dispute resolution has been shaken and its privacy, efficiency and globality have been affected, thus falling into a dilemma. This dilemma essentially comes from the contradiction between the cross-border flow of personal information on which online dispute resolution relies and the right of information supervision in various countries. At present, counter-globalization is coming again, and there is little hope of resolving this dilemma by hard law such as treaties. Long-term practice shows that soft law has advantages in coordinating cross-border supervision of personal information. Building a mechanism of voluntary application and neutral rating on the basis of the United Nations and guiding the legislation and law enforcement of countries through soft law may be the way out to solve this dilemma.