Construction of Online Dispute Resolution Mechanism---Chinese Internet Court Under Comparative Law
Advances in Sciences and Humanities
Volume 5, Issue 1, February 2019, Pages: 10-19
Received: Nov. 23, 2018;
Accepted: Dec. 29, 2018;
Published: Jan. 31, 2019
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Bao Liangrui, Criminal Legal Affairs, Gansu Political Science and Law, Lanzhou, China
Gao Yifei, Law School, Southwest University of Political Science & Law, Chongqing, China
In the information age, the Internet has become an integral part of social life. With the rapid development of e-commerce industry, more and more e-commerce disputes are happening. Whether these problems can be solved quickly will seriously affect the normal operation and healthy development of the Internet industry. Therefore, Internet courts emerge as the times require. This paper puts forward an online dispute resolution mechanism, which has gained valuable experience from the legislation and practice of Internet courts in the United States, Germany and the United Kingdom, and provides a reference for the development of Internet courts in China. Since 2000, China has been trying to resolve disputes through the Internet. It has gone through three stages, what is, recognition and exploration, establishment of pilot projects, expansion of pilot projects and promotion of pilot projects. Although great progress has been made in the construction of network courts in China in terms of legal norms and technical application, there are still many internal problems. In the future, professional person should start with perfecting laws and regulations, upgrading technology and training future talents, so that the network court can become the “test ground” and “demonstration area” of the comprehensive reform of the judicial system and the reform of the network governance mode. professional person need to cultivate new judicial momentum, also use new momentum to promote the new development of intelligent court construction, as professional personll as create new brilliance of judicial cause with new development.
Construction of Online Dispute Resolution Mechanism---Chinese Internet Court Under Comparative Law, Advances in Sciences and Humanities.
Vol. 5, No. 1,
2019, pp. 10-19.
Nicolas W. Vermeys & Karim Benyekhlef, ODR and the Courts, in Online Dispute Resolution: Theory and Practice (edit. By Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey), Eleven International Publishing, 2012, p.298.
Money Claim Online (MCOL) -User Guide for Claimants. Available at: http:∥www. Justice. Gov. uk/downloads/courts/mcol-quickstart-guide. Pdf. Accessed on: March 19, 2014.
Pablo Cortés, Online Dispute Resolution for Consumers in the European Union, Routledge, 2011, p.96.
Nicolas W. Vermeys & Karim Benyekhlef, ODR and the Courts, in Online Dispute Resolution: Theory and Practice (edit. by Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey), Eleven International Publishing, 2012, p.303.
Zhao Xudong, In-depth Analysis of the Meaning of the Dispute Resolution [J], Hebei Law Science, June 2009, pp.149-155.
Office of the judicial reform leading group of the Supreme People’s Court: Extraterritorial ADR-- Institutional Rule Skills/Multiple Dispute Resolution Mechanism Series, China legal Publishing house, 2012.
Reporter: Fujian online video courtroom QQ online trial of transnational divorce cases (January 8, 2017). Tencent, https://news.qq.com/a/20070108/001538.htm. Accessed on: November 10, 2018.
Wang Jian & Ge You, Jilin Model of Electronic Court (February 17, 2016), Democracy and Legal Network, http://www.mzyfz.com/cms/benwangzhuanfang/xinprofessional personnzhongxin/zuixinbaodao/html. Accessed on: November 10, 2018.
Wang Jian, Hangzhou Court Opens a New Model of Online Court (February 17, 2016), Democracy and Legal Network, http://www.mzyfz.com/cms/benwangzhuanfang/xinprofessional personnzhongxin/zuixinbaodao/html/1040/2016-02-17/content-1177882.html. accessed on: November 10, 2018.
Reporter: Hangzhou Court set up E-commerce Online Court (April 19, 2017), Tencent, https://www.sohu.com/a/134892965_693064. Accessed on: November 10, 2018.
Zhou Qiang, Strengthen the Construction of Hangzhou Court of the Internet, Develop a New Model of the Internet-based Justice and Serve for the Strategy of Network-driven Poprofessional personr; China Review of Administration of Justice, May 2017.
Reporter: Xi Jinping: Accelerate the Independent Innovation of Network Information Technology and Spare No Effort to Establish a Network-Driven Poprofessional personr; People’s Network,; October 10, 2016. http://cpc.people.com.cn/n1/2016/1010/c64094-28763907.html. Accessed on: November 15, 2018.
Qiao professional personnxin & Yu Jianhua: Dispute Resolution into a New Era (August 19, 2017), https://www.chinacourt.org/article/detail/2017/08/id/2969731.shtml. Accessed on: November 10, 2018.
Reporters: Internet courts in Beijing and Guangzhou professional personre listed this month, deal with online cases 24/7 (September 8, 2018), central professional personbsite, https://baijiahao.baidu.com/s?Id =1611005264805900105& WFR =spider&for= PC. Accessed on: November 15, 2018.
Yu Zhigang & Li Huaisheng, The Historical Significance, Judicial Responsibility and Time Mission of the Hangzhou Internet Court, Journal of Comparative Law, March 2018, p.104.
Yu Zhigang, The Historical Significance and Times Value of the Internet Court, August 18, 2018, China court network, https://www.chinacourt.org/article/detail/2017/08/id/2969716.shtml. Accessed on: November 15, 2018.
Xiong Qiuhong, Construction of Smart Courts and Promotion of Reform of the Judicial System, Guangming Daily, Version 5, December 7, 2017.
Xi Jinping’s Speech to the First World Internet Conference, record in http: / /news. Xinhuanet. Com /zgjx /2014-11 /19 /c_133800180. Htm. Accessed on: October 17, 2018.
Yu Zhigang, Research on Alienation in Network of Traditional Crimes, China Procurational Press, Edition 2010.
[UK] Victor Meyer- Schonberger, Kenneth Kucker: Age of Big Data, translated by Sheng Yangyan, Zhou Tao, Zhejiang People’s Publishing House, Edition 2013, p.83.