Online Dispute Resolution Mechanism in China: Principle of Proceedings and Impact of Technologies

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 8권 / 1호
ㆍ저자명 : Zhixun Cao

목차

I. Introduction
II. Widely Accepted Online DisputeResolution in China
A. Commercial Arbitration
B. Facilitated Mediation
C. E-commerce Systems
D. People’s Courts
III. Securing the General Principle ofDue Process
A. Pros and Cons of the One-stop Mechanism
B. Internet-based Advance Arbitral Awards?
C. Online Service of Legal Documents
IV. New Technologies for ODR
A. Technologies and Neutrality of the Court
B. Electronic Evidence and Special Legal Regimes
C. Impact of Artificial Intelligence Systems on Civil Proceedings
V. Conclusion
References

영어 초록

In China, all dispute resolution mechanisms have introduced online dispute resolution (ODR) system into their operations. To address this situation, this article suggests the principle of due process should include the limitations of Internet-based dispute resolution attempts and the impact of technologies should be taken seriously. The first part of this paper introduces the development of ODR in China. The second part identifies the major areas in which the due process should be secured. The third part focuses on new technologies and its relationship with ODR and among others, electronic evidence and artificial intelligence are discussed. This article concludes that we first need to consider the rapid development of ODR, while the settled procedural principles regarding due process and neutrality should still be the primary task of civil justice and Alternative Dispute Resolution.

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