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Research on the Optimization Measures of China's Civil Disputes Online Resolution Mechanism (ODR) Under the Internet Plus Era Background

Received: 12 September 2020     Accepted: 22 October 2020     Published: 30 October 2020
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Abstract

Under the background of the rapid development of Internet information technology, the life style of the people in our country has changed significantly. Most of the information technology has brought good convenience to people's life and work. However, it is important to note that the number of civil disputes is increasing under the background of the "Internet plus" era. This situation also makes the traditional civil dispute resolution mechanism has been in a very significant state of high load, we must carry out the corresponding optimization in the follow-up time. This article combines the current background, puts forward the online dispute resolution mechanism, expounds the establishment and specific application of Online Dispute Resolution mechanism, and analyzes the problems existing in the Online Dispute Settlement Mechanism of China's civil disputes under the background of "Internet plus" era. On the basis of relevant experience in Anglo American law system and continental law system, the paper also proposes three countermeasures to improve the online resolution mechanism of civil disputes in the Internet plus era from the following aspects: continuously improving relevant laws and regulations, improving the level of public cognition, and innovating technology and platform.

Published in International Journal of Law and Society (Volume 3, Issue 4)
DOI 10.11648/j.ijls.20200304.12
Page(s) 161-167
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2020. Published by Science Publishing Group

Keywords

Internet Plus, Civil Disputes, Online Resolution, Settlement Mechanism

References
[1] Wu Xinjie. How does the ODR Work in China? [J]. humanities magazine, 2017 (01): 37-43.
[2] Lu tarang. Basic theory of civil litigation [M]. University of political and legal press, 2003.
[3] Liu Qingyang, Jin Peng. The construction of online non litigation dispute resolution mechanism in civil and commercial affairs -- Taking the trade between China and Russia as an example [J]. Jianghan forum, 2018 (10): 128-131.
[4] Xu Fang, Liang Jinlin. Discussion on innovation of consumer dispute resolution mechanism of B2C cross border e-commerce [J]. Business economics research, 2018, 760 (21): 129-132.
[5] Li Yan, Zhang Tian, Lu Shanshan. Online shopping disputes and their settlement mechanism in China [J]. Cooperative economy and technology, 2019 (07): 186-187.
[6] He Yuyan. Research on alternative dispute resolution mechanism for recourse to overseas Lost Archives: taking wipo-icom mediation rules as an example [J]. Zhejiang archives, 2019, 454 (02): 24-26.
[7] Zheng Shibao. On the improvement of Online Dispute Resolution Mechanism in China [J]. Journal of Graduate School of Chinese Academy of Social Sciences, 2017 (04): 128-138.
[8] Hu Xiaoxia. The Realistic Dilemma and future way out of China's online dispute resolution mechanism [J]. Law forum, 2017 (03): 97-105.
[9] Zhu Xinyu, Lu Zhengmin. A new way to resolve P2P online loan disputes -- from the perspective of online arbitration [J]. Chinese certified public accountant, 2017 (4): 158-169.
[10] Yuan Chengli. Construction of online non litigation dispute resolution mechanism between China and Russia [J]. Academic exchange, 2018 (12): 190-190.
[11] Ren zhuolan, he pengpeng. A new exploration on the approach of consumer dispute arbitration settlement mechanism [J]. Inner Mongolia Social Sciences, 2015 (15): 78-99.
[12] Han Bo. Urbanization disorder, new citizens and the convenient upgrading of civil dispute resolution mechanism [J]. Journal of China University of political science and law, 2016 (02): 15-30 + 158.
[13] Ni Nan. One belt, one road trade dispute resolution mechanism on line non litigation settlement [J]. humanities journal, 2017 (01): 37-43.
[14] Han Ping, Lang Manman. Problems and Countermeasures of Online Dispute Resolution Mechanism in China, [J]. China market, 2014 (02): 12-18 + 130.
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  • APA Style

    Chunlei Sun. (2020). Research on the Optimization Measures of China's Civil Disputes Online Resolution Mechanism (ODR) Under the Internet Plus Era Background. International Journal of Law and Society, 3(4), 161-167. https://doi.org/10.11648/j.ijls.20200304.12

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    ACS Style

    Chunlei Sun. Research on the Optimization Measures of China's Civil Disputes Online Resolution Mechanism (ODR) Under the Internet Plus Era Background. Int. J. Law Soc. 2020, 3(4), 161-167. doi: 10.11648/j.ijls.20200304.12

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    AMA Style

    Chunlei Sun. Research on the Optimization Measures of China's Civil Disputes Online Resolution Mechanism (ODR) Under the Internet Plus Era Background. Int J Law Soc. 2020;3(4):161-167. doi: 10.11648/j.ijls.20200304.12

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  • @article{10.11648/j.ijls.20200304.12,
      author = {Chunlei Sun},
      title = {Research on the Optimization Measures of China's Civil Disputes Online Resolution Mechanism (ODR) Under the Internet Plus Era Background},
      journal = {International Journal of Law and Society},
      volume = {3},
      number = {4},
      pages = {161-167},
      doi = {10.11648/j.ijls.20200304.12},
      url = {https://doi.org/10.11648/j.ijls.20200304.12},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.12},
      abstract = {Under the background of the rapid development of Internet information technology, the life style of the people in our country has changed significantly. Most of the information technology has brought good convenience to people's life and work. However, it is important to note that the number of civil disputes is increasing under the background of the "Internet plus" era. This situation also makes the traditional civil dispute resolution mechanism has been in a very significant state of high load, we must carry out the corresponding optimization in the follow-up time. This article combines the current background, puts forward the online dispute resolution mechanism, expounds the establishment and specific application of Online Dispute Resolution mechanism, and analyzes the problems existing in the Online Dispute Settlement Mechanism of China's civil disputes under the background of "Internet plus" era. On the basis of relevant experience in Anglo American law system and continental law system, the paper also proposes three countermeasures to improve the online resolution mechanism of civil disputes in the Internet plus era from the following aspects: continuously improving relevant laws and regulations, improving the level of public cognition, and innovating technology and platform.},
     year = {2020}
    }
    

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    Y1  - 2020/10/30
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    JF  - International Journal of Law and Society
    JO  - International Journal of Law and Society
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    AB  - Under the background of the rapid development of Internet information technology, the life style of the people in our country has changed significantly. Most of the information technology has brought good convenience to people's life and work. However, it is important to note that the number of civil disputes is increasing under the background of the "Internet plus" era. This situation also makes the traditional civil dispute resolution mechanism has been in a very significant state of high load, we must carry out the corresponding optimization in the follow-up time. This article combines the current background, puts forward the online dispute resolution mechanism, expounds the establishment and specific application of Online Dispute Resolution mechanism, and analyzes the problems existing in the Online Dispute Settlement Mechanism of China's civil disputes under the background of "Internet plus" era. On the basis of relevant experience in Anglo American law system and continental law system, the paper also proposes three countermeasures to improve the online resolution mechanism of civil disputes in the Internet plus era from the following aspects: continuously improving relevant laws and regulations, improving the level of public cognition, and innovating technology and platform.
    VL  - 3
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Author Information
  • History of Chinese law, Law Institute, Chinese Academy of Social Sciences, Peking, P. R. China

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