The Research On China's Online Dispute Resolution(ODR)

Online dispute resolution(ODR)is a new dispute resolution mechanism based on Internet technology.At the beginning,ODR combines alternative dispute resolution(ADR)with information and communication technology(ICT)to realize the Online ADR mode of offline dispute resolution and online dispute resolution.With the rapid development and wide application of Internet technology,the contradictions and disputes involving Internet content are increasing day by day.The realistic demand for resolving net-related disputes through Internet technology is also increasing.The advancement of Internet technology has opened the innovation and development of ODR in new fields and new models.China's ODR has broken through the scope traditional Online ADR,realized the innovation of Online trial mode of judicial proceedings,and the construction of digital government services for government agencies.China's ODR has achieved a breakthrough from the unitary Online ADR mode to the dual mode of "judicial ODR and non-judicial ODR",further developed and formed a ternary mode architecture of "civil ODR,judicial ODR and government ODR",and steadily built a cyberspace governance system with "online dispute online solve".During the 20 years when Internet technology took off,the rapid development and wide application of ODR in China overcame the reality factor of relatively late development of Internet in China.Through technical judgment and practical innovation,China's ODR not only built the worldwide pattern innovation of Internet court in the judicial system,but also realized the curve overtaking in the globally level of ODR,which witnessed six important development stages of China's ODR from backward development to leading the world.The first stage: offline ADR to online ADR model changes,the second stage: electric business platform in the ODR implementation platform of autonomy,the third stage: the ODR fledglings smart court construction in China,the fourth stage: building three Internet courts in China in two years,the fifth stage: cyberspace governance system of the ODR linkage mechanism,the sixth stage:the ODR has become the only dispute resolution mechanism during the COVID-19 pandemic.In China's ODR architecture,civil ODR,judicial ODR and government ODR can not only reflect their value of online dispute resolution respectively,but also form a digital governance pattern of multiple co-governance and cooperation in an orderly manner.The civil ODR not only inherits the traditional thought of non-litigation dispute resolution in China's Confucianism,but also integrates the cutting-edge Internet information technology.It fully combines the traditional thought with modern technology and innovates and creates a new mode of Internet dispute resolution with the property of litigation source governance.By integrating the concept of nonlitigation and dispute resolution,the civil ODR can realize the private relief with diversified forms,information exchange and weak antagonism.Civil ODR can alleviate litigation pressure,reduce litigation delay,and optimize judicial resource allocation by advocating pre-litigation diversion mechanism.By playing the role of settling disputes,the civil ODR realizes the construction of the whole society's non-lawsuit welfare.Judicial ODR not only contains the authoritative judgment of judicial proceedings,but also integrates the scientific and technological support of emerging technologies such as big data,artificial intelligence,and block chain.Through detailed judicial ODR whole process synchronous or asynchronous online trial involved disputes litigation form,strengthen the ODR public aid force in the structure of network space management category,effectively realized the short cycle,high efficiency,high degree of satisfaction of judicial ODR trial mode innovation,really driving the ODR patterns in innovation and quality in public aid force effect.It opens a scientific and technological road to digital justice for Chinese Internet users.Government ODR takes serving the people as the core criterion and provides clear cyberspace environment and one-stop government affairs service platform for the people through opening the information construction of digital government.Government ODR created the space distance of the people and government,public opinion can direct government departments by means of online real-time schedule query,let the people's livelihood service can facilitate the people by means of online,truly realized to build more for the people the convenience and benefit the people of digital government affairs service system,and as the voice of the masses provides a brand-new online path.In the context of COVID-19 prevention and control,China's Three-way model of ODR has effectively broken the limitations of the traditional offline dispute resolution mode and given full play to the absolute advantages of Internet information technology.It has not only restarted the practical dilemma of offline dispute resolution,judicial litigation,and government services,which were forced to stop during the COVID-19 outbreak.Moreover,the application scale and quality efficiency of ODR in settling disputes are efficiently demonstrated,and the brand-new path of digital justice is pushed forward by ODR,making ODR truly become the only dispute resolution mechanism during the epidemic.By using PESTEL analysis model,the influence of China's macro environment on the development of ODR is analyzed from the perspectives of Political,Economic,Social,Technological,Environmental,and Legal.From the political perspective,the industrial development policy issued by the country points out the way forward for the development of China's ODR.The construction of digital government realizes digital governance and promotes the innovative practice of China's ODR.From the economic perspective,the simultaneous innovation and development of digital economic mode needs digital rights protection mode.ODR provides more convenient and beneficial service by reducing the cost of rights protection.From the social perspective,ODR can not only effectively resolve conflicts and disputes in the network space,but also provide convenient solutions for offline conflicts and disputes to realize the auxiliary role of diverting litigation pressure.At the same time,increasing the construction of ODR can provide part of employment opportunities for the society,so as to alleviate the employment pressure problem faced by the current social development in China.From the technological perspective,the applicable scale and path trend of China's ODR are analyzed with the help of big data analysis technology,and the electronic data evidence is removed from the false and preserved with the help of blockchain storage technology.The technical shortcomings and the storage system of ODR are optimized and strengthened.From the environmental perspective,the concept of green development runs through the operation mechanism of China's ODR.The paperless office mode actively responds to the "Two Mountains Theory".The livelihood of the ODR with low cost,short cycle and strong quality and efficiency has made great contributions to the national energy saving,carbon reduction and emission reduction.From the legal perspective,China's ODR will realize more scientific standardization and institutionalization construction simultaneously with the promotion of the comprehensive rule of legal construction,and fully display the multi-level governance meaning of the source governance of cyberspace with the multi-dimensional applicable mode of China's ODR.Using ODR to resolve rights conflicts and settle disputes,it not only has the external structure of modern governance system and the ability to effectively resolve disputes,but also contains the connotation of China's "Fengqiao experience" source governance.In the face of a new type of rights conflict,the age of the Internet,and frequent outbursts of new network disputes,the ODR by establishing "online dispute online solve" and "network governance network" logic of dispute resolution,speed up the building in cyberspace "government ODR prevention first,civil ODR optimal choice,judicial ODR final decision" ODR governance system.By strengthening the litigation-source governance function of government ODR and civil ODR,further realize the resolution of net-related disputes in small,early,and online,promote the ODR to become the "Online Fengqiao experience" in the Internet era,and make it become the fresh blood and new force to promote the modernization of national governance system and governance capacity.Indirectly build a cyberspace governance pattern of joint construction,joint governance and sharing,form an Internet governance system of autonomy,rule by law,rule by virtue and wisdom,and cultivate and realize the thinking paradigm shift of giving priority to ODR to resolve conflicts and disputes.Due to the current imperfect regulation in China's network space,the theoretical innovation and practical orientation of China's ODR are endowed with a more profound sense of mission and responsibility.Although China's ODR has achieved the world's leading position in the dispute resolution mode,there are still practical difficulties to be improved in the practical application of ODR in China.The people are still lack of the cognition of the ODR and trust,the results do not have mandatory binding of the civil ODR,lack of government public opinion department the importance and application of the ODR techniques,the legislative system of the national level also lack the ODR,involved in the process of Internet users in the use of the ODR data privacy protection system,and the ODR practitioners conduct system construction,etc.In order to accelerate the improvement of the practice scope and governance quality and efficiency of ODR in China,it is suggested to strengthen the new media publicity and promotion of ODR in China,establish the judicial confirmation system of civil ODR,strengthen the front-end management efficiency and response capacity of public opinion monitoring,confirm its legitimate status through national legislation,improve the privacy protection mechanism of Internet users' data,and standardize the professional ethics and system construction of ODR talent team.By gradually consummates our country the ODR content construction and mechanism construction,speed up the promotion the ODR become the primacy of the Internet era,remedy mechanism steadily pushes forward the ODR become fresh blood in the Chinese Internet governance system,gradually promote the ODR into digital governance in modern laboratories,making it a booster governance system and management ability of modernization.