Diversified Practice And Countermeasures Of China's ODR Under The "Internet +" Era

ODR(English full name Online Dispute Resolution,Chinese translation for online dispute resolution mechanism,hereafter referred to as ODR),it is a new type of dispute resolution mechanism that initially accompanies the Internet to solve Internet e-commerce disputes,and it With the ability to resolve disputes efficiently and cost-effectively through online dispute resolution platforms,it has been rapidly developed.ODR began as an experimental project to resolve online disputes,and was later extended to offline dispute resolution.It is usually regarded as a derivative of traditional ADR on the Internet.However,with the advent of the Internet+ era,human activities have become inextricably linked to the Internet.Concomitantly,people-to-person disputes are also closely related to the Internet in varying degrees.Traditional ODR forms have been difficult to deal with online disputes of various forms because of their own internal constraints and external development difficulties.Therefore,research from the traditional connotations and concepts of the ODR clearly cannot meet actual needs.In response to the profound changes in the type of disputes in the era of Internet+,the author believes that a multi-discipline online dispute resolution system based on the Court's ODR should be established.Actually,China's currently promoted"wisdom court" construction has included the construction of a court-based ODR as the dominant factor.The beneficial exploration of diversified online dispute resolution.This article is intended to be discussed in four parts:The first part is about an overview of the(ODR)online dispute mechanism.The article first addressed the concept of ODR,and considered that the concept of ODR is defined from a broad perspective.The broad concept of ODR is divided into two categories.The first category is out-of-court,ODR,which mainly includes on-line negotiation,online mediation,online arbitration and others.The online ODR program forms,and the other is the court ODR,which mainly includes online litigation and online court-affiliated ODR,such as the court's online mediation.It is followed by an overview of the development background and development stage of the ODR,and believes that the current is in the first in-depth stage of ODR development.Finally,four types of ODR are introduced,and the article will also be centered around the four types of ODR.The second part is about China's current practice of ODR diversification and development dilemma analysis.The article selected five practical examples of China's current ODR,including the e-commerce ODR model with Taobao as an example,the virtual community-based ODR model with Sina Weibo as an example,and the professional ODR platform organization with the example of Zonda.com.The CITAC's online arbitration ODR model,as well as the comparison of China's court ODR under the advancement of the "smart court." Through a comprehensive empirical study on the status quo of China's ODR development,the article analyzes the realistic development dilemma of China's ODR from three aspects.The third part of the article examines the experience of extraterritorial ODR practices.The development of overseas ODR has extremely rich practical experience.Through understanding and learning about overseas ODR related developments,it can provide a useful reference for the development of ODR in China.It includes a very representative US Squaretrade and a UK "Online Court"(HMOC)design concept.The EU's ODR platform and the UNCITRAL's ODR rules.Through the inspection of the extra-territorial ODR,a sound proposal for the development of China's ODR has been formed.The fourth part is to build a blueprint for the design of a diversified online dispute resolution system led by the Court's ODR,and it is also a rational response to China's current diversified ODR development.The last part first analyzes the reasons for constructing a diversified on-line dispute resolution system led by the Court ODR from three perspectives.Then for these reasons and the practical difficulties of China's ODR development,it proposes to build a diversified online disputes led by the Court ODR.Solve the specific response of the system.