On Improvement Of Online Dispute Resolution In China

The Online Dispute Resolution(ODR)was born in the 1990s,it's a new dispute resolution method that utilizes Internet technology to help people solve disputes efficiently and conveniently.However,ever since its birth,scholars in different periods hold different interpretations of it,and different countries and governments have different understandings and applications of it.By analyzing the origin and concept of ODR,the common types and disputes of ODR,this paper examines the existing ODR situation in China from the perspective of advantages and disadvantages of ODR,and finds that there are still many aspects to improve the Online Dispute Resolution in China.ODR originates from Alternative Dispute Resolution(ADR),but it does not belong to ADR completely and cannot be defined by the scope of ADR.When Chinese scholars translate and use the ODR(Online Dispute Resolution)concept,there are some loose points,it should be translated as"Disputes Settlement Online".The most common types of ODR are"Online Negotiation","Online Mediation","Online Arbitration"and"Online Litigation",among which the most controversial is whether to include”Online Litigation".This paper believes that the ODR should include"Online Litigation".The ODR is a new dispute resolution mechanism that is independent from the parties and its main procedures for dispute resolution are carried out on the Internet,the type of ODR can differ according to the country's national conditions.The ODR itself has many advantages,such as it can improve the enthusiasm of the parties to safeguard their rights,improve the efficiency of dispute resolution,reduce antagonism,and solve the problems of applicable laws.But at the same time,the ODR itself also has some shortcomings,such as the difficulty of proof,the validity of the jurisdictional format clause challenged,the difficulty of enforcement,the limitation of Internet transmission speed and network security technology,and the limitations of case type.For the ODR construction in China now,in addition to the above deficiencies,there are also problems such as vague legal status,lack of unified rules,incomplete establishment of professionalism and authority,lack of cooperation with foreign institutions and insufficient influence.In view of the inherent defects of the ODR,and problems in the construction of our country at present,the author analyzes the overseas mature ODR practices,comments on the practices of international organizations and the recent practices of three representative countries,and puts forward his own thoughts and suggestions on improving China's online dispute resolution through the enlightenment of overseas practices.These include the establishment of special procedural rules,the inclusion of the ODR into international conventions and judicial assistance,the enhancement of infrastructure,the enhancement of professionalism and authority,the definition of legal status,the establishment of cross-border ODR platforms and the establishment of ODR courts.