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Research On The Legal Mechanism Of Online Arbitration In China

Posted on:2021-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:W HuFull Text:PDF
GTID:2416330629480347Subject:Law
Abstract/Summary:PDF Full Text Request
In accordance with the requirements of the Central Committee for Comprehensive Deepening Reform,in order to carry out the Party's 19 th CPC National Congress report,"governing the country according to law in an all-round way is a profound revolution in national governance,we must persist in enforcing the rule of law,promote scientific legislation,strictly enforce the law,administer justice fairly and abide by the law." However,at present,the new and old problems facing the judicial field in our country are becoming more and more prominent,which can not cope with the changes in the Internet era.In order to accelerate the promotion of scientific and technological innovation and promote the integration of the real economy with the Internet,we must vigorously develop diversified dispute resolution mechanisms.Online arbitration is the crystallization of the integration of traditional arbitration mode and network information technology.It is a new online dispute resolution method which conforms to the development of the Internet era and brings us great convenience.It has the natural advantages that traditional arbitration mode does not possess,such as breaking through the limitation of location and space,avoiding the dilemma that parties and arbitrators must gather together face-to-face to resolve conflicts and disputes.But at the same time,the application of online arbitration legal mechanism in practice also faces many difficulties.Overall It can be said that the deep integration of "Internet justice" has become a new feature of the times.The whole paper is divided into five parts,the first part is the introduction of the article,the introduction of the research topic,the significance and purpose of the research,the results of domestic and foreign research,as well as research methods and ideas.The second part,starting from the theoretical basis of constructing the legal mechanism of online arbitration in our country,mainly expounds the background of its emergence and its specific connotation,and analyzes the unique existence value of online arbitration under the diversified dispute settlement mechanism in our country.The third part summarizes our country's The way of exploring the field of online arbitration specifically analyzes the new situation of thedevelopment of online arbitration legal mechanism in China,and proves that the construction of online arbitration legal mechanism is necessary and feasible from the practical point of view.The fourth part mainly expounds the challenges and difficulties faced by China's online arbitration legal mechanism.In the fifth part,some suggestions and concrete operation are put forward to construct and implement the legal mechanism of online arbitration.Finally,the conclusion points out that in the context of the Internet era,online arbitration has become a new type of dispute resolution accepted and approved by all parties involved in international trade,and its development has become irresistible The trend of blocking,our country should proceed from its own national conditions,accept the challenge,take countermeasures,and construct the legal mechanism of online arbitration with Chinese characteristics.
Keywords/Search Tags:online arbitration, arbitration agreement, place of arbitration, arbitration procedure
PDF Full Text Request
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