Research On The Perfection Of China’s Network Arbitration Procedure

With the development of e-commerce,there are more and more contract disputes on the Internet platform.In order to better deal with such disputes,China international economic and trade arbitration commission,guangzhou arbitration commission,wuhan arbitration commission and other domestic arbitration institutions have introduced online arbitration.The development of network arbitration is of great significance.It can improve the efficiency of dispute resolution and reduce the cost of dispute resolution.However,on June 5,2018,after the supreme people’s court issued the reply of the supreme people’s court on the "pre-arbitration" award of an arbitration institution or the filing and enforcement of a mediation document,many online arbitration awards were ruled not to be implemented by the people’s court due to procedural issues.Thus it can be seen that the procedural problem is an important factor restricting the development of online arbitration in China.In order to improve China’s online arbitration procedures,this paper,through empirical analysis,summarizes and analyzes the problems encountered in the practice of online arbitration procedures,and USES comparative analysis,drawing on foreign experience and Internet judicial practices,combined with China’s arbitration practices,puts forward specific Suggestions on the improvement of online arbitration procedures.In addition to the introduction and conclusion,this paper is divided into four parts:Part Ⅰ: "overview of network arbitration procedures".When the main part of the arbitration procedure USES the Internet technology,it can be identified as the Internet arbitration procedure.The difference between the Internet arbitration procedure and the traditional arbitration procedure is mainly reflected in three aspects: first,the on-line starting procedure;Second,online delivery and delivery procedures;Third,the trial procedures online.The reason why it is necessary to perfect the procedure of network arbitration is that the development of network arbitration is of great significance in our country.At the same time,the study of due process and the preliminary development of Internet arbitration in practice in China respectively provide the theoretical and practical basis for the improvement of Internet arbitration,so the improvement of Internet arbitration in China is feasible.The second part: "our country network arbitration procedure existence question and the reason analysis." Through the investigation of the practice of online arbitration and the analysis of the cases of refusing to implement the online arbitration award,it can be seen that there are two problems in the online arbitration procedure in China.Second,the network arbitration program is not smooth.The reasons for the frequent occurrence of procedural injustices include the lack of special legislation,the over-emphasis on procedural efficiency and the neglect of procedural justice by arbitration organizations,and the weak judicial supervision of online arbitration.The reason why the program is not running smoothly is that the program operation mechanism which is matched with the network arbitration is not perfect.The third part: "the extraterritorial investigation and enlightenment of the network arbitration procedure".Through to the American arbitration association,the world intellectual property organization of arbitration and mediation center and the Canada saab tribunal online arbitration procedure,the investigation and analysis for its good practice,thus providing enlightenment for our country’s online arbitration procedure perfect: should not only attaches importance to the role of the rules,and attention should be paid to the reasonable use of technology,but also pay attention to set up the system of corresponding to online arbitration procedure.The fourth part: "our country network arbitration procedure consummation proposal".Based on the problems in the practice of China’s online arbitration procedure,this paper puts forward some Suggestions that are suitable for China’s arbitration practice through the analysis of causes,the reference of overseas experience and the practice of Internet judicature.In order to curb the injustice of procedure and maintain the fairness of Internet arbitration procedure,it is necessary to promote the special legislation of Internet arbitration procedure and strengthen the judicial supervision of Internet arbitration procedure.In order to ensure the smooth operation of the network arbitration procedure,it is necessary to perfect the procedure operation mechanism matching with the network arbitration procedure.