Use the Smart Court to improve the online dispute resolution mechanism
June 07, 2023 09:21 Source: "Chinese Social Sciences" June 7, 2023 Total 2666 Author: Zheng Weiwei

The formation of the online dispute resolution mechanism is consistent with the development trajectory of the Internet,is a physical place where the parties are located、Most or main processes using new technologies such as Internet information and communication to resolve the solution mechanism,The earliest applicable to e -commerce disputes,Then gradually promoted to network infringement、Intellectual property、Types of civil and commercial disputes such as financial consumption,Become a Digital Age Solving Dispute、Effective ways to prevent disputes。The work goal of the construction of the Smart Court is to achieve a high degree of integration of the work of modern technology and the people's courts,Create a new technology relying on、The full business with the concept of the rule of law、Disclosure of the whole process according to law、Modernize trial system for the people's court with all -round service intelligence。Under this goal,The smart court to improve the online dispute resolution mechanism is the people's court meets the needs of the times、Important measures to respect objective laws,It is the Chineseization path of building a fair and efficient socialist judicial system,It is also a modernization of the people's court's trial system and trial capacity,The meaning of comprehensively building a socialist modern country on the track of the rule of law。

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Digital era to know the world for humans、Reform the world provides new technologies、New thinking,It is integrated with the modernization of the trial system and the ability to modernize the trial ability、Promote each other,Make people's justice present new content and new features。At the same time,The parties build a fairness、Justice、The Bet365 app download demand for the dispute solution mechanism with high efficiency is also increasingly urgent。In the process of improving the online dispute resolution mechanism with the smart court,Close to the blend game and logic conversion of justice and digital justice、The right to punish and autonomous autonomy of the parties' self -autonomous autonomy、The two -way interaction of legal culture and establish and improve the relevant rule of law environment,It is of great significance for the reform of the judicial system in the digital age,It will definitely participate in the governance of global network space、firmly follow the powerful guarantee of the theoretical level of socialist rule of law with Chinese characteristics。

​​First,Near justice can be understood as helping the parties enter the court for litigation,is to achieve more economical、easier、Faster judicial procedures made a variety of efforts for the total name。Generally,Western developed countries have successively promoted three reforms close to justice,Its main purpose is to eliminate obstacles for the low -income class when seeking judicial relief。The core practice led by the court in the early days,Gradually transformed into a more widely approaching way and method of justice,Its results are mainly manifested as the application and promotion of the diversified dispute solution mechanism in judicial practice。and the rapid development of new technologies such as Internet information and communication in the digital age,The number of civil and commercial disputes、Features and scope changes。Based on this objective demand,Online dispute resolution mechanism to intervene in civil disputes is practical。Speech,Online dispute resolution mechanism allows justice to be close to justice that no longer depends on a single physical space and face -to -face environment,Going to the physical、stereo visibility bet365 best casino games of dual space for digital,This has changed the logic and path of the dispute resolution。This,The parties can experience practical fairness and just in the case through the medium of the Internet in the case,to better promote the effective implementation of digital justice。

Second,The principle of meaning autonomy provides an indispensable legitimacy basis for the online dispute resolution mechanism,It should be convenient for the parties to choose a dispute solution that is most suitable for their own interests,This is particularly important for how to build interpersonal trust in the digital age。On the one hand,Copy mediation or reconciliation of online complaints、Online litigation and other dispute solutions make a scientific system design in the connection of applications; on the other hand,,To maximize the meaning of the parties' autonomy,Choose a way to resolve disputes based on your own wishes,Meeting their independent and diverse interests of interests。If the dispute can be resolved from the traditional court to the smart court,Providing online mediation or reconciliation can greatly reduce the number of judges' trials。A large number of cases are processed by a large number of cases or full -time online mediationers instead of the judge,Form a filtering system,It can be fair without a judge's intervention、Efficient、Solve the dispute with low cost。

third,Legal terms and cultural obstacles make us must fully face different countries、Diversity of legal culture in different regions,Establish mutual respect between the parties、Long -term mechanism of mutual trust。For example,The parties often come from different social classes,They judge based on their own experience,What kind of behavior should a rational person in a certain situation,The conclusion that you can also have a large group differences。Online dispute resolution mechanism makes different countries、Legal culture in different regions gradually blends bet365 best casino games in collisions,So,People have more cross -cultural experience,Then in the digital age, a new legal culture may be created。This legal culture is not the same as a single collectivist culture or personalist culture、High -language context culture or low -language context culture,Instead of absorbing and discarding various cultures,Finally, a new legal culture of the digital age shared by most people。

Fourth,Realize fairness and justice of the digital age in a good environment of rule of law。Modern rule of law is the common achievement and wisdom crystal of human civilization,Value consensus is the maximum number of equivalence of various values ​​and value standards,It is a part of the conflict of different values。One of the functions of the rule of law is to find different countries、More value consensus between different regions。Civil and commercial communication requires a good rule of law environment,While promoting its development through the rule of law,Effectively promote the improvement of the online dispute resolution mechanism,Fairness and justice in the digital age is the sign of value consensus。Although different countries、Different regions have their own specific systems and practices,But the difference in practice does not necessarily hinder the value consensus in the field of rule of law。Based on this theory and reality,constantly find more cooperation interests between countries and regions,constantly find more cooperation interests between countries and regions。

Important path to promote the modernization of Chinese -style rule of law 

Current,In the development process of the modernized trial system of the people's court,Use the smart court to improve the online dispute resolution mechanism.、phase characteristics,This is determined by the nature of the mechanism itself,Affected by the laws of its development。In essence,The improvement of the online dispute resolution mechanism with the Smart Court is the result of the development of new technologies such as Internet information bet365 Play online games and communication on the impact of traditional judicial systems and then innovating。The construction of a new mechanism is by no means an overnight,The smart court to improve the online dispute resolution mechanism must be reserved through the deployment of legislation、Guidance of Judicial Resources and Scientific Practice Plan。At the same time,New technologies such as Internet information and communication always maintain the situation of development,The smart court to improve the online dispute resolution mechanism must also be compatible with the development of this era with the technical progress process。Take this as an opportunity,Forming a phased smart court development plan is necessary to ensure that the mechanism is advancing with the times。

First,The people's courts in my country should continue to implement the spirit of the "National Informatization Development Strategic Outline", "The Fourteenth Five -Year Plan", "The Five -Year Development Plan for Information Construction of the People's Court (2021-2025)",Implement "from point and face",Step、Orderly carried out the construction of the Smart Court in an orderly manner,Comprehensively reshape the working mode of the People's Court,Efforts to become a global leader of digital justice。Second,The smart court to improve the online dispute resolution mechanism must implement legal guarantee,Taking into account the mutual coordination and mutual completion of the existing judicial rules。The rule of rules is not only in -depth advancement of judicial reform and the realization of digital justice.,It is also an important way for the people's court to realize the modernization of the trial system and the ability to judge the ability.。By combing and interpretation of existing judicial rules,To further refine the rule of online disputes、Promoting the effective implementation of the online dispute resolution mechanism,Make it more adapting to the requirements of the digital era,Provide rules for deepening the construction of the smart court,At the same time,It also provides a Chinese solution for global network space governance。Last,bet365 best casino games While providing the parties with more diversified dispute solutions and services,We also need to pay attention to the universal characteristics of the dispute、Origin and nature of disputes,A purpose of achieving online disputes。Specifically,Smart Court Collection、Use and re -use the parties' information and data,Form a case paper in the form of electronic form,You can study some problems in a targeted manner,For example, what is the source of dispute,What are the disputes in different scenes,How do parties with different types and preferences perform in the process of dispute resolution,and how do parties with different types and preferences understand judicial procedures, etc.,so that disputes can be resolved or at least prevent the increase in disputes in the early stages。

In short,We are in a digital era,The rise and development of new technologies such as Internet information and communication,The dispute resolution mechanism is expanding in a broader field,and is closely related to every member of the society。Use the Smart Court to improve the online dispute resolution mechanism,allows people to experience fairness and justice in the case of visualization,Efforts to create higher levels of digital justice,It is not only an important measure to realize the modernization of the trial system and the ability to judge,It is also an inevitable choice to respond to the requirements of the national governance system reform,Optimized allocation of improving the quality of the trial,The legitimate rights and interests to protect the legitimate rights and interests of various parties in accordance with the law are important.。This constitutes an important part of the modernization of Chinese -style rule of law,It is also further improved the socialist rule of law system with Chinese characteristics、Internal requirements of building a socialist modern country。

(Author Unit: School of Law of Renmin University of China) 

Editor in charge: Chen Jing
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