Investigation on the Current Situation of China's Internet Arbitration and Suggestions for its Perfection
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In the present moment when the National Information Development strategy is constantly advancing, the state-dominated public resource model has gradually been transformed into a multi-subject model of public resources, social resources, market resources, etc. In the dispute resolution channel, litigation has also evolved into a mutually applicable mechanism of conciliation, mediation, arbitration and so on. In order to meet the diverse needs of the people for dispute resolution, the innovation and development of online arbitration is timely. Internet arbitration focuses on Internet business disputes and integrates the comprehensive use of electronic technology, big data, and cloud computing on the Internet platform to provide parties with convenient and efficient dispute resolution services. As a result, the “quantity” diversion of dispute cases is promoted, and the “quality” improvement of dispute resolution is realized. However, the promotion of Internet arbitration in China is not universal. It faces many obstacles, such as lack of arbitration consciousness, credit concepts and so on. The key to removing obstacles lies in the strong guarantee of law and the optimization of practical operation. Based on this, on the one hand, it is necessary to unify and perfect the overall framework of Internet arbitration through legislation, including perfecting the supporting legal system, establishing the online trust stamp system, and ensuring the service and enforcement of Internet arbitration awards. On the other hand, we need science and technology to help online platform systems and a flexible use of big data to handle case data, while standardizing the industry personnel and enhancing public awareness of arbitration. Only in this way can we effectively guarantee the effectiveness of the Internet arbitration system and promote the information development of the online arbitration institutions and the new dispute resolution mechanism.
Abstract
In the present moment when the National Information Development strategy is constantly advancing, the state-dominated public resource model has gradually been transformed into a multi-subject model of public resources, social resources, market resources, etc. In the dispute resolution channel, litigation has also evolved into a mutually applicable mechanism of conciliation, mediation, arbitration and so on. In order to meet the diverse needs of the people for dispute resolution, the innovation and development of online arbitration is timely. Internet arbitration focuses on Internet business disputes and integrates the comprehensive use of electronic technology, big data, and cloud computing on the Internet platform to provide parties with convenient and efficient dispute resolution services. As a result, the “quantity” diversion of dispute cases is promoted, and the “quality” improvement of dispute resolution is realized. However, the promotion of Internet arbitration in China is not universal. It faces many obstacles, such as lack of arbitration consciousness, credit concepts and so on. The key to removing obstacles lies in the strong guarantee of law and the optimization of practical operation. Based on this, on the one hand, it is necessary to unify and perfect the overall framework of Internet arbitration through legislation, including perfecting the supporting legal system, establishing the online trust stamp system, and ensuring the service and enforcement of Internet arbitration awards. On the other hand, we need science and technology to help online platform systems and a flexible use of big data to handle case data, while standardizing the industry personnel and enhancing public awareness of arbitration. Only in this way can we effectively guarantee the effectiveness of the Internet arbitration system and promote the information development of the online arbitration institutions and the new dispute resolution mechanism.
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