Self-regulation in the development of online dispute resolution : the case of China

Abstract

With the growth of the Internet and the associated development of e-commerce in China, a vital dimension of China’s e-commerce and platform economy is online dispute resolution (ODR). This dissertation investigates the practices and evolution of ODR in China by focusing on issues of self-regulation, trust-building, court reform and likely further developments. It is based on both doctrinal analysis and empirical research. The dissertation explores the advantages and disadvantages for both the individual and society more generally of using ODR to manage conflicts over online transactions. In examining critical issues as found in China, the study uses on international overseas experience as comparators. It finds that self-regulation of ODR does provide sufficient basic remedies and access to justice for the aggrieved party and should be the basis for normal practice of dispute resolution among e-commerce industry, while a more pluralist system is more suitable for further development ODR in China. Specific chapters cover such issues of self-regulation in e-commerce industry generally (Chapter 2) and these in China more specifically (Chapter 3). A central part of the analysis is then provided in the following Chapter 4, examining in depth the nature and significance of self-regulatory ODR and its practice, analysing the situation in China. In Chapter 5, consideration is given to the key issue of trust-building, followed by Chapter 6’s examination of China’s new Internet court system, especially the pioneering court at Hangzhou, where ODR is integrated into more formal judicial processes. Chapter 7 complements international effort on ODR and the response to the Covid-19 pandemic. The concluding Chapter (8) draws together the findings of the preceding chapters and shows that the dissertation’s major contributions include analysis of the impact of China’s 2018 E-commerce Law, and in particular, the highly significant shift from approaches based on a policy environment of self-regulation to a more pluralist system. According to findings of this thesis, the latter is better placed to deal with the weaknesses and inconsistencies in the more liberal system of self-regulation that preceded the shift in regulatory policy. The transformation is also an attempt to balance more effectively the various interests held by stakeholders and shows the need for more effective training for participants in the dispute resolution process. In sum, the dissertation provides a detailed examination and observation of the development of ODR in China, contributes to the field of comparative legal studies of dispute resolution, which has recently expanded its interest and investigation to ODR and draws this field’s attention to China’s rapidly developing ODR systems and practices, as well as their regulation.