Legal technology development in Chinese judiciary system

Yang Lin

Law - Law - University of Hong Kong

Abstract

Proposal Abstract Lin Yang Ph.D. candidate at HKU This paper is based on part of my doctoral research, which examines developments in online dispute resolution mechanisms in China (the mainland PRC) over the past decade, particularly focusing on online litigation. It provides a case study on the Internet Court of Hangzhou, established in 2017 as China’s first internet court. Rather than implementing a policy which allows self-regulation by the e-commerce for the dispute resolution process, the mainland authorities have developed a predominantly top-down approach. This seeks to combine private sector experience with ODR on the one hand and judicial practice on the other to facilitate the settlement of disputes in an innovative manner. The paper provides analysis of how China applies Information Technology in its judicial system, argues that there is a trend towards greater state intervention in Online Dispute Resolution mechanisms in the mainland PRC and that China has applied a ‘co-regulation approach’ toward the governance of the online resolution of disputes. This has implications for the development of exponential digital innovation in the Chinese judicial system.

Keywords

Legal technology, Online Dispute Resolution, China