Abstract
AbstractWhile online dispute resolution (ODR) and online courts have become a global phenomenon, China is unique in its way of constructing a “smart-courts” system. This paper argues that the Chinese smart courts are embedded in China’s larger strategy of capturing new opportunities offered by the information and communications technology (ICT) revolution. Adoption of cutting-edge ICT by courts is not an initiative taken by the courts themselves; rather, it is a call from the party-state with strong policy push. The paper also makes two observations on the nature of smart courts in China. One is that Chinese courts are using ICT, especially artificial intelligence, both to enhance hierarchical control and to improve the formal quality of law. Another is that the “Internet courts” are established to solve disputes arising from online transactions, rather than serve as piloting courts with general implications for the shape of future courts in China. Therefore, while boldly experimenting new technologies (such as blockchains) in the judicial process, Internet courts in China are also charged with the responsibility of developing legal doctrines in cases within their jurisdictions. The case of China thus shows the profound interaction between law and technology. Whether technology is disruptive depends on human design and efforts.
Highlights
In a 1955 science fiction, wittingly entitled “The Cyber and Justice Holmes,” the protagonist Judge Wahlfred Anderson is as old-fashioned as many judges in the real world might be
Professor Neustadt delivered a lecture to the court, saying that his computing capacity had been earned with a huge cost—the cost of humanity: I defeated Cyber IX because I have wasted a man’s life—my own! You all know that as a child I was a mnemonic freak, a prodigy, if you prefer
This article will delineate the policy push behind the smart-court” (智慧法院) project (SCP) in Section 2, discuss how information and communications technology (ICT) enhances hierarchical control in Chinese courts in Section 3, analyze how courts in China take the opportunity brought by digitalization to improve the formal quality of judicial decision-making in Section 4, explain the role of Internet courts in China in Section 5, and conclude with Section 6
Summary
In a 1955 science fiction, wittingly entitled “The Cyber and Justice Holmes,” the protagonist Judge Wahlfred Anderson is as old-fashioned as many judges in the real world might be. Policy-implementing judiciary with a flat online forum of dispute resolution It is both a component in the larger scheme called modernization of state governance (国家治理现 代化) and a business model created by the state to provide new opportunities for the tech companies in China to develop law tech with predictable profits. After this introductory section, this article will delineate the policy push behind the SCP, discuss how ICT enhances hierarchical control in Chinese courts, analyze how courts in China take the opportunity brought by digitalization to improve the formal quality of judicial decision-making, explain the role of Internet courts in China, and conclude with Section 6 This article will delineate the policy push behind the SCP in Section 2, discuss how ICT enhances hierarchical control in Chinese courts in Section 3, analyze how courts in China take the opportunity brought by digitalization to improve the formal quality of judicial decision-making in Section 4, explain the role of Internet courts in China in Section 5, and conclude with Section 6
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