Dilemmas and Solution of dispute resolution under the digital economy —from the perspective of litigation source governance

Abstract

Due to the reform of the registration system, the change of the economic operation mode and the slowdown of China’s economic growth in recent years, especially under the role of common factors such as the epidemic, the number of disputes in China has continued to increase, and the status quo of “litigation explosion” has appeared. In this context, the dispute resolution method of “source of action governance” is proposed to alleviate the dilemma of “fewer cases” of judicial organs. This paper firstly points out that the direct purpose of “source of action governance” is to alleviate the dilemma of “fewer cases”, while the deeper purpose is to enable more disputes to be dealt with fairly through due procedures and reduce social contradictions. Raise the dispute resolution thinking to the level of social governance. The main “source of litigation governance” mode of judicial organs is “pre-litigation mediation”. However, at present, some courts have implemented compulsory and universal “pre-litigation mediation” mode, which is suspected of damaging the procedural rights of the parties. In addition, the nature of mediation itself makes “source of litigation governance” more difficult. In the context of digital economy, in view of the characteristics of disputes, this paper believes that “source of action governance” has achieved its direct purpose, but whether it has achieved its fundamental purpose is doubtful, and specific cases need to be analysed. In addition, the digital transformation of “litigation source governance” is in the stage of exploration and practice, this paper puts forward the following suggestions for the improvement of “litigation source governance” in the resolution of disputes in the digital economy: (1) Confirm the effectiveness of compulsory “pre-litigation mediation” in digital cases within a specific scope; (2) Provide more space and financial support for the practice of judicial organs; (3) The judicial authorities should pay more attention to the data collection and algorithm review behind mediation.