Research On Online Family Dispute Resolution From The Perspective Of "Internet Plus"

Under the background of the "Internet+" era,Chinese local courts have gradually begun to explore the online family dispute resolution.The types of applicable cases,basic contents and relevant rules of online family dispute resolution should be studied and improved.This paper not only integrates the practical experience of local courts on the family dispute resolution,but also draws on the experience of overseas family dispute online resolution,and puts forward countermeasures to improve it.Under the background of "Internet+" era,this paper forms a study on the online family dispute resolution.Specifically,this paper is divided into four parts:In the first part,based on the classification of family disputes,this chapter divides family litigation cases,non-litigation cases and non-litigation cases,summarizes the characteristics of family disputes,and summarizes family disputes.On this basis,the concept and characteristics of online family dispute resolution are defined,and the basic content and case types of online family dispute resolution are discussed,including the basic content of online family dispute mediation,online family dispute litigation and online family dispute auxiliary.The case types applicable to the above are based on the classification of family dispute cases.Finally,based on the analysis of its relationship with the traditional family dispute resolution and its unique advantages,the feasibility and necessity of online family dispute resolution are analyzed.The second part,this chapter discusses the development status of family dispute online resolution under the background of "Internet+" era.Based on the basic content of online family dispute resolution,this paper introduces the current status of online family dispute mediation,online family dispute litigation and online family dispute auxiliary.The application rate of online family trial was analyzed by empirical analysis method.Then,from the perspective of legislative dilemma,this paper discusses the lack of legislative regulation of family dispute resolution,which leads to the development of online family dispute resolution in practice without unified norms.Based on the practice of various courts,the paper analyzes the practical difficulties of online family dispute resolution in its operation.In the third part,this chapter mainly studies the online family dispute resolution of foreign countries,and learns from the construction of available systems and platforms.The UK has carried out the reform of family justice,built online family courts,carried out the digital reform of divorce,and some family courts have completed the construction of online litigation.The UK has introduced an online court appearance system for vulnerable people,building on the online resolution of family disputes.Australia has developed an advanced online family dispute resolution.While paying attention to the interests of minors,a website for minors to obtain litigation information is built to protect their right to know and respect their opinions.The online family dispute resolution in France is in the preliminary stage of development,but sporadic online family dispute mediation platforms have also been established.Based on this,our country can make reference to the advanced system of England and the construction of the platform of family dispute resolution in Australia,and improve the construction of the system and the platform of family dispute resolution.In the fourth part,this chapter mainly combines the practice of method courts in various parts of our country and on the basis of referring to the system and platform construction of foreign countries,proposes the standard model and the basic system that should be followed by the online family dispute resolution.In view of the practical difficulties existing in Chapter 2,this paper proposes the pre-mediation and compulsory mediation of online family dispute mediation,and the application of authority exploration in online family dispute litigation,and improves the online court appearance system of vulnerable groups,and puts forward suggestions on the connection between online family dispute resolution and traditional offline resolution.