Research On Online Dispute Resolution Mechanism In The Context Of Social Governance

In the report of the 20 th National Congress of the Communist Party of China,it was clearly put forward to "improve the social governance system and improve the social governance system of joint construction,co-governance and sharing",which marked the re-emphasis of the concept of social governance in the government’s governing policy.Social governance is different from previous state management,and it is another innovation of the Chinese government’s governing philosophy.Social governance mainly refers to the dynamic process of multiple social subjects effectively resolving social conflicts and maintaining social order through self-management and self-restraint.As an emerging autonomous dispute resolution mechanism that uses digital technology to resolve disputes worldwide,the online dispute resolution mechanism(ODR)breaks through the "top-down" management mode in traditional state management,forms a flat,distributed and immediate dispute governance mechanism,and contributes its own unique strength to building a social governance pattern of co-construction,co-governance and sharing.The first part of this paper mainly clarifies the current development trend of ODR and the concept of social governance,and discusses the relationship between the two,ODR not only has the function of dispute resolution,but also undertakes social functions such as providing public services,promoting the transformation of social members’ concepts,and stabilizing social order.The second and third parts mainly explain the problems and causes of ODR mechanism in social governance,which are manifested in the lack of legal rules,insufficient cooperation,lack of technical management and other major problems.al rules,insufficient cooperation,lack of technical management and other major problems.The last part,based on the intrinsic convergence of ODR and social governance,clarifies that ODR should be more rule-of-law,cooperative,diversified and intelligent in the process of social governance,promote multi-subject collaborative governance under the wave of comprehensive rule of law,and give play to the social governance function of ODR dispute prevention.Resolving disputes through ODR not only contains the traditional Chinese "Fengqiao Experience" style of Chinese wisdom and governance experience,but also has a modern dispute resolution system and efficient dispute resolution ability,and has become a new blood and powerful force for improving China’s social governance system and building a shared social governance system.