China’s Grand Design of People’s Smart Courts

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.