Internet court on solving online consumer contract disputes: Case of China

The COVID-19 pandemic has deeply influenced people’s way of life. The need to comply with various social restrictions has posed new and previously unknown challenges to humanity. Internet here plays a significant role in helping to maintain people’s life as usual. As online behavior increases, many disputes arise therefrom grow simultaneously. It is proposed that international online disputes would be solved effectively if Internet technologies were referred to and adopted. Therefore, online litigation, a judicial method specially established to solve online disputes, provides an ideal alternative to the traditional litigation process in this regard. Such litigation can be operated through Internet courts (or cyber courts). Today the palm in their establishment belongs to China that has successfully introduce the world’s first three, and only, Internet courts. Thus, the Chinese experience has been chosen as the primary empirical support of the study on Internet courts. In this essay, a detailed review of the online litigation process will be analyzed using the example of the adopted rules and regulations for resolving disputes, as well as the judgements handed down by the Hangzhou Internet Court, the world’s first cyber court successfully resolving multiple online disputes over four years. The essay firstly reviews the current rules and procedures of Hangzhou Internet court; this would serve for a better understanding of how the world’s first Internet court is operated. After that, the essay discusses in what circumstances foreign courts can recognize and enforce Internet courts’ judgments. The essay ends up with giving personal recommendations on the future development of Internet courts to solve online consumer contract disputes.

Mediation in administrative proceedings: problems of theory and practice.

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

Consumer protection in financial institutions

The relationship between financial institutions and customers is like two sides of a coin. On one hand, it is mutually beneficial, but on the other hand, this relationship can lead to mutual harm. Customers of financial institutions have a medium for a long-term relationships. Consumers of financial institutions generally have an average relationship of 24 months. Consumers make loan payments according to the agreed time. Customers will be able to get the right to the collateral if the loan has been paid. Conversely, if customers are unable to pay the installments on time, financial institutions will repose the collateral. From the inception of the loan to the repayment of the loan, the relationship between customers and financial institutions experiences several conditions. This research uses a normative judicial method, aiming to analyze consumer protection of non-bank financial institutions based on the existing laws and regulations. This research will focus on consumer protection from the start of the standard agreement, the fees or expenses charged, to the loan repayment mechanism. This research concludes that the protection of consumers of non-bank finance companies, especially finance companies, is still very weak. Consumer protection for finance companies, especially non-banks, has not been fully accommodated in the existing Consumer Protection Law. Therefore, the authority needs to issue a regulation in protecting the consumer in the financial industry.

Protection of the rights of minors within the framework of school mediation services

The present work is devoted to mediation as an additional non-judicial method of alternative dispute resolution, exactly its sub-institute-school mediation, which is one of the components of the mechanism for protecting the rights of minors. The paper provides a definition of the term school mediation, defines its role in the educational organization, analyzes the need and feasibility of the widespread introduction of school mediation services.

Judicial impartiality, decorative comparative law and the Human Rights Court: ECtHR, Alexandru Marian Iancu v. Romania, Application No. 60858/15

This case-note analyses the case of Alexandru Marian Iancu v. Romania, decided by the European Court of Human Rights in February 2020. The comment addresses two essential issues involved. The first issue concerns potential partiality of a judge who has been involved in overlapping proceedings. The second issue concerns the judicial method the Court uses in its reasoning. The note explains the background to the judgment, summarizing the facts leading to the judgment and the human rights issues before the Court. Then the proceedings before the Court and the Court’s decision are reviewed, before commenting on the judgment’s key points of significance for human rights law and use of comparative law as a part of human rights reasoning. The critical focus is on the comparative approach deployed by the Court.

Contextual Review: The Instinctive Impulse and Unstructured Normativism in Judicial Review

© 2020 The Society of Legal Scholars. Contextual review is a judicial method that rejects doctrinal or categorical methods to guide judicial supervision of administrative action. Judges are invited to assess the circumstances of a claim in the round without any doctrinal scaffolding to control the depth of scrutiny; in other words, intervention turns on an instinctive judicial impulse or overall evaluative judgement. This paper identifies and explains the various instances where this method is deployed in judicial review in Anglo-Commonwealth administrative law. The efficacy of this style of review is also evaluated, using rule of law standards to frame the analysis. Its increasing popularity is a worrying turn, in part because its reliance on unstructured normativism undermines the rule of law.

Contextual Review: The Instinctive Impulse and Unstructured Normativism in Judicial Review

© 2020 The Society of Legal Scholars. Contextual review is a judicial method that rejects doctrinal or categorical methods to guide judicial supervision of administrative action. Judges are invited to assess the circumstances of a claim in the round without any doctrinal scaffolding to control the depth of scrutiny; in other words, intervention turns on an instinctive judicial impulse or overall evaluative judgement. This paper identifies and explains the various instances where this method is deployed in judicial review in Anglo-Commonwealth administrative law. The efficacy of this style of review is also evaluated, using rule of law standards to frame the analysis. Its increasing popularity is a worrying turn, in part because its reliance on unstructured normativism undermines the rule of law.

Child Protection Policy for Victims of Sexual Crimes

The study aims to investigate the ideal policy in realizing child protection and identifying the steps taken by the regional government in responding to victims of sexual crimes. The normative judicial method was used to analyse the data collected onsupporting factors and obstacles associated with victims of sexual crimes in Cirebon. The result showed that the government is still stuck in dealing with this occurrence. Therefore, the government needs to identify ways to deal with this problem.

Discourses on Judicial Formalism in Central and Eastern Europe: Symptom of an Inferiority Complex?

Post-communist Central and Eastern European legal cultures in general, and judicial style in particular, are often characterized as formalistic. This article reconstructs two ideological narratives about the formalist heritage of CEE judiciary, variants of which have dominated academic and policy debates about rule of law, judicial reforms and European integration in the last three decades. As the debate becomes linked to deeply rooted and long-term, sometimes traumatic issues of national and political identity, patterns of ideological thinking resurface easily. While it is symptomatic of CEE political cultures that the debate on judicial method has become a battleground for fierce controversies about collective (political) identity, arguably this exemplifies a broader phenomenon. Other weak or peripheral national cultures also face and struggle with issues of collective identity and inferiority complexes which may resurface in professional discourses and seemingly unpolitical domains.

Contextual review: the instinctive impulse and unstructured normativism in judicial review

Contextual review is a judicial method that rejects doctrinal or categorical methods to guide judicial supervision of administrative action. Judges are invited to assess the circumstances of a claim in the round without any doctrinal scaffolding to control the depth of scrutiny; in other words, intervention turns on an instinctive judicial impulse or overall evaluative judgement. This paper identifies and explains the various instances where this method is deployed in judicial review in Anglo-Commonwealth administrative law. The efficacy of this style of review is also evaluated, using rule of law standards to frame the analysis. Its increasing popularity is a worrying turn, in part because its reliance on unstructured normativism undermines the rule of law.