上诉制度中的寻租与偏见

Rent Seeking and Bias in Appeals Systems

Journal of Legal Studies · 2019
被引 6
ABS 3

中文导读

研究上诉制度对诉讼双方投入努力和胜诉概率的影响,发现上诉可能增加总寻租成本并降低案件审理可能性,但效果取决于模型参数。

Abstract

We analyze a litigation contest in which plaintiff and defendant seek to win in trial court, and the losing litigant may appeal. In our setup, the appeals court’s judgment depends on the trial court’s judgment, the merits of the litigants’ arguments, and their efforts in the appeals stage. We find that the possibility of appeal increases the favorite’s probability of winning as compared to that in a single-stage system, as the favorite has greater incentives to exert effort in the first-instance authority than the underdog. Moreover, we show that the possibility of appeal may increase total rent-seeking efforts and make the case less likely to be tried, or that it surprisingly may have the opposite effects, and how the direction of these effects depends on the model’s parameters.

法律经济学微观经济学诉讼制度寻租理论