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法庭内和解的决定因素:来自德国初审法院的经验证据

Determinants of in-court settlements: empirical evidence from a German trial court

Journal of Institutional Economics · 2018
被引 10
人大 BABS 3

中文导读

利用德国初审法院860个案件数据,研究哪些制度因素显著影响民事诉讼中的和解决定,发现程序因素和法官个人特征(如性别)对和解概率有重要影响,为提升和解率的法律政策提供参考。

Abstract

Abstract Because verdicts are typically the more costly resolution of legal disputes, most governments are interested in high settlement rates. In this paper, we use a unique dataset of 860 case records from a German trial court to explore which institutional factors have a significant impact on the decision to settle in civil law litigation. We find that procedural aspects and individual characteristics of the involved judge have a significant impact on in-court settlement probability. We also find that judge-specific aspects such as the judge's gender may have an impact on settlement probabilities in certain subfields of law. Based on our empirical results, we derive some conclusions for legal policies that aim at increasing settlement rates.

民事诉讼司法行为法律经济学实证法学研究