Econ Papers Daily / 期刊论文
法官社会身份对改判决策的影响：基于法官临时晋升的证据
How judges’ social identity impacts reversal decisions: evidence from the transitory promotion of judges
摘要
Several studies have underscored the significance of familiarity and collegiality in shaping judicial behavior in US federal courts. However, the distinct features of the US judicial system limit the ability to formulate a general theory. This research draws on 84,335 appellate decisions from Taiwanese courts to examine the role of familiarity in a career judge system. In Taiwan, lower court judges are transitorily promoted to appellate courts for 3 years, after which they typically return to their district courts before some of them are permanently promoted. By comparing their reversal patterns during temporary and subsequent permanent promotions to those of permanent appellate judges, we find that transitorily promoted judges reverse less frequently, and judges generally favor district courts where they have previously served. Social identity is likely a key explanatory factor. The size, diversity, and random allocation of cases in our dataset strengthens the generality of judicial behavior theories.
中文摘要
多项研究强调了熟悉度与同僚关系在美国联邦法院司法行为中的重要性。然而，美国司法体系的独特性限制了构建普适性理论的能力。本研究基于台湾法院的84,335份上诉判决，探讨职业法官体系中熟悉度的作用。在台湾，地方法院法官会临时晋升至上诉法院任职三年，之后通常返回原审法院，其中部分法官最终获得永久晋升。通过比较这些法官在临时晋升与后续永久晋升期间与常任上诉法官的改判模式，我们发现：临时晋升法官的改判频率较低，且法官普遍倾向于偏袒其曾任职的地方法院。社会认同可能是关键解释因素。本数据集在规模、多样性及案件随机分配方面的优势，增强了司法行为理论的普适性。