On Reactive Judicial Deviations In Civil Torts

In the judicial process of civil tort,in addition to judicial cognitive judicial deviations,there are relative judicial deviations in the sense of reaction and behavior.They are rooted in the space where the judicial information is not completely matched,and it is also the motivation and basis for the litigation participant to refuse to accept the judgment and continue to seek judicial relief.After reviewing and criticizing the relevant theories of rational human standards,causality,multi-party infringement and compensation test,combined with the empirical test of the second-instance civil infringement judgment published in a certain province of China,the essence of judicial deviation of civil tort in the sense of reaction and behavior was investigated.It also points out that judicial deviations are not only decision-making deviations in the cognitive sense directed by judges,but also systematic deviations in the entire judicial process——such systematic deviations are reactive deviations.The study found that both reactive judicial deviations and cognitive judicial deviations generally exist objectively in the course of civil judicial practice in China.The emphasis on reactive judicial deviations can enrich people’s perception of judicial deviations from an external perspective and understand.The research on reactive judicial deviations also provides a way to judicial correction to a certain extent: enrich the analysis of jurisprudence in judgments,reasonably allocate the share of information costs and focus on guiding the parties in the negotiation process.The first part provides the necessary explanations on the research status and focus of cognitive judicial deviations,and summarizes the research purposes based on reactive judicial deviations,and expands the research objects of judicial deviations in the sense of reaction to behavior.The second part summarizes the judicial deviation-prone areas from the perspective of law and economics.The third part empirically studies the reactive judicial deviation through the text data in related cases and interprets the linear model.Combining the empirical analysis results of Part III,Part IV puts forward targeted suggestions for judicial correction from the perspectives of information cost sharing,explaining the jurisprudence,mediation.