制度环境、诉讼策略与民事上诉率变迁 ――理论模型与初步检验

制度环境；诉讼策略；上诉率变迁模型
The appeal is one of basic institutions in modern civil procedure, and the civil appeal-rate is an important indicator to test the operation effect and the judicial service quality (including both the first trial and the trial on appeal) of the appeal procedure. Based on the transition of judicial policy and the system of politics and law in China, it is necessary to build two model of appeal-rate transition which is mutual independence and interaction, that is the “look behind” model based on the first trail judgment quality and the “look ahead” model based on the anticipated appeal benefits. Supplemented by the dynamic game between the litigant and the appeal judgeand the unique perspective of organization and trial management in China, we can extract the two theoretical hypotheses of the transition of civil appeal-rate. The initial conclusion of the data test is that we should re-examine the right of action protection function of the first trial procedure, and further constructthe mechanism of screening and selection for civil appeals.