“第三方裁判被收买”对司法公正的影响

An Analysis of the Influence Posed by Judicial Injustice through the Experiment of “Bribed Third-Party Judge”

"司法是公平正义的最后一道防线",其作为第三方裁判能够依照公平正义解决纠纷,从而保障和提升社会合作。西方学术界近年来引入实验研究的新范式和视角,初步证明第三方裁判能够惩罚不公平的自利者,提升合作和分配公平。但是,此类实验忽略双方当事人都可能有动力去收买裁判者,也轻视司法裁判者的自利倾向。基于社会与司法的现实,我们设计了行为实验以研究不公正的司法裁判,研究假设司法能够被收买乃至于主动索贿,考察其在此类情况下对合作和道德的影响,以及民众对司法公信力的态度。研究发现收买会引发行为道德性与合作下降,并导致司法公信力下降;但同时也发现了部分人的利他行为,以及多数人的两面性。

＂As the last line of defense,, judiciary can resolve disputes according to the norm of fairness and justice and then improve social cooperation, guarantee and even promote moral level. Based on experiments and researches of recent years, Western academia has initially proved that as third- party judge, judiciary can punish those unfairly self-interested individuals, and enhance the fairness in cooperation and distribution. However, such experiments ignore that judicial judge has selfish tendency as well. He can be bribed and even is inclined to do so if there is no restriction or supervision. This betrays the nature of fairness and justice. Therefore, we design a behavioral experiment to carry research on unfairly judicial judge by assuming that he can be bribed and even demands bribe initiatively. The aim is to examine his influence on cooperation and morality in such situation and research on judicial credibility. Through the analysis of experimental data, we found that bribe would decline the social cooperation,moral level and judicial credibility. At the same time, it discovered the altruistic behavior of some people, and the dual character of most people.