原告诉求金额影响法院判决金额吗——基于著作权一审判决书的实证分析

Does Plaintiff's Claim Amount Affect the Court's Judgment Amount:An Empirical Analysis of the First Instance Verdicts on Copyright Lawsuit

根据2015年法院关于著作权一审判决书的相关数据,实证分析原告诉求金额与法院判决金额之间的关系。研究结果表明:原告诉求金额与法院判决金额之间呈倒U型关系,前者对后者的影响随着人均收入水平和著作权保护强度的增加而递减,且东部地区的影响程度小于西部地区;此外,诉讼当事人主体特征也会影响法院判决金额的大小。为了更好地保护著作权人的合法权益,原告应搜集真实有效的、具有竞争力的证据信息,并将其诉求金额控制在一定范围内,以增强其谈判实力。

Based on the relevant data from the court＇s first instance verdicts on ＂copyright＂lawsuit in2015,the paper made empirical analyses of the relationship between the claim amount by the plaintiff and the amount by the court. The results indicate that there is an inverted U-shaped relationship between the claim amount by plaintiff and the amount judged by the court; the effect of the former on the latter decreases with the increase in per-capita income level and copyright protection,and the degree of the effect in the eastern region is less than that in the western region. In addition,the characteristics of litigants also affect the amount judged by the court. Finally,in order to better protect the legitimate rights and interests of copyright owners,it is argued that plaintiffs should collect real,effective and competitive evidences,control the claim amount within a certain range to enhance their negotiation power.