法院调解的定量研究——以借款合同纠纷案件为例

What Characteristics of the Case are Suitable for Court Mediation?--An Empirical Analysis of Loan Contract Disputes

一个案件的哪些因素会影响法院处理该纠纷的方式,法院调解还是审判?这需要智慧算法。以借款合同纠纷为例,通过对2019年中国裁判文书网上以借款合同纠纷为案由的183份文书进行分析,发现被告委托专业代理人情况以及借款合同利率与结案方式之间具有显著的负相关关系,经换模型和子样本两种方式检验后,结果依旧稳健。由此,搭建一个调审选择智能辅助系统,来帮助法官判断具体案件调解就成为可能,从而促进司法资源的有效分配。此外,结案方式影响因素的探究,也提供了一个立法论上思考如何完善法院调解原则条款的契机,这显现了使适宜调解原则纳入法院调解总原则的重要性。

The construction of intelligent judicature is not only a beautiful vision but also an arduous challenge.In order to make the healthy development of intelligent judicature,empirical research must be strengthened so as to provide algorithm wisdom.Court mediation and trial are both important judicial resources for dispute resolution,but in practice the relationship between them is not ideal.It is necessary to conduct empirical analysis on the case characteristics of the two ways of settling cases so as to make the choice and use of judicial resources more intelligent.In this regard,this paper takes the loan contract dispute as an example to sort out and analyze 183 documents in 2019 that are based on loan contract dispute on the Chinese judgment documents website.The empirical analysis shows that there is a significant negative correlation between the professional agent entrusted by the defendant and the interest rate of the loan contract and the way of closing the case.The results are still robust after the test of the replacement model and the subsample.In practice,based on the conclusions of this study,courts can set up an intelligent auxiliary system for trial selection to help judges judge the possibility of mediation in specific cases,thus promoting the effective allocation of judicial resources.In addition,the exploration of the influencing factors of the settlement mode also provides an opportunity for the legislative theory to think about how to improve the provisions of the mediation principle of the court,which makes the importance of bringing the principle of appropriate mediation into the general principle of the court mediation more prominent.