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通过对二审法院裁决激励动因的分析,认为二审改判率的下降并非一审判决正确性提高的结果,而是在审判绩效考评的影响下,上下级法院频繁的“案件沟通”及维持率、调解率等量化指标的设定等多种因素合力的结果。审判绩效的考评指标已在直接间接地左右着二审法官的裁判意愿,进而将二审裁判从只关心法律带到兼顾各种关系与利益的泥塘里。二审程序本身的吸收不满、纠正错误的价值目标却在考核考评指标的挤压下渐行渐远。
Through the analysis of motivation of ruling court of second instance, it is concluded that the decrease of the second instance’s ruling rate is not the result of the correctness of ruling of first instance. Under the influence of the trial performance appraisal, however, the frequent “case communication” and maintenance rate of upper and lower court, Mediation rate and other quantitative indicators of the setting and other factors together force results. Judgment indicators of the performance of the trial have directly and indirectly influenced the judgment of the second instance court judge, thereby bringing the second instance trial from the law-only concern to the muddy pond that takes into account the various relationships and interests. Second instance of the procedure of its own dissatisfaction with the absorption, the correct value of the wrong target but in the assessment of evaluation indicators under the lopsided.