禀賦效應、訴訟要價與精神損害賠償──基于地方司法統計數據的認知心理學分析

Endowment Effect, Litigation Charge, and Pain and Suffering Damages: A Cognitive Psychological Analysis Based on Local Judicial Statistics

若要對具有强烈主觀色彩的精神損害賠償進行量化估算，則必須强化對受害人的心理狀態的觀察和分析，研究訴訟要價的心理機制，還原損害的本來面貌，使裁判更接近于真相。本文利用廣東省2011-2014年侵權調解案件統計的面板數據，對爭訟權利類型、訴訟禀賦效應和精神損害賠償的關係進行了實證檢驗。研究發現，人格權的禀賦效應比財産權的禀賦效應更高這一理論假設幷不成立，權利的確定性才是决定訴訟禀賦效應强度的關鍵因素，受害人對精神損害的認知受到複雜情勢的影響，顯示出很强的可塑性。在權利價格共識偏弱的案件中，投機獲益而非公平受償往往是受害人提出賠償請求最重要的激勵機制。未來的司法建設應將更多的資源投入到劃定權利邊界和應對策略性要價。 To give quantitative estimates of largely subjective pain-and-suffering damages, it,s supposed to reinforce observation and analysis on psychology of victims, study the mental mechanism of litigious charge, in order to restore the original state of harm and make judgment closer to the truth. Using a panel data of tort mediation cases of Guangdong Province in 2011 -2014, the article tests the relationship of disputed right type, litiga­tion endowment effect and pain-and-suffering damages. The study reveals the theoretical hypothesis that the endowment effect is stronger in personal right than property right does not establish, and the certainty of right turns out to be the key factor determining litigation endowment effect, meanwhile, the victims’ perception of emotional distress would influenced by complex situations, showing strong variability. In the cases with rela­tively weak price consensus, benefiting from speculation other than fair compensation tends to be the most important incentive of litigious charge. In the future judicial construction, more resources should be devoted to delimitating boundary of private rights and dealing with strategic charge.

To give quantitative estimates of largely subjective pain-and-suffering damages, it,s supposed to reinforce observation and analysis on psychology of victims, study the mental mechanism of litigious charge, in order to restore the original state of harm and make judgment closer to the truth. Using a panel data of tort mediation cases of Guangdong Province in 2011 -2014, the article tests the relationship of disputed right type, litiga­tion endowment effect and pain-and-suffering damages. The study reveals the theoretical hypothesis that the endowment effect is stronger in personal right than property right does not establish, and the certainty of right turns out to be the key factor determining litigation endowment effect, meanwhile, the victims’ perception of emotional distress would influenced by complex situations, showing strong variability. In the cases with rela­tively weak price consensus, benefiting from speculation other than fair compensation tends to be the most important incentive of litigious charge. In the future judicial construction, more resources should be devoted to delimitating boundary of private rights and dealing with strategic charge.