{"title":"对抗性劝说与交叉询问","authors":"Claude Fluet, Thomas Lanziyz","doi":"10.2139/ssrn.3211337","DOIUrl":null,"url":null,"abstract":"Two parties with opposed interests invest in acquiring evidence which they may only partially disclose. The decision maker then adjudicates. This set-up is compared with one permitting cross-examination of the other party's report. Now the decision maker can better assess whether a report was deceitful through withholding of evidence. Nevertheless, decision-making need not be improved. The parties invest less in gathering evidence because they are less able to success fully manipulate information and because cross-examination is a substitute in potentially counte-ring the other party. From the decision maker’s standpoint, there is too much cross-examination at the expense of too little direct evidence.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Adversarial Persuasion with Cross-Examination\",\"authors\":\"Claude Fluet, Thomas Lanziyz\",\"doi\":\"10.2139/ssrn.3211337\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Two parties with opposed interests invest in acquiring evidence which they may only partially disclose. The decision maker then adjudicates. This set-up is compared with one permitting cross-examination of the other party's report. Now the decision maker can better assess whether a report was deceitful through withholding of evidence. Nevertheless, decision-making need not be improved. The parties invest less in gathering evidence because they are less able to success fully manipulate information and because cross-examination is a substitute in potentially counte-ring the other party. From the decision maker’s standpoint, there is too much cross-examination at the expense of too little direct evidence.\",\"PeriodicalId\":344388,\"journal\":{\"name\":\"Law & Society: Civil Procedure eJournal\",\"volume\":\"55 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-07-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law & Society: Civil Procedure eJournal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.3211337\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Society: Civil Procedure eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3211337","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Two parties with opposed interests invest in acquiring evidence which they may only partially disclose. The decision maker then adjudicates. This set-up is compared with one permitting cross-examination of the other party's report. Now the decision maker can better assess whether a report was deceitful through withholding of evidence. Nevertheless, decision-making need not be improved. The parties invest less in gathering evidence because they are less able to success fully manipulate information and because cross-examination is a substitute in potentially counte-ring the other party. From the decision maker’s standpoint, there is too much cross-examination at the expense of too little direct evidence.