Psychology In The Role Of Discretional Evaluation Of Evidence

Essence sense of doctrine of discretional evaluation of evidence is the law not predetermined mechanical rules to indicate or constraint judges, but the judges in specific case, according to logical rules of thumb, and their rational conscience to judge the evidence and ascertain the facts. The essential meaning of judge's trailing is that the judge uses his knowledge of law and life to analyze a case according with the evidences.Through the analyzing on every element of discretional evaluation of evidence process, the author use theory and demonstration analyzing way in the process of researching. The author analyzes the cause of formation of Chinese judges'trailing according with the researching fruit of personality psychology, recognition psychology and social psychology. The author also puts forward much advice to consummate Chinese judges'trailing psychology. The author points out that first of the entire judge in discretional evaluation of evidence process must have the personal psychological quality. Then, the author posts the all sorts of cognitive psychology tendency in the process of judges'trailing. At last, the author also analyzes the various society circumstances'infection on the judges.It is still a new science area to use psychology analytical method research on our discretional evaluation of evidence. To research in this field, the investigator should not only have relatively complete knowledge of psychology and have a deeply understanding on judges'diathesis, judicial system and evidence standard. It is the difficulty of finish such researching. But such researching way is advisable and necessary. From the psychology point of view, the process of discretional evaluation of evidence is the psychology movement process of judges. So this kind of research makes sense both on theory and practice.Of course, this thesis's science fruit is limited. But the way which the author uses the theories of the personality psychology, recognition psychology and to analyze the psychology of Chinese judges'trailing is novel. It provides basic theory frame for the further researching and have definite consulting value.The intention of this thesis is to appeal to the Chinese legislation and judicial departments to attach importance to Chinese judges'trailing psychology, restrain or transform the blight psychology factors on judges'trailing and build a good society and judicial condition for the judges.