| In recent years, the miscarriages of justice occurred frequently in our country, a doctor of law in "20 years of miscarriages of justice list" in one article, listed a total of more than 70 in 23 provinces of miscarriages of justice, it is really shocking after looking. Faced with such serious situation, as a legal person, have to ponder. There are many causes of this situation, but the author thinks that the most important reason is the way of thinking of curing the case makes it hard for the judiciary to make the right. So, in order to get rid of shackles of thinking make accurate judgement on people, it is critical to learn to apply critical thinking and constantly reinforce this thinking ability.As an exotic language, critical thinking is still in its initial stage, has not formed a complete theoretical system at present in the research in China. However, this does not affect our critical thinking on research of our country’s judicial practice guidance. The interpretation of the concept, it is "each according to his lights". Critical thinking as a special way of thinking, the public understanding of it may have some misunderstanding, this kind of thinking is not the literal criticism expressed by the narrow sense, it has its own obvious characteristics, such as independence, reflective, logic, etc. It is not only used in people’s daily life, but also widely used in all works of life, especially for the guidance of the judicial practice is of great significance.Critical thinking in the debate in court application is reflected not only in the macro aspect, but also present in the microscopic aspect; both trial can use the way of thinking of the prosecutionparty. Although this kind of thinking is born with the ability of each application is different, which requires the judicial personnel continued weakening influence character by environment in the form of thinking, strengthen the divergent thinking, expand the breadth and depth of thinking, improve the speed and accuracy of thinking, so as to make more reasonable decision, an even greater degree of the realization of social fairness and justice. |
