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Intuition And Its Bias Regulation In The Judicial Process

Posted on:2016-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:C L WangFull Text:PDF
GTID:2296330464950453Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the judicial process,the existing theory argue that judges can thinking in a completely rational methods,to strictly abide by the legal procedures to conclude.However,the development of cognitive psychology,verified mechanism of intuition in the process of solving the problem of value.The judge’s decision process may also participate in logical and intuition.Intuition,comes from all of a sudden insight,and intuitive exist in anyone when they judgment or reasoning,which reflects the wisdom and intuitive feel, but is still occasionally appear inadequate.Benign, reliable intuition logical thinking process is actually reduced version of logical reasoning,However, The over-confidence and information bias could lead to non rational intuition, often a loss of reliability and safety and result in a miscarriage of justice.Through the cultivation of Rational Intuition and regulation the non rational intuition, guidance of the judicial intuitive operation in lawful and effective, the fairness and justice of the orbit.To reveal the historical origin of intuition in the judicial process、The reality of the blank study 、Judicial case and its form,From a psychological point of view, to interpretation of the judicial process, and provides a new perspective on the judicial process, enrich the theory of legal cognition.
Keywords/Search Tags:Intuition, Judicial intuition, Legal Realism, Deviation regulation, The judge thinking
PDF Full Text Request
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