Social Cognition Bias Of Rule Of Law

This article analyzes the social cognitive bias of the rule of law in China by the general psychological mechanism formed by cognitive bias,and finally proposes suggestions for how to strengthen the construction of "people" in the rule of law.The first chapter introduces the definition of the social cognitive bias of the rule of law through the concept of psychology,that is,people have problems in the process of social cognition of rule of law,resulting in people’s direct or indirect experience of the rule of law deviating from facts,standards and due states.It is universal,and the relationship between its elimination and mastering more legal knowledge is not a pure positive linear relationship.In essence,it is a low-level social consciousness lagging behind the development of social existence,which will hinder the construction of a rule of law country.The second chapter classifies the social cognitive bias of rule of law.This paper studies the cognitive bias which is universal,conceptual and common in content.The detailed classification will be carried out by formal rule of law and substantive rule of law.Cognition bias in formal rule of law include cognitive bias in the judicial function(preferential treatment attitude,served attitude,distrust,passive attitude for providing evidence,dependence attitude for making litigation requests,blind trust to litigation),Cognitive bias of the rule of law process(disregard,ignoring),cognitive bias of the attribution of rights(legislative power,enforcement power).Cognition bias in substantial rule of law include the cognitive bias of the all-powerful "rule of law",Instrumentalism,formal justice,and human rights protection.The third chapter analyzes the psychological mechanism of the formation of social cognitive bias of the rule of law.The occurrence of cognitive bias is firstly related to previous experience.Historical and cultural precipitation stereotypes mainly refer to the judge image of “Bao Qingtian”(administrative and judicial integration,initiative of investigation,concept of emphasizing entity rather than procedure,moral judgment,deified image)and the stereotypes formed by "rule of man"(power is greater than law,instrumentalism).The stereotypes of the rule of law influenced by foreign cultures include "the Western moon is relatively round" and the individualist view of human rights.Second,it is related to intuition and empirical reasoning,including reasoning mechanisms that ignore basic ratios,illusion associations,small samples,and negative information.Finally,it is related to people’s subjective motivations and emotions.Motivations include positive illusions,self-service motivations,and "ending goals" motivations,while emotions have disruptive effects and affect people’s expectations.The fourth chapter puts forward the correction mechanism of social cognitive bias of rule of law.On the one hand,we must conduct more scientific propaganda and education on the rule of law.Add correction of bias into the discourse system of the propaganda of the rule of law.Tell the new story of the rule of law through the comparison between ancient and modern times,and establish the image of the “Bao Qingtian” of the modern rule of law.Through the mode of "who enforces law,who corrects the bias",achieve the triple precision in the subject,content and object of law propaganda.On the other hand,as the main body of cognition,the masses of the people should change their way of thinking.Break through the old stereotypes by recognizing stereotypes,deliberately observing inconsistent information,and actively participating in the practice of the rule of law.they must also learn to avoid intuitive traps and think more rationally.