The Emergence And Prevention Of Judge’s Intuition Deviation In Fact-determination Judgment

Intuitive judgment is a kind of implicit judgment widely used by judges.Judges have their own basic understanding of human society,some psychological factors come into the process of fact is inevitable.With the rise of modern jurisprudence,the focus of research has gradually shifted from the legal rules to the psychological activities of the judge.Intuitive judgment,as a judge’s quick judgment on the facts of objective cases,is higher than the judge’s empirical cognition but does not reach the height of logical rationality.In the process of the judge’s fact determination,no matter the inner consciousness factor or the external reality factor,they all have the important influence to the intuition judgment formation.It is worth noticing that because of the complexity and uncertainty,the determination of the case will reserve space for the introduction.By examining the mental model of the case facts,it is found that there are two kinds of intuitive judgment deviations: one is the enlightening intuitive deviation derived from the heart anchor effect.It means the wrong cognitive way that the judge is inspired by the mind impression when facing the evidence material.The judges can be confused by the preconditions and hypothesis.Another is the association type intuition,triggered by the Gestalt psychology.Due to the emergence of other information,the judge’s heart tends to close and complete,which driven by the shape of the association to use the existing evidence materials to force close to mislead the facts of the reduction.In this paper,the mechanism,phenomenon and reason of the two kinds of errors are verified by the methods of high altitude falling case experiment and illegal evidence availability experiment.Heuristic intuition judgment is presented in the form of a kind of inverse error,which is the type of deviation caused by the change of the judge’s intuition premise.Associative intuition judgment is a kind of hindsight deviation based on judge’s forced evidence chain.There are three main points in the theoretical reflection on the errors: first,from the philosophical way,the judge’s intuitive perception of the relationship between facts and values falls into a theoretical misunderstanding,and he is ignoring the fact has value bias,while neglecting the problem that the value also has a special objective attribute.Secondly,through the investigation and analysis of the judge’s mental health before the experiment,it is not difficult to find that the judge is easy to come out of the fact because of the influence of the judge’s personal characteristics,job stress and job burnout,etc.These all leads tocurrent psychological barriers and decision risk preferences.Thirdly,the model trap of intuition judgment is reviewed in the method.On the one hand,it comes from the lack of substantial rationality of empirical argument in fact recognition,on the other hand,logical reasoning neglects formal rationality in fact construction.The use of any method in isolation will alienate the intuitive consciousness of the judge.In the final analysis,the formation of these two intuitive deviations are due to the extent of the judge’s failure to deal with the facts.In order to correct the two deviations,this paper puts forward a reasonable acceptability,which can be applied in the judge’s intuition judgment.First of all,the result of value re-examination is that the fact as the object presupposes the value,and the value as the method also contains the fact content,the two cannot be biased.Secondly,it is necessary to guide and restrain the judge’s mental health by means of psychotherapy,and to relieve the psychological obstacle caused by judge’s self-adjustment and system-control respectively.Thirdly,it introduces the functionalism "pre-selection and evaluation of evidence → creating the fact construction → selecting the optimal fact version" such as the fact determination method,enlightening intuition judgment to construct the dilemma construction,and eliminating the possible deviation factors through the constraint mechanism.In the process of interaction between judicial decision-making and psychology,the judge intuitive judgment from the perspective of functionalism can update the traditional normative research method and establish a unique research perspective,on the one hand,it can provide corrective insight for the important judicial decision-making activities.