On The Emotions In Judicature

Emotions are a part of intrinsic justice.A large number of questionnaire survey results show that the behavior of thelitigants,lawyers,prosecutors,judges and other subjects in judicial activities cannot avoid the influence of emotional factors.Studying the emotional factors in the judicial process is conducive to promoting the realization of judicial justice,enhancing respect and protection of human rights,promoting the democratization and scientification of litigation procedures,improving the acceptability of judgments,promoting the improvement of the judicial system,and achieving social harmony and stability.The emotions in judicature may be both moral and legal emotions,depending on the specific judicial scene and the subject 's beliefs and understanding of such scenes.The emotions in judicature are different from other emotions.They are attached to the main body of judicial activities and are produced by certain legal regulations,which will promote the main body to take actions that can produce legal effects.Whether the belief that the emotion depends on is justified and reasonable depends on whether it is supported by facts or evidence.Judiciary needs to evaluate the subject's emotions,and justice can also make unbiased judgments on the rationality and legitimacy of emotions.The value of the judiciary is the same as the value that the emotional evaluation relies on.In the judicial process,the emotions that affect the subjects of judicial activities are mainly composed of anger,guilt and sympathy.The beliefs that anger emotions rely on are the fact of recognizing harm and its impropriety.Anger can cause revenge or aggressive behavior,and it can also lead to mass incidents.The assistance of the victim's anger to the investigative agency plays a positive role in making the perpetrators prosecuted and punished as soon as possible.Investigative activities must be conducted reasonably in accordance with statutory procedures,otherwise the anger of the parties involved will be easily aroused.The judge's effective response to the anger of the parties and the public can improve the acceptability and social acceptance of the judgment.Sympathy can help build a good society,help reduce individual aggressive behavior,and increase individual prosocial behavior.Sympathy for others 'suffering and injustice can become a driving force for social progress.Compassion prompts the judge to treat the accused as a citizen with rights and dignity who wants to win respect.Through empathy imagination,the judge strives to feel the emotions and feelings of people in an unfair situation.This is an important way to correctly solve the factual problems in the law.Guilt affects the subject to accept,recognize and maintain the overall social arrangement and legal system,and actively fulfill his obligations and responsibilities.In the investigation,prosecution,trial,and execution procedures,the guilt generated by the judicial staff can prompt them to correct their mistakes in time and remedy the infringement of the right holder.Judicial emotion has the function of promoting the realization of judicial justice.The prerequisite for justice judgment in justice is a sense of justice.The sense of justice plays an important role in the judicial judgment of judges.It can be used as a source of law and as an important method of judgment,enriching the syllogistic reasoning of the judge or the thought process of inclusion.The judge's sense of justice prompts the judge to make a fair judgment.The use of emotions to protect human rights in the judiciary should pay attention to the anger and emotions of the victims and promote the exercise of their right to complain;change the subjective evidence review model of "confessions as the center",and quell the anger of the parties through the due process in the judicial process;protect the suspects The person and the defendant fully exercise their right of defense,put an end to cases of unjust,false and wrong,and enhance the sense of security of ordinary citizens.Judicial emotion has the function of improving the efficiency of litigation.Emotions can improve the efficiency of the parties,and also the efficiency of judicial staff in investigation,prosecution,and trial activities.With limited judicial resources,the rational use of emotions can handle the relationship between efficiency and fairness in the judicial process.Using the sympathy and guilt feelings of the parties can increase the court's mediation rate;using the victim's forgiveness or the offender's guilt can promote consultative justice.Paying attention to the emotions of the parties in judicial activities can improve the parties' cooperation in the judicial process.In the process of judicial adjudication,the role of emotions is not unlimited,but under certain constraints.Legal rules can be used to regulate the emotions of judges.The role of judges 'emotions in the judgment should be restricted by "rationality" and "legitimacy",and attention should be paid to the regulation of the emotions of the parties,the public and other subjects on the judges' emotions.Once public sentiment is established on the basis of false facts,the social pressure formed by its irrational expression will have a negative impact on the independent trial of judges.The expression of public sentiment in the judicial field should be regulated.The realization of judicial civilization needs to pay attention to the behavior of the subject in the judicial field.On the one hand,it pays attention to the mutual influence and interaction of the emotions of judicial staff and ordinary citizens,especially the judicial personnel effectively use emotions to achieve judicial justice and enhance litigation For the purpose of efficiency,on the other hand,the role of emotion in judicial activities should be subject to certain regulations,so that the role of emotion is within reasonable limits.The civilization of justice and the humanization of justice require continuous in-depth exploration of human emotions in judicial activities.The study of emotion in justice can promote the continuous improvement of the judicial system.