Research Of Judge's Thinking

As constructing of the rule of law deeply in China, the judge himself on the role of judicial decisions has been drawn much attention gradually. Judge's thinking determines his attitude in the case directly, in some degreed, can affect the final judgment more than legal norm. In this paper, judge's thinking is analyzed based on the integration of judge. Judge's think is a typical thinking type and is procedural, logic, arbitrary and introspective. This paper also presents these four characteristics can influence the judgment and the fact that judge uses the law consciously or unconsciously in the judgment.The first chapter analyzes the meaning and type of thinking and specifies the correspondent attributes of law thinking. The law thinking mode unifies the judge's thinking, ensures the unification and fixity of legal community and safeguards the uniform application and correct execution of law.The second chapter explains judge's thinking is a typical thinking mode. For judge, his thinking is a working style, basic attainment and surviving style and it differs from procurator's thinking and lawyer's thinking obviously. Judge's thinking is a rational thinking, but there are many factors can influence judge's thinking.The third chapter states judge's thinking frame: procedural thinking. Judge should follow the procedure and criterion, and should place procedure in the first priority. Judge also must conduct within the framework of the law. Procedural thinking can restrict judge's willful action.The fourth chapter describes judge's basic thinking mode—logic thinking. Judge's thinking must be rational and follow the general logic way. Judge's logic thinking has three forms. Judge not only uses one of them but also uses them synthetically.The fifth chapter analyzes the meaning of arbitrary and specifies that judge's arbitrary thinking is used for final judgment. Judge's arbitrary thinking is determined by his role, legal requirement and his responsibility. Judge should make the judgment independent and arbitrarily.The sixth chapter introduces introspective thinking. A responsible judge will review and introspect the case before making the final judgment. This process is a self-introspective process. Judge must argue and demonstrate the case to persuade litigation parties and the public. The whole argument and demonstration is the process of introspective thinking. Legal demonstration is the major way of introspective thinking.