Theory Of The Judge’s Certification

Criminal procedural law don’t stipulate on judge certification specifically，in thereality, when the judge who take the most of responsibility to carry out certificationin accordance with the law and legal values, the interests of justice criteria,the judgeshould choose, judge，decide.Actually，people always do research on this topic Froma legal point of view，but the author think about the problem from the perspective ofcognitive psychology based on Law basis.This essay,with about30000words,falls into four parts.The first part is an over-view of the judge certification status and significance of the research are described,starting from the three aspects of substantive justice procedural fairness and litigationefficiency value,to analyze of the significance of the judge certified. Distinguishbetween awareness and understanding of different concepts, the definition of a clearunderstanding, combined with China’s Law certification status quo analysis of thesignificance of the value of the use of Cognitive Psychology judge certification. Thesecond part is the analysis of the certification process, the first phase is the overallcertification in accordance with the judge certified the first stage is the identificationof evidentiary material, the third part described the second phase is the finds evidenceof force, respectively,combined with knowledge of cognitive psychology specificanalysis. Cognitive psychology and social cognitive psychology realizethat human information processing capacity is limited, precisely because of this,people will take shortcuts to information processing, reduce costs, time and mentaleffort, which is effective, may be because it is a shortcut, but also because of theuncertainties and the limited time situation, leading to error and bias. person’srationality is limited, and only limited attention to the limited knowledge and limitedcomputing power, precisely because of this, easy to subjective considerations intodecision making, and decision making does not have complete and unlimitedrationality. These factors make the procedures and the relevant provisions of the Codeof Criminal Procedure to provide for effective regulation judge certification. In reality,the sentence has already begun the cognitive psychology of scientific exploration. Thelast part discusses that how cognitive psychology and social cognitive psychology toimprove the ability of the judge’s certification, it is different from the generalproceedings of mandatory regulation, but also has the significance of innovation inpractice.