An Analysis Of Judicial Notice In Civil Procedural Litigation With Cognitive Psychological

Judicial Notice, a fact that so remarkable that without proof, as an acient Rome saying goes. As for the Rules of Civil Procedure Evidence following the principal of Probability Standard of Evidence,especially in the civil proceedings, Judicial Notice came from all the parts of the mind, eventhough the judge do not know the real origin of such multiple points of view. Through logical deduction, story line was built with the facts of the cases, then the legal reasoning happened. With the dualism research methods, Judicial Notice in legal reasoning is divided into two dimension,subject and object situation, with the consideration of the demonstrate convenience. While establishing the framework of the essay, we do not intended to ignore the fact that judges get involved in the construction contingency of the evidence procedure. Existentialism, by Heidegger, combines with the results of the Cognitive Psychology testified the effects of the implicit cognition, inspiration and insight, which also disclosed the creativity of judges. As China's Taiwan scholars Mr.Li said that the so-called Judicial Notice is that the court should apply for it to be some kind of law or finding, the parties claim to be free, but also to the discretion; not to be testified by the parties. This article is divided into five parts. The following describes the judicial cognition psychological analysis of the meaning and value, as well as the purpose and difficulties during the writing process.The first part describes the situation of the Civil Judicial Notice,which will be discussed in two dimensions : one is for the characteristics of Judicial Notice in Civil Procedure, to admit the unclearness of the conception. And through the debating of empiricism and rationalism of history through cognitive activity is obtained judicial experience and rational conclusions intertwined. The second is based on the original analysis, namelythe theory of cognitive memory in psychology and spiritual ways of Judicial Notice of the analysis results of the operation, the dynamic model structure.The second part demonstrates the research for the purpose ofJudicial Notice in Civil Procedure, by comparison with the semantics of the object, deducing the significance of the Sense of Justice. With the method of cognitive psychology, sense of justice will be classified. Through investigation by questionnaires, deconstruction the elements that affects the partys' fair sense. So that the direction of the operation of Judicial Notice will be indicated.The third part is anincomplete induction of the types of Civil Procedure, from the conclusion of all above, the conclusion of Judicial Notice of departure, summarizes the type of Judicial Notice, and comparative law perspective on Civil ProcedureJudicial Notice in consideration with the analysis and comments of the legislation of United States, Germany, and Japan, to figure out the weakness and make a difference.The fourth part analyzesthe Civil ProcedureJudicial Notice referee reasoning, while the parties do not need to prove, but in the circumstance of the subject will spread justice, Judicial Notice of the fact that the judge should be the judge of instruments in a reasonable manner, and the judicial reasoning shall give certain recommendations about the facts.The fifth part is the of this inter-disciplinary study, firstly reaffirmed my respect for the fact that Judicial Noticehaving the "glue" feature to blocking up the different disciplines, facts and the law.Secondly based on the psychology stereotype,discussingthe rationality of the Case-guiding Classification system. Finally, sublimation happened at the bottom of the essay, that the trial judge need to be encouraged to apply the wisdom of Judicial Notice.