The Study Of The Irrational Factors In The Criminal Cases

The study on irrational factors cannot do without the irrational thinking while rational thinking and non rationalism are inseparable. The irrationalism originally traced back to a large-scale ethos in western countries, which had infiltrated into people's life and work. The development of irrational thoughts had a major influence on the way of human thinking and dealing with problems which largely affected and restricted the cognition. Irrational factors are the main part of this assay which will be elaborated in the extensive connotation and denotation; the logical forms, like emotion, motivation and prejudice; and non-logical forms, like intuition and hallucination. By analyzing specific cases, the generation of irrational factors and the reckless interference on legal practices will be revealed. And by analyzing the well-known cases from China and America, we will find irrational factors have an oriented impact on the misjudged cases.In this paper, we analysis rational thinking and irrational thinking from the historical root so as to lead to irrational factors and define through the mechanism of irrational factors.The paper also introduces the irrational factors in the environment as well as its historical background and the irrational factors in the legal practice. Irrational factors in the legal practice generally have two kinds of forms, one is a kind of positive effect and the other is a kind of negative impact.The most typical is the embodiment in the field of criminal.Positive role in the field of criminal irrational factors can be roughly characterized by using the past experience to find clues and become the breach of the investigation. The negative effect refers to the subjective administer justice in the criminal justice process, mixed the mind-set of personal feelings, emotional judgment and the "myth" someone or a group of judgment, it caused a large number of wrongs. The next to say is which cause analysis of the genesis of wrongs. The subjective administer justice to be reckoned with which is the major form of irrational factors.Through the analysis of the main content of irrational factors to analyze how its evolution in the wrongs besides wrongs with era, political mark,courts and judicial departments in handling ordinary criminal cases in the huge, mostly due to the subjective reasons of the investigators.Combined with the recent hot American netflix documentary Making A Murder. This took 10 years of filming, collect to restore span of 30 years of the documentary which gives me a quite shock.The case make me to reflect on the impact of human subjective factors on one thing. The beginning of things is caused by prejudice and other subjective mood, step by step and evolved into more than 30 years in jail.Of course, irrational factors aren't entirely negative, misleading. Irrational factors also have their positive sides. Investigators intuition comes from the long-term working and will continue down. It can find the breachthrough in the later case. We should realize that how to restrain the influence of irrational factors on the case, and how to overcome the negative influence of irrational factors play a positive role in the investigation procedure, examination and prosecution procedure and trial procedure.Therefore it's more important to pay attention to the irrational factors on the examination and prosecution of criminal investigation and trial, the influence of the irrational factors with positive and reasonable guide the development of the law practice. We should lead investigators, prosecutors, judges to handle criminal cases rationally, to eliminate the irrational factors on the negative impact of law practice, put an end to arbitrary and mind-set. Pay more attention to the irrational factors in the research in the future, to reduce the "rule of man", to improve the "rule of law", reduce the happening of the wrongs. It's significant for the legal system construction of our country.