Research Orn The Irrational Mode Of Thinking For The Judge

The irrational way of thinking under the framework of logic is of objectivity in judicial trial and it also has a guiding significance to judicial practice.On the one hand,the judge utilizes logical thinking mind to make rational analysis,reasoning and judgment on the basis of facts and the evidence materials for the cases involved in the case.On the other hand,the judge utilizes the non logical thinking to analyze and judge the major premise and minor premise of the logical judgement for the cases,such as using empirical thinking and intuitive thinking to judge the evidence material or the facts of the case.Therefore,the theoretical and empirical research on the irrational thinking mode of the judges under the logical framework is of great significance in judicial trial.The Introduction part mainly and primarily expounds the way of irrational thinking,and introduces the research status at home and abroad.From the theoretical dimension and practical dimension,it discusses the significance of the article,and introduces the research methods and research priorities and characteristics.The Chapter One makes an approach to the analysis of the irrational way of thinking.In order to better understand and recognize the concept of characteristic for the irrational way of thinking,this paper,from the rational way of thinking,introduces characteristics and functions of the judge with the rational thinking mode.What is more,this paper makes the connotation definition for the irrational way of thinking for the judge,and compares and discusses the irrational way of thinking and related concepts.Furthermore,this paper expounds the mode of action for the judge's rational and irrational way of thinking,so as to help understand and absorb the relevant le'gal system and judicial practice both at home and abroad,and better understand the role and influence of irrational way of thinking on judges.The Chapter Two mainly elaborates the forms,features and its positive impacts for the irrational way of thinking for judges in the process of making judgement.At present,the academic circle has made a certain explanation and exposition of the various components of the irrational way of thinking,but it is not systematic.In order to better understand the embodiment and function of irrational way of thinking in judicial activities,it is of practical significance to discriminate irrational ways of thinking scientifically and rationally.On this basis,the comparison and analogy of irrational thinking and related systems have a guiding significance for better understanding of judges' irrational way of thinking.The Chapter Four focuses on the drawbacks of irrational thinking.It expounds the drawbacks of irrational thinking from the perspective of practice,theory and operation.The irrational way of thinking is not only for the judge,but every member of the community all own it.And the negative effect that the irrational way of thinking is supposed to be focused,which is an important guarantee of realizing the legal dimension of rule of law and a harmonious and stable society.