The Empirical Study Of The Influence Of Judges' Thinking On Civil Trials

In the process of hearing civil cases,judges need to analyze and identify evidence materials submitted by the parties,determine the legal facts and interpret the provisions of the law,which are all influenced by the thinking of the judges.The thinking of judges,as a kind of human thought,is also susceptible distracted and influenced by various factors.When the judge's thinking is disturbed by improper factors,the result of the civil case may be affected,thus the embarrassing phenomenon of"different judgement of the same case" would be appeared,and even the judgment of the whole case is unfair.Firstly,this article analyzes the theoretical origin,concept,characteristics and pattern of the judge's thinking,aiming at analyzing and explaining the essence of the judge's thinking,which is an important content of the law culture.Secondly,this paper also introduces the nature,characteristics and basic requirements of the civil trial,and analyzes the influence of the judge's thinking on the civil trial from the positive and negative aspects which aims to show the importance of the judge's thinking to the civil trial,and it plays an important role in the unification of the judgment scale and the unification of the applicable standards of the law.Thirdly,by the means of empirical research,this paper,enumerating the real cases,according to the influence of the judge's thinking to the evidence material,the legal facts,the judge's mental impression,the application and interpretation of the legal norms,and the social effect.The process and detail shows that the judge's thinking has an extremely important influence on the whole process of the trial of civil cases,and aims at cultivating and forming a scientific,reasonable and standardized way of thinking of judges.Finally,on the basis of the previous empirical study,the author thinks about how to cultivate and develop the scientific,rational and standardized judges' thinking in civil trial around the unified judgment scale and the unified legal application standard,and combines the new requirements of the new era.This article put forward specific strategies from the construction of the legal facts,the interpretation of the legal provisions,the development of judges' quality.