Research On Judge's Thinking Process And Its Influencing Factors

The judge as a legal occupation in the most representative of the occupation,play a decisive role in the process of judicial adjudication,the final results of the trial the thinking process of direct guiding cases,the outcome of the case and the impartiality in the hearts of the people and that judicial justice or not.Therefore,the connection between the judge's thinking process and judicial justice is one of the necessary conditions of judicial justice.In today's society advocating judicial justice,the thinking process of judges is particularly important.This article is divided into three parts.The first part,the overview of the judge's thinking process,mainly introduces the concept of the judge's thinking process,including several aspects and characteristics.The second part,based on the analysis on the characteristics of the judge thinking process,from the analysis of the influence factors of the judge thinking of the two aspects of internal and external.The internal factors include the legal knowledge of individual judges before,law education depends on the factors to judge accepted the knowledge and the experience of thinking the internal factors include;secondly,the judges law is good or not,good sense of law from years of experience and profound and thorough understanding of the law,to be able to just take over the facts of the case were selected to pick up selected legal facts necessary,and form a preliminary understanding of judgment for the next selection of relevant laws the application of legal reasoning scenarios.Finally,the judges uphold judicial philosophy is to influence the judge thinking process one of the major factors,judicial philosophy is to establish the judicial system judicial subject spirit guide,and guide people to judge the legal representative of the direction of thinking and dimension,the wrong judicial idea will lead to the deviation of judge thinking,case justice and judicial justice just out of reach,the correct concept of justice can not only guide the justice of the case took more help to the development of the cause of ruling by law.The external factors that influence the judge thinking process can be called institutional factors,the lack of institutions lack of judge occupation ethics,makes the judge lost during the trial confusion,so that judicial justice can not be achieved.In 2006 promulgated the "civil law" will judge into the civil servant management system,and thus began the administrative trial judge Road,true to be covered,this work is no longer the sacred and unique responsibilities.The internal power restraint and unreasonable appraisal system of the court also make the judges unable to obtain independent judicial power,and the formation of scientific and reasonable judge thinking mode lacks a good external system environment.The last part of this article puts forward the suggestion of regulating scientific and reasonable judge thinking from the above three aspects.First of all,the judge should set up the correct judicial idea,believe in and loyalty to the law,pursue justice and always be rational;secondly,it should improve the professional ability of judges.This requires efforts from the two aspects of individual and collective,individual judges should keep learning,knowledge of the law and the law is their own way to keep advanced,at the same time,the court should carry out some training for judges,to provide learning opportunities for judges,in addition,judges should also constantly summarize trial experience,Wenguerzhixin,comprehensive to improve their professional qualities,and urged him to form good occupation ethics;the last proposal is from the reform of justice system,cut off part of the link between the judge and the administrative system,through the establishment of a sound system of judges to the judge,promote the formation of occupation ethics,the formation of the external interference factors,scientific and reasonable thinking out not necessary to judge.Through these earnest efforts,the judges will gradually form a scientific and rational thinking process,and believe that in the near future,China's judges team will show a different spirit.