Research On The Phenomenon Of Cognitive Bias In Judicial Referee

Cognition which is the basic concept of psychology means a kind of dynamic process that help cognitive subjects to deal with acquired information and output the problem solution.The referee process of judges is such a kind of cognitive process.Judges achieve referee results as solutions of cases by screening materials of cases and applying accurate laws.But because of the restriction of cognitive ability,cognitive process usually disturbed by variety of factors and lead to incorrect results.Cognitive Bias will appear when judges as cognitive subjects acquire distorted information of cases.Cognitive bias is one of the most important factors of unjust judges.This dissertation carries out a comprehensive study of cognitive bias in judicial referee.Basing on this comprehensive study,this dissertation puts forward concept of restrictive-oriented regulation approach.This approach's target is to control the negative effect of cognitive bias in judicial referee to the minimum by restrictive system and correction system,which will help judges to recognize and control cognitive bias in judicial referee better.As a result,judges can make more just and reasonable referee.This paper consists of five parts:Part One starts from the semantic meaning of cognitive bias,analyzing characters of cognitive bias as a psychological concept and comparing it with cognitive bias in judicial referee to form the concept of cognitive bias in judicialreferee.This part lays the foundation for further analysis of cognitive bias by giving the law meaning concept to three basic components of cognitive concept: cognitive subject,cognitive situation and cognitive object.Definition of concept is necessary to distinguish the difference of cognitive bias in legal sense and cognitive bias in psychological sense,which contributes to analyze cognitive in judicial referee more targeted.Part two analyzes and concludes the causes of cognitive bias in judicial referee.The causes of cognitive bias in judicial referee are interdisciplinary and diverse.There are both psychological causes and the causes of sociology and jurisprudence.These causes often interact to form cognitive bias.This kind of intricate operation of causes determines that cognitive bias in judicial referee can't be eliminated,which lays the foundation to assert restrictive-oriented regulation approach later.Part three divides cognitive biases in judicial referee into different types.This paper generally divides the types of cognitive bias in judicial referee into factual cognitive bias,legal cognitive bias and social cognitive bias,which can explain and analyze the types of cognitive bias that have typicality from different sides.Among the three types,social cognitive bias may appear in any stage of judicial referee and it has most species at the same time.By analyzing the types of cognitive bias in judicial referee,this paper demonstrates the universality of cognitive bias and the interactivity between different cognitive biases.This demonstration can provide an argument for asserting restrictive-oriented regulation approach later.Part four focuses on the stage of cognitive bias consequences and the actual results of cognitive bias in judicial referee.This paper demonstrates that cognitive bias in judicial referee may appear in any stage of judicial referee and make influence on judicial referee.At the same time,the consequences of cognitive bias in judicial referee are often multiplicity that means multiple stages with multiple results,which increases the difficulty of regulating cognitive bias in judicial referee.Any attempt to eliminate cognitive bias in judicial referee is unattainable.Part five designs the regulation approach of cognitive bias in judicial referee and constructs corresponding restrictive system and correction system.This part assertsrestrictive-oriented regulation approach by summarizing the characteristics of the cognitive bias in judicial referee.At the same time,this part constructs “nip in the bud” restrictive system and “remedies” correction system.This paper wants to limit the negative impact of cognitive bias on judicial referee and ensure judicial referee more just and reasonable by constructing multi-level system.