Sympathy And Judges' Free Heart

By analyzing the connotation of sympathy,this paper attempts to find the relationship between sympathy and the judge's free heart,and analyzes the promotion and adverse effects of sympathy on the justice of justice.In order to explore how the emotional element of sympathy affects the outcome of the righteousness of justice in the process of the judge's free heart.The first part of the article is an introduction.Taking the Yuhuan case as an opportunity,it leads to the discussion about the relationship between sympathy and law,and points out the research motivation of this article.It also summarizes relevant researches at home and abroad.There are few literature on domestic sympathy and legal relations.They only summarize the two concepts of sympathy and free proof,summarizing domestic research on sympathy and free proof.Most of the sympathetic research is based on Adam Smith's theory of sympathy.The free proof counts the characteristics of foreign bourgeois revolution from the 17 th and 18 th centuries to the present development and The development of China's free proof.The innovation of the article is to try to analyze the relationship between sympathy and free proof and its impact.The downside is that it has not analyzed how to avoid the adverse effects of sympathy on free proofThe second part of the article introduces the concept of compassion and free heart.Different scholars have different views on sympathy.Adam Smith believes that sympathy is the compassionate emotion that people face when they face the pain or misfortune of others.It is a kind of human nature.The article further analyzes the structure of sympathy,that is,the appropriateness of behavior and the impartial spectator.The free heart certificate refers to the activity of the judge to freely judge the evidence and determine the facts of the case based on his own conscience and the logic and empirical rules formed in the judicial work.In the part of the free heart certificate,the theoretical basis of the free heart test is rational,and the characteristics of the free testimony for evidence judgment are briefly explained.The third part of the article discusses the relationship between compassion and the psychological character of the judge.Sympathy has the characteristics ofrationality and irrationality.Freedom of mind is also based on rationality.Sympathy promotes the support of justice.Compassion contains the meaning of conscience,and conscience is the basic condition for the judge's free heart.The process of sympathy also coincides with the process of the judge's free testimony.The similarity between sympathy and the psychological character of the judge makes sympathy have the effect of promoting the justice of the judge.The fourth part of the article analyzes the impact of sympathy on the realization of justice.The characteristics of sympathetic emotions that are difficult to control,subjective,etc.may have a negative impact on the realization of the falsification of justice,which leads to partiality in legal judgment and easy understanding of facts.The sympathetic rationality,conscience,and the coincidence with the process of the cardiology have the work of promoting the righteousness of justice.The positive impact of sympathy on the realization of the righteousness of justice is to promote the conclusion that the evidence is closer to natural humanity,more cautious and rational,and safeguard the interests of the weak to promote social justice.