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On The Irrational Thinking In The Judge's Judicial Decision

Posted on:2021-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:X BaoFull Text:PDF
GTID:2436330602497716Subject:Law
Abstract/Summary:PDF Full Text Request
The process of judge judicial decision is a process in which rational thinking and irrational thinking are intertwined.The application of rational thinking requires judges to make judgments strictly in accordance with the form of logical reasoning.Non-rational thinking refers to the influence of judges' individual factors and external factors on their hearts,so that instinctual,non-logical analysis and judgment of cases are made.Although the application of irrational thinking can avoid problems such as judicial injustice caused by mechanical trials,it may also lead to conclusion bias.The negative impact of irrational thinking in judicial adjudication can be improved by improving the judge's own knowledge and professional ability,strengthening the cultivation of judges' rational thinking ability,and promoting the positive interaction between rational thinking and irrational thinking.Rational and irrational thinking complement each other and work together to achieve judicial justice.
Keywords/Search Tags:Judicial Adjudication, Rational Thinking, Irrational Thinking
PDF Full Text Request
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