Rational Control Of Cognitive Bias Of Judges’ Judicial Behavior

For a long time,judges,as a kind of social occupational division of labor,their judicial actions are often defined as one-sided and mechanically defined as the interpretation and application of the law.How judges do not create laws has become the common internal logic of justice.However,in today’s rule of law,the interaction between "individual behavior" and "system building" is constantly deepening,and the influence of judges’ subjective factors on the outcome of cases is becoming increasingly apparent.Judges’ psychological cognition activities run through the trial of judicial cases,and their individual behavior’s cognition ability plays a vital role in the trial process of a case and the decision on the application of specific laws.The reconciliation between people and the system is being valued more and more.Judges are no longer the cold image of law porters,but people who must have emotional needs,interest considerations,and initiative.They cannot only apply the law passively.At the same time,the all-round development of the legal profession has also brought about great changes in Chinese and foreign research: in the field of legal theory,the interdisciplinary research of law and psychology has been continuously carried out,while the practice department has begun to pay attention to the dynamic operation of the law,focusing on the study of judges."Individual subjective" factors in judicial actions.Therefore,based on the perspective of cognitive psychology,the article analyzes the judicial behavior of judges,focuses the observation perspective on the psychological factors behind the judge’s personal behavior,and tries to use psychological theories to provide new ways of thinking and scientific research for the research and development of judicial system reform.The perspective also provides a theoretical framework for future empirical research.To a certain extent,the psychological analysis of judges’ behavior is still a relatively new academic field in the legal application of judicial practice in our country.Therefore,the psychological analysis that pays attention to the judicial behavior of judges is to explore the rational restraint of judicial trials from another dimension to promote the judicial cause of our country.As a subjective judicial actor,the judge’s trial of a case is a cognitive process that communicates internally and externally.In the process of judicial decision-making,judges do not have complete subjective freedom,but are affected by factors from various dimensions.These factors are not a messy composition,but follow certain cognitive laws.Through research,it can be known that its external factors include: public opinion,cultural customs,cultural education,and institutional constraints.Its internal factors include:personal experience,emotions,age and gender.This can also be divided into rational factors and irrational factors that affect judges’ judicial decisions.In the face of rational factors that are restricted by the framework and inherently uncontrollable irrational factors,judges’ judicial actions are prone to cognitive biases under the influence of internal and external forces,leading to frequent wrong cases.However,the jurisprudence has not been clear about which factors are jointly affecting the judge’s judgment.Therefore,the article briefly combs the development process of cognitive psychology from the judicial perspective,and conducts a psychological analysis of judges’ behavior.Through qualitative analysis of its individual behavior,it explores the uncontrollable risks brought by cognitive bias.The research paradigm based on cognitive psychology explores the inherent irrational factors that affect judicial decision-making in judges’ behavior,and makes it clear that it is a deep-level expression of cognitive bias in judicial decision-making,and it is also the psychological basis for rational control of it.In the face of judges’ cognitive behaviors in decision-making dilemmas,the intersection of psychology and judges’ decision-making can shape the judge’s judicial detachment through the "analysis-rational" control model,so as to correct the cognitive biases of judges’ behavior.