Research On Anchoring Effect In Judicial Decision Making

As far as cognitive(scientific)psychology is concerned,judicial decision-making is a cognitive process,and judges make syllogistic deductive reasoning and then make judgments according to their own cognitive judgment of cases.Due to the limited cognitive ability of judges as cognitive subjects,the decision-making process is easily disturbed by external and endogenous cognitive bias.In the study of heuristic and cognitive bias,the anchoring effect is the most representative heuristic deviation under the descriptive paradigm of decision-making research.It means that in the process of judging uncertain situation,people will be impressed by the first information obtained,even irrelevant information,and adjust with this reference point,which leads to the final estimation result biased towards a judgment bias phenomenon of the anchoring information.Cognitive bias is one of the important reasons for unfair administration of justice.According to relevant researches at home and abroad,it is found that there is indeed an anchoring effect in judicial decision-making.Based on scholars’ systematic research on anchoring effects,they are all aimed at a certain type of specific cases,leading to blank research on anchoring effect bias in many judicial cases.Therefore,we plan to select national judicial assistance cases that embody people’s livelihood care as the material background for the study of anchoring effects in judicial decision-making,and use the research paradigm that combines law and cognitive science to cross-study,design empirical models,and use case-based empirical research methods.An empirical analysis of the anchoring effect of the national judicial assistance system in judicial practice.Based on the theoretical premise that there is an anchoring effect in the judgment of national judicial assistance cases,the dependent variable assistance decision ratio,core independent variable assistance application ratio,and the disability level of the infringed person,the commitment to visit,and the decision ratio of the dependent variable are directly extracted and constructed from the litigation information.Non-numerical "anchors" such as court rank and cause of action are other independent variables.The core purpose of empirical research is to explore whether the judicial decisions of judges in national judicial assistance cases will be affected by anchoring effects? Also carry out research on the factors that influence the strength of the anchoring effect of the national judicial assistance system.Put forward the following theoretical hypotheses:Hypothesis 1: There is a positive correlation between the amount of judicial assistance application submitted by the applicant and the amount of assistance determined by the court.The higher the applicant’s assistance request,the higher the amount of judicial assistance decided by the court.Hypothesis 2: The degree of disability of the infringer will trigger the empathy of the judge.The higher the disability level of the infringer,the greater the discretion of the judge’s decision-making and the greater the influence of the anchoring effect.Hypothesis 3: Higher-ranking courts assume more social and political functions,and judges pay more attention to maintaining social stability when making decisions.The court level will become the potential anchoring information in judicial decision-making.The higher the court level,the more easily affected by the anchoring effect.Hypothesis 4: In judicial practice,victims of criminal cases often suffer more personal and mental damage,and judges are more tolerant and tolerant of criminal cases.Therefore,the anchoring effect of criminal cases is stronger than others.case.Based on the case study and analysis,the following conclusions are drawn:First,in the study of national judicial assistance cases,according to the application decision ratio statistics,it is found that the amount of judicial assistance decided by the court has a significant relationship with the judicial assistance application filed by the applicant;and the ratio of the judge’s assistance decision and the applicant assistance application ratio exists Linear relationship,the increase is significantly positively correlated,the higher the amount of judicial assistance an applicant applies for,the easier it is to obtain a high amount of judicial assistance.Second,the research variable that controls the disability level of the infringed person found that there is a significant positive causal relationship between the disability level of the infringed person and the anchoring effect.The higher the disability level,the smaller the personal injury.The greater the arbitrariness,the stronger the anchoring effect.Third,higher-level courts assume more political functions.In judicial aid cases,judges will pay more attention to maintaining social stability when making judicial aid decisions,which is greatly affected by this anchor message.In addition,the Hypothesis4 does not hold.From the empirical results,there is a anchoring effect in the national judicial aid adjudication process,and the final amount of judicial assistance decided by the court is affected by the amount of the application submitted by the applicant,and the independent variable rescue application is the most significant and important than the anchoring effect.Variable disability level will significantly affect the anchoring effect of judicial assistance cases.In order to deconstruct the anchoring effect in judicial decision more thoroughly,the author puts forward the mechanism and deviation correction of anchoring effect,explains and analyzes from the perspective of cognitive psychology and extrajudicial factors,corrects the anchoring effect from the relevant legal norms and mechanism construction of the national judicial assistance system and strengthens the rational thinking of judges’ decision-making,in order to weaken the cognitive deviation in judicial decision-making and ensure judicial justice.