The Intuitive Deviation Of Judges In The Determination Of Facts In Criminal Cases And Its Prevention

The judge is identified by the fact that the facts of the case is the cornerstone of subsequent litigation activities.If there is a problem in this link,the whole case will develop in the wrong case.It is generally believed that the judge can think about problems in a completely rational manner,but cognitive psychology research pointed out that everyone has a thinking approach,and intuitionally exists in the jurisdiction.Due to intuitions,there is subjective and assurance,intuition will have a deviation.This article aims to explore the intuitive deviation in the fact that the trial of the judge's case is concerned,and pay attention to the internal thinking of the judge.Realism law believes that the judge has made a preliminary conclusion in the fact that it is based on intuition,and there will be logical reasoning to make packaging and form it.In my country,the judgment of intuitive judgment is more objective,in the criminal proceedings in my country,the intuitive auxiliary judges identify the facts.Intuitiveness,the rational analysis mechanism monitors it.This is because the answer obtained by the judge according to the inspirational guidelines is often obtained in the case of insufficient information,and for its results,it is necessary to further verify.Although intuition is likely to have deviation,different intuitive effects are different.The inspirational intuition is more likely to have an unwanted error that the judge does not want to appear than the logical automation type.Because the latter is based on judicial experience in judges for many years.This paper uses an interdisciplinary research method to classify the judge's intuition,analyzing the influencing factors of judges.The two statements in the initial outstanding manifestation in the case of the case are heuristic deviations and proven deviations.It is recommended to fix the judge's deviation through internal and external mechanisms:judges themselves to detect their assumptions through rational analysis mechanisms.Judge's intuition deviation from the external correction: Establish an external opinion participation system and use the case enforcement retrieval system.Through the fact that the trial of judges criminal cases can further reveal the psychological activities of judges,and also provide a certain idea for the judgment of judges.