Research On The Psychological Mechanism Of Judge’s Suspicious Judgment Under The Triple Mental Model

At present,China is in a new period of comprehensively governing the country according to law,and judicial governance plays an increasingly important role on the road of Chinese style modernization of the rule of law.Specifically,in the judicial field,standardizing the operation of judicial power and the decision-making behavior of judges has become an important part of deepening the reform of the judicial system in the new era.As the main body of judicial action,the judge ’s words and deeds will also affect the process of the rule of law.Using the relevant principles of cognitive psychology knowledge,the judge in the adjudication process to explain the psychological process,analysis of influencing factors,provide theoretical support for its process and results.Materialist dialectics believes that people have subjective initiative,and the judge ’s initiative has an important impact on the referee process.The judge ’s own personality,emotion,value pursuit and policy and other factors will have an impact in the process of judgment,so as to produce deviation in the process of case fact finding and legal matching.Judges will also be affected by their own subjective initiative when judging according to legal procedures.Therefore,the psychological process that affects the judge ’ s decision-making is worth exploring.By combining the cognition psychology with the judicatory,the explanation of the psychology of the judge’s psychology is significant both in theory and practice,and to analyze the judicial behavior of judges mainly by means of the triple mental model,so as to provide a basis for the decision-making legitimacy of the judgment process and the judgment results.The first part combs the influencing factors of judges ’ judicial behavior,and explains the process and influence of judges ’ psychological construction.Through the representative models such as legal model,attitude model,strategy model and audience theory,this paper reveals the influencing factors that affect the decision-making of judges.The judge ’s own influence is divided into internal factors and external factors,analysis of judges affected by legal,reasonable and personality factors such as decision-making,and explains the basic model.Each model has its typical influencing factors,such as the legal model must strictly apply the law,the attitude model judges affected by their own attitudes and personal pursuits.Facts have proved that a single model cannot explain the entire psychological process of judges ’ decision-making alone.With the continuous research of scholars in the field of psychology and law,the second part applies the dual processing theory in psychology to the judge ’s decision-making process,matches its model construction with the facts of the case,and makes a simple construction of the psychological process of the referee,further revealing the psychological process of the judge ’s decision-making.The study found that in simple cases,the dual processing constructs were matched with the facts of the case to test whether the judge ’ s judicial behavior was legitimate.However,in difficult cases,because the double processing type two does not distinguish in detail and has its own limitations,it is impossible to explain the psychological process of how the judge supervises and tests the referee process when explaining the judge ’s behavior.Therefore,with the development of legal realism,a triple mental model consisting of automatic mind,reflective mind and algorithmic mind has been gradually formed.On the basis of the dual processing theory,the construction process of type 2 is improved and refined to provide scientific guarantee for the authenticity and legitimacy of the case.In difficult cases,this theory further explains the psychological process of judges ’ application of factual and legal issues.The third part analyzes the construction of difficult cases through the triple mental model,and uses the story model to identify the facts of the case and match the legal norms.According to the analysis and comparison of the dual processing theory and the triple mental model theory,the psychological mechanism construction model is used to explain the judge ’s decision-making,and the important role of psychological knowledge and analysis framework in the judicial field is explained.Step by step,the judge ’s psychological ’ black box ’ in the referee process is uncovered.At the same time,Because of the fast development of society,the complexity and variety of cases,the restriction of the law and the subjective initiative of the judge,emotional,character,value pursuit and other factors will affect the psychological process of judges in decision-making.Therefore,the construction of the judge ’s psychological mechanism in the triple mental model theory cannot explain all the judicial decision-making processes.We can only explain the judge ’s psychological mechanism process by continuously exploring the judge ’s decision-making process and conducting more in-depth research on the judge ’s judicial behavior.The fourth part is based on the above-mentioned various factors affecting the judicial decision-making of judges and the shortcomings of the judges ’psychological construction process in the case.It mainly optimizes the construction elements in the three processes of automatic mind,reflective mind and algorithmic mind in the triple mental model.By improving the judge ’s own judicial cognitive ability,legal reasoning ability and the improvement of factual identification and legal application,and also making simple optimization suggestions on the external factors affecting the judge ’s judicial behavior psychological process,it provides a strong support for the legitimacy,legality and rationality of the judge ’s judgment process and results.With its continuous advancement of China ’s rule of law modernization process.