| The research on the formation process of judges’ psychological evidence aims to promote the scientific and rational process of judges’ psychological evidence.However,in practice,the phenomenon of unjust,false and wrong cases often occurs because of judges’ psychological evidence and wrong confirmation of facts.In theory,the academic circles of our country mostly study the principle of free psychological evidence from the aspects of system construction and restriction,but there are few researches on the formation process of judges’ psychological evidence.The process of judges’ psychological testimony is the process of judges solving problems through cognition.Therefore,the process of judges’ psychological testimony can be divided into four stages: acceptance,analysis,evaluation and disclosure.The receiving of the judge’s psychological evidence refers to the behavior of the judge receiving "stimulating information".In the receiving stage,judges’ psychological evidence is easily affected by the selectivity of attention,the limitation of cognitive resources,the erasability of memory and other factors,which easily lead to the selectivity of judges’ receiving information,the constraint of judges’ receiving information,and the bias of court investigation procedure.Therefore,we can guarantee the smooth and comprehensive reception of the judge through "complete" receipt of the case file,perfect the pre-trial procedure,adjust the court investigation order and other measures.The analysis of the judge’s psychological evidence is to analyze the requirements and conditions of the problem.In the process of criminal procedure,it is manifested as the judge’s behavior of analyzing evidence,including examining the qualification of evidence and measuring the proof of evidence.In the analysis stage,the judge’s psychological evidence stage is susceptible to the influence of factors such as the diversification of the analysis of perceptual "information",the limitation of attention materials and so on.It is easy to produce the problems such as the acceptance of invalid "information",the bias of the analysis of "information",and the lack of information in the defendant’s final statement.Therefore,we can improve the cross-examination of witnesses and expert witnesses,strengthen confrontation in trial,standardize the defendant’s final statement and other measures to ensure the efficient and reasonable analysis of judges’ psychological evidence.A judge’s evaluation of psychological evidence is an act of putting forward hypothetical facts and verifying them with logic and experience.In the evaluation stage,judges’ psychological evidence is easily affected by the indirectness of perception,the dependence of pattern recognition,the sequence of "information" extraction,the singleness of mental model and other factors,and it is easy to produce the deviation of guilt hypothesis,the limitation of collegial panel’s evaluation function,the limitation of judge’s evaluation and so on.Therefore,it is necessary to ensure the comprehensive and accurate evaluation of judges by presetting the assumption of innocence,perfecting the collegial mechanism and training judges.The disclosure of the judge’s psychological evidence is the externalization of the evaluation of psychological evidence.In the stage of publicity,judges’ psychological evidence is easily affected by the selectivity of attention response and the subjectivity of the judge’s publicity,among which the subjectivity is influenced by internal and external factors,and it is easy to produce such problems as judges’ selective public psychological evidence,biased judgment content and subjectivity.Therefore,we can standardize the form and stage of the disclosure of judges’ psychological evidence,strengthen the disclosure of judgments’ psychological evidence,improve the judicial reward and punishment mechanism and other measures to ensure the rationality and persuasion of the disclosure of judges’ psychological evidence. |
