Correction And Control Of Judge’s Intuition Deviation In Judicial Decision

Intuition is a special way of thinking and cognition that everyone has,and judges are no exception.Intuition is bound to have an impact on judges’ judgment behavior.The judge’s intuition is like a double-edged sword.The judge is likely to quickly complete the process of discovery and demonstration of law by the intuition,quickly make accurate judicial decisions and improve judicial efficiency.However,if the judge’s intuition deviates,it will directly lead to the deviation of judgment conclusion and even lead to wrong cases.Starting from the negative judicial phenomena such as confirmation deviation and heuristic deviation in the current judicial judgment,and based on the mature research results of cognitive psychology,this paper explores the cognitive process in the process of judges making judicial judgment.By combing the mature theories of judges’ intuitive judgment,we can find out that both intuitive determinism and legal sense judgment theory can not become the due model for judges to use intuition for judicial judgment.This paper advocates that under the framework of dual processing theory,the path of correcting and controlling judges’ intuitive deviation should be optimized by heuristic system first and the order of analytical system verification and evidence.The key lies in the complementarity between judges’ self correction and external system control,which can effectively avoid judges’ intuitive deviation.It is the key to promote judicial reform.It is necessary to improve the quality of judgment and maintain judicial credibility.