The Causes And Solutions Of Judges’ Cognitive Bias

As a cognitive subject,the cognitive bias will occur when the case information obtained by the judge is distorted in his brain,which is one of the important reasons leading to the unfairness of judicial judgment.This paper starts with the concept of cognitive bias,combs the concept of cognitive bias,and introduces anchored narrative theory,story model and related theories.When judges judge,it can be explained by the formation of stories,that is,"form the story first,then look at the evidence".Then it analyzes the causes of cognitive bias from the perspective of psychology and combin es it with anchored narrative theory to introduce the influence and consequences of cognitive bias.Finally,this paper provides a way to explore the judge’s inner cognition from the perspective of anchored narrative theory and story theory,introduces the best explanation inference based on this perspective,and then selects the best story version on this basis.In this selection process,a set of criteria for selecting stories is needed.Based on theories such as story theory and anchored narrative theory,the selection criteria of the best story not only requires the narrative sense of good,but also requires its authenticity,that is,requires the story not only to meet the formal integration,namely "good",but also to ensure its normalization and authe nticity,namely "true".So the standard of evidence coverage and story convergence is proposed to achieve the above good and true standa rd of the best story.Then it is necessary to clarify the relationship between the standard and the criminal proof standard.The criteria for selecting the best s tory is not a case proof,but rather a general criterion of credibility.Through this standard,the judge can find the best version of the story and exclude the rest in the fact finding process.Finally,whether this story can be applied to the judgment st ill needs to be tested by the constitutive elements of the substantive law and the proof stand ards of the procedural law.In the process of selecting the best story,the influence of cognitive bias can be reduced through the above criteria.Finally,under the circumstances of our country,combining with the current laws and the judicial system,we form the applicable pattern for the fact affirmers to use the story model to explain evidence and to recognize the facts of cases,and then put forward a solution way to reduce the cognitive deviation of judges in our country.