中国法官决策的基本问题分析

Abstract

As a professional law judge who has distinctive characteristics, because of the special nature of their profession, requiring careful extent of its legal thinking significantly higher than other groups of the legal profession, It is also widespread concern one of the reasons professional quality and training of judges in today's society. If justice is a social stabilizer, then the judge is the stabilizer of manipulators. If the controller's decision-making capacity is uneven, the result may vary, the uncertain outcome, not unified with reason and law, "the same problem the same treatment" is a departure from the principles of law applicable. If in the long term, this kind of contradiction, it is bound to a devastating blow for judicial justice, and the authority of the law and functions also will be lost. This is what we don't want to see, is also a social and national intolerable. As a result, the judge must be after long-term professional training, has the legal professional skills and professional ethics, its inherent law thinking is whether they can correctly apply the law, the reasonable exercise state gives an important guarantee of its power. Judges decisions, it is to point to in the process of concrete action, the judge in the face of the existence of numerous potential specific situation (in specific cases), with its positive open mode of thinking by judging the case facts and find legal norms, and a method of judgment about the case of conformity . In fact, the judge's decision is embarks from the formation of fuzzy conclusion first, then try to confirm the conclusion, the process of natural evolution rather than from premise to conclusion. In addition, in the process of litigation cases and simplified differ, there are both hard case and general case, so just follow the formalism of the decision-making principles like "vending machines" or discretion principle of realism has its disadvantages . In complicated cases, therefore, want to find the balance of the general justice and individual justice, not only need a good external support system, more important is to should be to establish a guiding principle of case and meets the needs of public decision-making. As a judge of judicial decision-making activities and human mental activity, with different characteristics and other decision-making-- both law and psychology double vision. As Justice Holmes said: “Behind the formation of the judgment is made of the relative value and the conflicting severity , of course, this is often not revealed and unconsciously judge, but it is the foundation and core of the whole judicial process”. In this paper, the general theory of psychology and logical decisions based on the concept of the judge’s decision, characteristics, as well as the main principles were not so precise a definition and analysis of these issues so that we have an overall understanding and grasp.