Analysis on uncertainties in judicial decision based on cognitive psychology

Abstract

A judicial decision is arrived at through fact reasoning, legal reasoning and decision reasoning. Due to the difference between judges in cognitive psychology, the above reasoning process is affected by uncertainty thought, resulting in uncertainties of the judicial decision. This paper explores deep into the uncertainties in judicial decision from the perspective of cognitive psychology, and puts forward some countermeasures. Specifically, the author analysed the cognition psychology of judges in the process of judicial decision, examined the manifestation of uncertainties in judicial decision, and conducted a psychological analysis of uncertainty thought. The results show that the cognitive psychology of law and justice is formed through long-term integration of learning and work; in the process of judicial decisions, judges are limited by their own cognition in the process of fact reasoning, legal reasoning and decision reasoning, resulting in an unfair judgment against one party; the uncertainties of judicial decision should be reduced from aspects of legislation, legal application procedures, the personal emotions and qualities of judges, as well as publicity and education. The research findings lay the basis for the application of cognitive psychology in judicial decisions.