论民事诉讼中的司法认知——基于认知心理学的分析.docVIP

Abstract Judicial Notice , a fact that so remarkable that without proof, as an acient Rome saying goes. As for the Rules of Civil Procedure Evidence following the principal of Probability Standard of Evidence ,especially in the civil proceedings , Judicial Notice came from all the parts of the mind, even though the judge do not know the real origin of such multiple points of view. Through logical deduction , story line was built with the facts of the cases, then the legal reasoning happened. With the dualism research methods , Judicial Notice in legal reasoning is divided into two dimension ,subject and object situation, with the consideration of the demonstrate convenience. While establishing the framework of the essay, we do not intended to ignore the fact that judges get involved in the construction contingency of the evidence procedure. Existentialism, by Heidegger, combines with the results of the Cognitive Psychology testified the effects of the implicit cognition , inspiration and insight, which also disclosed the creativity of judges. As China’s Taiwan scholars Mr.Li said that the so-called Judicial Notice is that the court should apply for it to be some kind of law or finding, the parties claim to be free, but also to the discretion; not to be testified by the parties. This article is divided into five parts. The following describes the judicial cognition psychological analysis of the meaning and value, as well as the purpose and difficulties during the writing process. The first part describes the situation of the Civil Judicial Notice , which will be discussed in two dimensions : one is for the characteristics of Judicial Notice in Civil Procedure, to admit the unclearness of the conception . And through the debating of empiricism and rationalism of history through cognitive activity is obtained judicial experience and rational conclusions intertwined. The second is based on the original analysis, namely the theory of cognitive memory in psychology and s