司法过程中法官认知偏见探析

目前。对司法体制改革的探讨大多局限于用权力分离、司法独立、程序正义等视角来分析问题。文章试图以公平、正义等理念为基础，以法官个人和法官这一群体为核心，借助于心理学的视角，研究在司法过程中拥有“自由裁量权”的法官为何存在着认知偏见，这种偏见对公正司法产生何种影响，以及该如何规制这种认知偏见，从而最大限度的维护司法的公开、公平、公正，实现理想司法所追求的价值。

On the Judge's Cognitive Prejudice in the Judicial Process

At present, the study on the reform of the judicial system mostly confines to the separation of power, judicial independence and procedure justice. This paper tries to investigate the reason of cognitive prejudice of judges who have discretion in the judicial process, the impact of this prejudice on fair judiciary and how to regulate it so as to uphold judicial just by the greatest extent and realize the value that ideal judiciary pursues on the basis of such concepts as equality and justice, taking judges and their group as its core and by the help of psychology perspective.