Volume 29, Issue 2
DOI: 10.24205/03276716.2020.264
LEGALITY ANALYSIS OF CIVIL LITIGATION JUDGMENT BASED ON COGNITIVE NEUROSCIENCE AND COGNITIVE PSYCHOLOGY
Abstract
Drawing on cognitive neuroscience and cognitive psychology, this paper aims to disclose the influence of psychological factors (e.g. ethical principle) on judicial notice stemmed from civil actions. First, the author introduced the background knowledge of neuroscience, psychology and jurisprudence. Then, the positioning of judicial notice in the civil action system was explained, and the purpose of judicial notice in civil lawsuits was defined. After that, the role of cognitive science in the curse of civil litigation judgement was analyzed in details. The results show that cognitive psychology is an important evidence for and complement to the legality of litigation judgments; the cross-integration of various disciplines is conducive to providing a comprehensive cognition of the legality of litigation judgments. The research provides rational qualitative results on the legitimacy of civil litigation judgments, which help to promote the fairness and legitimacy of civil litigation judgments in China.
Keywords
Cognitive Neuroscience, Cognitive Psychology, Civil Litigation Judgment, Legality.