Analysis for Basic Problem of Judges Decision

Abstract

A place where there are human beings, there will be decision-making activities. As early as two hundred years BC, the word of “decision-making” in the there are records -“contingency, the momentum, method of decision-making”. Decision-making is a collection of people make choices and behavior on the goals and methods achieve their goals in the future. In the small-scale production era of science and technology underdeveloped, due to the small scale of social production, the slow pace of social change and the impact of social activities are not widely, decisions are made usually based on their own personal experience, knowledge, abilities, etc. Its main features are: individual decision-making, decision-making experience, closure decisions. Today, with the development of society, the rapid progress of science and technology, social interaction increasingly widespread, expanding production scale, the decision-making behavior also highlights the many factors involved, changes quickly, difficulty and other characteristics. According to the general theory of decision-making, decisions are usually made up of five basic elements: decision-making body, the decision-making object, decision-making information, decision-making methods and decision results. Decision-making body is usually an individual, but can also be institutional. The basic elements of the decision-making need to adapt mode of production, so as to achieve scientific decision. Today’s society is an information status quo, ambitious and complex system, decision-making behavior is not only highly automated processing needs of decision-making information, but also need an organized and orderly, working closely expert group to fully play its overall effective function, only there are so science can only make the right decisions.
Decision theory is based on the analysis of decision theory, as a branch of operations research, is “based on information and evaluation criteria, with a number of methods to select the program or to find the optimal decision science”. In real life, when several cases of the same problems faced there are a few options for policymakers to deal with these situations the selected program on the formation of the
decision-making strategies. As we all know, decision theory is based on probability theory evolved. However, 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.