Adam Smith put forward a very important concept in "Moral Love"，That is "impartial spectator or Judicious SpecTator)。Smith proposed that this concept is to solve some important issues of his emotional theory and moral philosophy，For example, emotional adaptability judgment、Psychological source of the behavior of altruism, etc.，but actually，This concept understands everything needs to be sympathetic，The situation that needs to be judged in China is important，Justice is exactly a representative of this situation。So，This concept is also important in the judicial field。Smith also noticed the affinity between the fair bystander and the character of the judge，He himself compares the fair bystander to "Great Judge and Arbiter"。but，Where is the impartial bystander and the ideal judge similar to? And what kind of skills do real judges need to learn from fair bystanders?，The empathy of fair bystanders、A fair judgment and poetic justice is where the judge needs to learn and learn from。

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Just bystander is not an actor，But he fully understands the action of the actor，Relying on his sympathy (Sympathy) ability，This ability bet365 live casino games is also his understanding of the situation、Make the basis for impartial judgment。Hume、The word Sympathy used by people and others，Its core meaning corresponds to the word Empathy today。It is generally considered，Compassion is a kind of ability or behavior of understanding the situation and feeling of others' emotions。For the judge，The empathy of similar onlookers is very important for his judicial work，Judge as the referee of the claim，Understanding the parties and their claims are his prerequisite for his fair referee。

As an onlooker，How to understand the parties and their claims? This requires a general nature and natural endowment that depends on humanity，Evergreen。First，The judge only passes the endowment of empathy，Only internal internal of the resolution，​​Really understand the factual dispute between the two parties; second，Only pass the empathy，The judge can thoroughly deepen the dispute，Really understand the demands of the parties; again，Only through the repulsion，The judge can correctly understand and explain the law correctly;，Only pass the empathy，The judge can sympathize with the case，and give the parties to satisfy or acceptable results。Although Sri Lanka is a congenital endowment，But this does not exclude this fact，That is, the empathy ability can be Bet365 app download touched and improved through learning and practice。especially，A natural tendency of our natural CCP's affection is that it is easier for us to understand、Agree with those who are similar to us，instead of understanding、Agree with people who are more different from us。So，Judges want to train their own empathy，Not only does it understand those parties who are similar to us in some ways，Also understand the parties that are far from us in some respects。Of course，It is not easy to do this，The judge should have open heart and broad knowledge，At the same time, there is a keen reflection ability。

　　A fair judgment

How is empathy judicial referee based on? This process can be divided into seven stages: first stage，Judge imagination，He is in the position of the parties; the second stage，Judge imagination，How does he view the vote in this situation，What kind of feeling will it produce，His understanding and feelings are not different from the real parties，But there is no strong parties in terms of strength; the third stage，The judge compares his understanding and feelings to compare with the parties，Understand its similarity and differences; fourth stage，Active judgment through comparison，If your own understanding and feelings are consistent with the parties，Emotional pleasure and identity，Converse，If the difference Bet365 app download is very large，I will feel displeased and denied; stage 5，Emotional pleasure or unhappy is just a preliminary judgment，It is also necessary to make the final judgment from the perspective of a fair bestation;，After the above feelings and judgments were performed on both parties，Next, the right and non -songs of both parties are judged; stage seventh stage，Based on the above steps，Make a fair ruling。

Look at the above -mentioned empathy judicial judgment process，third、4、Fifth stage，Especially the fifth stage，The key to the judge's proposition of the party's proposition，It is also the key link of the entire judicial judgment process，This key link can be called a fair judgment link。Taking this as the center，First、The second stage can be regarded as the premise of empathy for fair judgment，Sixth、Seven stages can be regarded as a natural result of fair judgment。In this critical link of judging justice，Judges must be transformed into a fair onlooker，Learn to use the skill of fair judgment of the impartial bystander，Only judgment of suitable and rationality can be made。Specifically，The judge needs to be inward at this stage、Imagine the fair onlookers ask for help，Imagine how a fair bystander who has no interest in interests makes judgments between the understanding and feelings of the parties。

　　Poetic Justice

Since the period of De Mosi，Compassion refers to the empathy of the individual，This feature of empathy，It determines that the impartial onlookers attach great importance to the understanding and feelings of the individual。Although the fair onlookers are based on the understanding of individual feelings，Will sublimate a perspective，Decisions from a general perspective，But this does not change the fair from the individual、Method of thinking about thinking about the situation。A fair way of thinking also has a reference meaning for the judge。

About judges and their justice，There are two typicals exist、The concept of profound influence: First，Even just a repeat machine，Justice is just an activity that simply applys legal rules，The judicial picture of conceptual law and formal law is so depicting; the second is that the judge is the legislator of the society，Because the judicial activity of the judge has legislative effects，So，The judge should consider what kind of rules will bring to the society as much as possible when decision -making，For example, popular legal pragmatic thinking advocates that judges should consider social consequences when deciding，In particular, consider economic consequences，Therefore, the judgment opportunity to formulate legal norms that can bring Bet365 lotto review favorable consequences for the society。The common lack of these two concepts is，They all refuse to consider the special characteristics of the individual of the parties，Refusing to consider the specific situation of the case，Therefore, you cannot provide a "tailor -made" poetic justice。The opposite of this，A fair -handed judge is based on the true feelings of the individual，During the referee, start from the individual's individuality and context particularity of the parties，Facts of the case in detail，Understand the party's life history sympathetic to understand the parties，Let the facts lead，Then make a referee in the framework of the legal framework。In this process，Explanation of legal doctrine、Consultation of social consequences，All must first obey the requirements of case justice，This is the poetic justice referee method of empathy judges。

　　(This article is the study of the referee of the referee of the law of law in Zhejiang Social Science Planning of Zhejiang Province in 2018 (18ZJQN03YB) phased achievement)

(The author is a professor at the School of Law, Zhejiang University of Finance and Economics)