Adam Smith proposed a very important concept in "The Theory of Moral Sentiments"，i.e. "bet365 sign up bonus code or judicial spectator"。Smith proposed this concept to solve some important issues in his emotionalism theory and moral philosophy，For example, emotional appropriateness judgment、Psychological sources of altruistic behavior, etc.，But actually，This concept requires a sympathetic understanding of everything，Situations that require intermediate judgment are of great significance，Judiciary is exactly a representative of this situation。Therefore，This concept is also of great significance in the judicial field。Smith himself noted the affinity between the roles of the bet365 sign up bonus code and the judge，He himself compared the bet365 sign up bonus code to "the great judge and arbiter"。But，What are the similarities between an bet365 sign up bonus code and an ideal judge？What skills do real judges need to learn from impartial bystanders？In the author’s opinion，The empathy of the bet365 sign up bonus code、Fair judgment and poetic justice are what judges need to learn and learn from。

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An bet365 sign up bonus code is not an actor，But he fully understands the actions of the doer，Relies on his ability to sympathize，This ability also allows him to understand the situation、The basis for making fair judgment。Hume、The word sympathy used by Smith and others，The core meaning should correspond to today’s word empathy。Generally believed，Empathy is the ability or behavior to put yourself in another person’s shoes and understand their situation and feel their emotions。For the judge，Empathy similar to that of an bet365 sign up bonus code is very important to his judicial work，Judges serve as arbiters of disputes，Understanding the parties and their disputes is the prerequisite for fair judgment。

As a bystander，How to understand the parties and their disputes？bet365 sign up bonus code requires relying on a universal nature and natural endowment of human beings，Empathy。First，Judges only have the gift of empathy，Only before you can go deep into the pending cases，Really understand the factual disputes between both parties；Secondly，Only through empathy，Only the judge can delve into the specific environment in which the dispute occurs，Really understand the parties’ demands；Again，Only through empathy，Only judges can correctly understand and interpret the law；Last，Only through empathy，Only the judge can understand the case sympathetically，And provide a result that is satisfactory or acceptable to the parties。Although Smith regards empathy as an innate endowment，But bet365 sign up bonus code does not exclude the fact，That is, empathy can be honed and improved through learning and practice。Especially，A natural tendency toward empathy in our nature is that we are more likely to understand、Identify people who are similar to us，Not easy to understand、Identify people who are different from us。So，Judges should train their empathy skills，Not only empathize with those who are similar to us in some ways，We must also empathize with those parties who are far from us in some aspects。Of course，It is not easy to do bet365 sign up bonus code，Judges should have an open mind and broad knowledge，Also has a keen ability to reflect。

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How judicial decisions based on empathy are conducted？This process can be roughly divided into seven stages: Stage 1，Judge’s imagination，He is in the position of the parties involved；Second stage，Judge’s imagination，How does he view the dispute in this situation，And how it will feel，His understanding and feelings are no different from those of the real person involved，But the intensity is not as strong as the parties involved；The third stage，The judge compares his own understanding and feelings with those of the parties，Understand the similarities and differences；The fourth stage，Intuitive judgment through comparison，If your understanding and feelings are consistent with the parties involved，produces emotional pleasure and recognition，Vice versa，If the difference is large，will feel displeased and denied；The fifth stage，Emotional pleasure or displeasure is only a preliminary judgment，The final judgment still needs to be made from the perspective of bet365 sign up bonus code；Stage 6，After the above-mentioned feelings and evaluation process have been carried out for both parties，Next, make a judgment on the merits of both parties；The seventh stage，Based on the above steps，Make a fair decision。

Looking at the above-mentioned judicial process based on empathy，Third、four、Five stages，Especially the fifth stage，It is the key for the judge to make a fair judgment on the parties’ claims，It is also a key link in the entire judicial process，This key link can be called the fair judgment link。centered on this，First、The second stage can be regarded as the empathy prerequisite for fair judgment，Sixth、The seven stages can be seen as the natural consequences of fair judgment。In the key link of fair judgment，The judge must become an impartial spectator，Learn to use the skills of impartial judgment as bet365 sign up bonus code，Only in order to make judgments about appropriateness and rationality。Specifically，The judge needs to turn inward at this stage、Imaginary impartial spectator asking for help，That is, imagine how bet365 sign up bonus code with no interests involved would judge the difference between his own understanding and feelings and that of the person involved。

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Since the time of Demosthenes，Empathy refers to empathy for individuals，This characteristic of empathy，It determines that impartial bystanders attach great importance to individual understanding and feelings。Although impartial bystanders understand individual feelings，Will perform a sublimation of perspective，Centering decisions from a universal perspective，But this does not change the bet365 sign up bonus code from the individual、The way of thinking based on situational thinking。The way of thinking of the impartial bystander also has reference significance for judges。

About judges and their administration of justice，There are two typical types、Far-reaching concepts: First, the judge is regarded as a tool of the legislator，Even just a repeater，Judiciary is just an activity of simply applying legal rules，This is how the judicial picture of conceptual law and formal law is described；The second is that judges are the legislators of society，Because the judicial activities of judges have legislative effects，So，When making decisions, judges should try their best to consider what kind of rules his ruling will bring to society，For example, the popular legal pragmatism idea advocates that judges should consider social consequences when making decisions，Especially consider the economic consequences，Thus taking the opportunity of trial to formulate legal norms that can bring beneficial consequences to the society。The common shortcoming of these two concepts is，They all refuse to consider the particularities of the individual parties，Refuse to consider the specific circumstances of the case，Therefore, it cannot provide the parties with a kind of "tailor-made" poetic justice。The opposite，bet365 sign up bonus code judge is based on the true feelings of the individual，The judgment shall be based on the individual and situational particularities of the parties involved，Observe the facts of the case in detail，Understand the client compassionately by understanding their life history，Let the facts rule，Then make a decision within the legal framework。In this process，Explanation of legal doctrine、Consideration of social consequences，Everyone must first obey the requirements of justice in the individual case，This is the poetic justice method of the empathic judge。

　　(bet365 sign up bonus code article is a phased result of the 2018 Zhejiang Provincial Social Science Planning Jiang Youth Project "Research on the Reflection and Reconstruction of Legalistic Judgments" (18ZJQN03YB)

(The author is a professor at the bet365 sign up bonus code School of Zhejiang University of Finance and Economics)