人民法院对犯罪分子依法裁量刑罚中是否包含有法官的情感因素?多年来,理论界和司法界对此探讨甚少。然而,量刑中包含有法官的情感因素却是客观存在的。因此,科学的态度应该是正视它,研究它。法律评价与法官评价法律评价是法律对人(包括法人和非法人)的行为的肯定或否定。这种评价是由人依法作出的。作为特定身份的人和普通人的聚合体,法官在作法律评价时,其心理必然具有法律和非法律两种心理。 For many years, the theoretical judiciary and the judiciary have not much discussion on whether the people’s court has included the emotional factors of judges in the criminal punishment of criminals by law. However, sentencing contains the emotional factors of judges is an objective reality. Therefore, the scientific attitude should be to face it and study it. Law Evaluation and Judge Evaluation Law evaluation is the affirmation or negation of the behavior of people (including legal persons and non-legal persons) by law. This evaluation is made by law. As an aggregate of people with certain identities and ordinary people, the judge must have both psychological and non-legal psychology when making a law evaluation.