法律规定和案件事实毋庸置疑是法官判决时考虑的两因素,在司法裁判过程中,似乎法官在裁定案件时以事实为依据,以法律为准绳,机械地运用三段论推理就必然得出正确的判决,然而实证考察的结果表明事实并非如此。法官裁判案件的过程是心与脑对话的过程,是理性与非理性冲突、协调的过程。在这一过程中,法官的情感因素起着重要作用。由于这些情感因素对司法公正具有利与不利双重性,因此应采取措施予以引导、制约。 There is no doubt that the law and the facts of the case are two factors to be considered by the judge. Judges appear to judge the case based on facts and the law as the yardstick. Using mechanics of three-stage theory inevitably leads to correct judgments However, the empirical results show that this is not the case. The process of judge’s case is the process of dialogue between heart and brain, and the process of conflict and coordination between reason and irrationality. In this process, the judge’s emotional factors play an important role. Because of these emotional factors on the judicial impartiality and disadvantageous duality, it should take measures to guide and control.