论心理学战术在民事审判中的运用Ontheapplicationofpsychologicaltacticsinciviltrial

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1、论心理学战术在民事审判中的运用（On the application of psychological tactics in civil trial）On the application of psychological tactics in civil trialAuthor: Zhang Taotao release time: 2011-04-02 09:25:50Abstract:Psychological tactics are widely used in civil trial practice, but both judicial and practical circles d

2、o not pay enough attention to them. In this paper, the psychology tactics are widely used in the civil trial causes in-depth analysis, according to the different objects will use the psychology tactics for the application form and for litigation agent use form, through the case analysis, describes t

3、he psychology tactics two application form, and puts forward some suggestions on the tactical psychology regulation in civil trial in.Following text:The tactical psychology 1 is widely used in civil trial practice, but because of the absence of the regulation of the system, application of the tactic

4、s in reality to judge right unreasonable expansion, litigation rights are not guaranteed. Of course, the widespread use of psychological tactics has contributed greatly to the settlement of disputes, and has fundamentally solved the contradictions, and has a great impetus to the construction of a ha

5、rmonious society. In order to give full play to the advantages of the tactical psychology, the maximum possible to reduce the negative effects, to ensure fair, honest and efficient exercise of judicial power, we must be in the full study on the basis put forward corresponding countermeasures and sug

6、gestions.I. reasons for the widespread use of psychological tactics in civil trialsAt present, Chinas judicial system of judicial guidance from the adjustable tone, when the sentence is sentenced to mediation priority, transfer judgment combination, judge the judge handling the level of one of the i

7、mportant indicators is the mediation rate. The mediation rate is directly linked to the judges rank promotion and bonus allowance, which leads the judges to be more inclined to mediate in the trial practice.Chinas unreasonable petition system is also an important reason for judges to choose mediatio

8、n settlement. Because of judicial independence, individual leaders of Party committees, peoples congresses, governments and other state organs have put pressure on judges in courts and cases in various ways to influence the outcome of cases. The unfair results lead to public distrust of the judge, w

9、hich requires the state to the court and judges to further strengthen supervision and supervision, the so-called gave other countries some leadership further interference with the independence of judicial power. Among them, the most common way to interfere in court trials is petition. The court is n

10、ot to appeal, dissatisfaction with the judicial way normal complaints through letters, petitions, but choose to reflect the situation of government of Party committee of National Peoples Congress, these institutions will accept the Petition Petition by letters and so on the way back to the court. On

11、ce the parties Petition Petition, some leaders generally do not consider the case itself is correct, but this is not a lot of leading legal professional background, only to see the parties Petition Petition directly that sensational court problems, did not ultimately solve the contradiction, the gov

12、ernment chaos to the party. Although the court leader knew that the trial of the case, most of the cases there is no mistake, but due to higher pressure, the judge had to punish the case. The settlement of the case will eliminate the possibility of petition and petition by the parties concerned.In o

13、rder to improve the success rate of mediation, the judges through all kinds of psychological tactics in the mediation process to guide the parties even pressure, although a certain degree of infringement of the right of the parties, but the mediation process is not documented, judges the use of psyc

14、hological tactics generally more obscure, after processing technology can not be reflected in the mediation record out, parties also because the case is resolved, he did not eat too much loss, deferring mediation. Even if the judge through the use of various psychological tactics, the parties did no

15、t accept mediation, the two parties are also more inclined to obey the ruling.Two, the form of psychological tactics used in civil trials(1) the form of psychological tactics used by the parties concerned;1., make direct comments on mediation. The judge is presiding over the mediation of the parties

16、,A strong understanding of the cause of the dispute and the division of responsibility between the two sides, and implied that if the parties do not accept the mediation opinion, will assume greater responsibility 2. For example, Wang Moumou sued Li Moumou father and son for a dispute over personal

17、injury compensation.Wang Moumou and Moumous fellow villagers, in an altercation process help to repair the house village a villager, Wang excitedly rushed forward to play the Moumou Moumou a slap in the face, hands down under attack. Just passing by Moumous son saw his father was hit by Wang, conven

18、iently picked up a brick, rushed forward to shoot Wang Moumou head, Wang Moumou fell down. Wang Moumou was sent to the hospital for a month, spent more than 2000 yuan, after identification, Wang Moumou head trauma constitutes minor injuries. After Wang Moumou and his son taken to court for compensat

19、ion for a total of 24000 yuan.In the mediation process, the judge directly submitted to the parties, the two defendants compensation Wang Moumou 16000 yuan, the two sides dispute over. Since both parties have expressed difficulty in accepting the judges opinions, the judges and the parties concerned

20、 separately negotiated the mediation opinions. The judge told the plaintiff, Wang Moumou, this dispute is that you first hit people, you are more responsible for the consequences of the dispute. Moreover, from the point of view of the evidence now, what is the son of Lee with a brick wounded in your

21、 head, or you accidentally fell head knocking is not clear, although the two defendants in the mediation is Lees son will admit you wounded, but the two sides in the mediation admission shall not be taken as the judgment basis, if the mediation fails, the defendant in the trial process to identify y

22、our own fall into the head, then I can only be in accordance with the law to sentence. 3 at the same time, the judge on the defendant Moumou son said, if you admit that Lees son Wang Moumou wounded, things have been very clear, solely on your side, if you do not accept the mediation, my verdict may

23、not now the amount of compensation. In addition, Wang Moumou injury has constituted minor injuries, and if you do not accept mediation, I can only report to the leadership, to consider whether to transfer to the public security organs, according to the crime to deal with the case. Finally, both the

24、original defendant and the defendant accepted the mediation opinions of the judges.In the mediation process of the case, the judges directly put forward their own mediation opinions, so that both parties feel the judges attitude to the dispute. If the parties do not accept the mediation opinion, it

25、will offend the judges feelings. The judge further contact and separate parties, suggesting that the plaintiff through words if you do not accept the mediation, he will lose more benefits; serious legal consequences of the severity of the defendant intentionally exaggerated legal sanction or behavio

26、r (of course this way must be based on the specific provisions on the law of the parties do not understand the premise), and the judge has shown a way for the future award show common, leaving some space. Eventually, the two sides were forced to accept the mediation opinions.2. put yourself in the p

27、osition of the client to analyze the case. The judge sincerely cares for the parties, understands his world and feelings, puts himself in the position of the parties for the maximum benefit, gets the full trust of the parties, so that the two sides reach a settlement agreement. For example, Guo Moum

28、ou told China Telecom Mianyang branch infringement dispute case.The China Telecom Mianyang branch for set up a communications cable in the plaintiff surnamed Guo all the houses on the placement of stents, the defendant informed the plaintiff beforehand, will be placed in their homes on the cable bra

29、cket, but the plaintiff did not expressly agree. 15 years after the defendant installed the fiber optic stent, the plaintiff did not raise any objections. 5.12 after the earthquake, the house in the installation cable bracket side wall cracks, reinforcement and repair must, therefore, the plaintiff

30、to the court for the defendant to dismantle the cable bracket, compensation for economic losses and pay the cost of occupation of the side wall of the housing for 15 years.In the mediation process, the judge and Guo Moumou chat, usually pull home, first talk about the enormous losses caused by the e

31、arthquake,Talk about the success of Guo Moumou operating small shops, unwittingly returned to the case. The judge pointed out that the telecommunications cable belonging to the category of social interests, it is impossible to require the defendant to immediately remove the cable bracket, and accord

32、ing to the installation of cable support housing side wall in 90s the Telecommunications Regulations telecommunications companies use you only need to notify you, and without your consent, and fifteen side walls you require the cost of using the law there is no clearly defined. Even if we sentence t

33、he defendant to compensate you for your loss, but you want to know the defendant but China Telecom, if the defendant refuses to perform the judgment, the court to enforce the difficulty after you do not know as can be imagined, how many races yuanwanglu, also less money to settle things, to manage y

34、our shops, these have run the court Kung Fu money back early. The judge and the exchange of views on starting from the China Telecom to the identity of the central enterprises, stressed that the case dragged on for a long time under no damage is necessarily the China Telecoms image, in order to main

35、tain the corporate image even if the lost money is worth it. At last the two sides reached an agreement.In the process of mediation in this case, the judge standing directly in the partys position on the issue, the parties concerned are the most important suggestions, make a party felt that the judg

36、e is in fact the mediation proposal was put forward for their own interests, and consciously accept the mediation.3. appropriate compliment parties. After a lot of contradictions and disputes, the two parties have already felt who is right and who is wrong. They just want to admit that they are wron

37、g. In this case, the judge should give the appropriate compliment to the client, so that he or she feels that the judge believes that his actions are reasonable and that his face is already there and thus accepts the mediation. For example, in Lee v. Yang Moumou divorce dispute case, the plaintiff i

38、s obviously even marriage problems are irresolute and hesitant, listen to the mothers arrangement, which was taken to court for divorce and the defendant, the judge is the plaintiff compliment work is assertive, their marital problems will own master, the Moumou man bloody aroused in the judge to co

39、mpliment the sound, the court to withdraw the prosecution to the defendant, apologized and said that the future will be good to the defendant, all obligations as a husband should do; Jia Moumou Yang Moumou v. in the case of private lending disputes, Ming Ming Yang Moumou is malicious default, do not

40、 return due Jia Moumou borrowing, judge but the compliment me, even in the family very difficult economic circumstances, still actively acknowledge the debt owed the plaintiff, and try to return the interest, at the same time, the way The plaintiff talked with the plaintiff, and the plaintiff expres

41、sed his understanding of the defendants default. As long as the defendant returned the arrears as soon as possible, the two sides remained friends. As a result, only 3 days after the mediation, the defendant returned the arrears to the plaintiff.4. invite people who have certain influence on the par

42、ties to participate in the mediation. The party in dispute may be too emotional to judge the opinions of the judge and others, but they can still listen to the opinions of some people who are respected in their eyes, 4. Therefore, in the process of mediation by judges can invite these people have a

43、certain influence on the parties involved in the mediation (sometimes even do not need these people really need to participate in the trial, only carried out the remembrance of them can play a deterrent role), to both parties to reach a mediation agreement. These people who have certain influence on

44、 the parties include the common elders, relatives and friends of the two parties, the neighborhood committees (or village cadres), the leaders of their units and so on. In the case of a dispute over compensation for personal injury arising from the mediation of a fight, the accused judge invited a r

45、espected old man to participate in the mediation in the village where the defendant and defendant were located. The old generation, in the village are very high prestige, made the village primary school teacher for several decades, the vast majority of people in the village of three generations of h

46、is students. The old man came to the court and, in the presence of the judge, knocked at the defendant with his crutches, and said sternly,The two of you do not understand how such a baby, how much something to the court to judge you out of trouble, our village lost face, I will take you back to Dad

47、 grandpa called together, let them good discipline their children. You dont want to lose your face! Come back with me! As a result, the plaintiff in court to withdraw the case, the defendant voluntarily compensated the plaintiffs related losses and apologize.5. the widespread use of power symbols. W

48、hether the court grand architectural style of Rome, the door glowering unicorns, up to a dozen or even dozens of steps, or judges solemn uniforms, police cars, not for legal language generally known, or solemn courtroom, etc., is a symbol of power. This kind of power symbol is the national coercive

49、power, is a kind of power which lets the common people obey, and makes the law, the judicial activity and the judge obtain a sacred, inviolable status and authority. When the case of the parties in power symbol encirclement, they always arise spontaneously a trembling feeling, in the face of such a

50、huge country, the strength of the individual seems to be completely negligible, make people lose the courage to fight, and consciously accept the national rule of law, subject to the judgment of the court. The most typical example of the use of this power symbol is embodied in the trial run by the g

51、rass root court, 5, for example, the case of divorce disputes between Zhu Moumou and Yu wei.The plaintiff Zhu Moumou prosecution Yu Moumou asked the court granted the divorce, because the defendant Yu Moumou lower limb disability, the judge for the convenience of the defendant in litigation, the pla

52、intiff and the defendant decided to go to the village where the village office circuit court. On the day of the trial, the judge dressed in the uniform of the judge, led a clerk, a court clerk, drove a police car to the venue. After arriving at the destination, the judge was asked to stop the police

53、 car at the most conspicuous place in front of the village committee office and inform the village secretary to attend the court hearing. The parties and the village party secretary was after the court, the judge to arrange them in order to sit down (the village party secretary sat on the right hand

54、 side), and then took out a specially brought gavel knock three sound, before announcing the formal hearing. The office clerk who comes with the car is responsible for taking photos and recording the order of the court. The case in the trial process, because the defendant relatives too excited, body

55、 contact with the plaintiff relatives in the village party secretary failed to stop after the judge to call the local police station sent two police court. Under the joint efforts of the judges, the police and the village party secretary, the parties finally stopped unnecessary entanglement, and the

56、 trial was carried out smoothly. Although the parties failed to reach a settlement agreement, they all complied with the courts decision, and the contradiction between the two sides was resolved.In the course of the trial, the judges used various symbols of power to exert influence on the parties. T

57、he location of the village committee and village Party Secretary of the office of the presence of all the parties to that full support of the court trial by village in the official; the judge dressed in uniforms, specially carried gavel showed, on behalf of the trial judge in the country is the auth

58、ority of the village entrance parking will; the police office, maintain the order of the court police is that directly to the parties and the spectators, behind the court is to rely on the force of violence of the state; with the car to the office of the director general in charge of information pub

59、licity with a professional camera trial, and the trial order records, and the parties the people in the village seems more like in an interview with reporters, once thought of his scandal will spread to the heart will be known to all parties. Nervous and anxious to settle the dispute as quietly as p

60、ossible.(two) the form of psychological tactics used in litigation agentsAgents who regularly represent cases in grassroots courts and intermediate courts are usually lawyers (and legal workers) in law firms or law service offices in their respective jurisdictions,The relationship between the judge

61、and the agent not only through a case, but through long-term work, life contact formation, which also led to the judge for the agents using psychological tactics in the client application form and form 6 totally different tactical psychology. The forms of psychological tactics used by some judges ag

62、ainst litigation agents include the following two major aspects:1., for lawyers (or legal workers) my psychology, tactics, forms of use. The use of psychological tactics the main purpose is to let the lawyers (or legal workers) understand, if in their own agency in cases with the treatment of disput

63、es better judge, his work in the future will suffer great pressure: on the contrary, if they can actively cooperate with the judges to deal with conflicts in their own agency in the case of judges will give the lawyers at work (or legal workers) moderately easy. The use of this psychological tactic

64、did not solve specific cases, but it laid the foundation for judges to continue to work with lawyers (or legal workers) in the long term of work.Resistance during the filing of a. In some cases in which their agents refuse to actively cooperate with the judges to facilitate mediation of cases, the j

65、udges will pass through the internal network to the members of the court. Therefore, be responsible for filing the judge will take a variety of ways to suppress the lawyer (or legal workers), for example, for the lawyers in the filing review (or legal workers), even if there is a small error complai

66、nt also requires its comprehensive revision, improve the evidence of filing standards, required to provide the defendant accurate proof of identity, and even the use of the seven day review period of delay in full compliance with the conditions of the case file.B. boycott during the trial. The court judges re