神经法学视角下论司法公信力与司法评估

Research on Judicial Credibility and Judicial Evaluation from the Perspective of Neurolaw

自媒体时代,呈现出“司法民意”很大程度上影响审判的现象,究其核心,背后反映的是司法公信力问题。司法公信力是司法机关与社会民众双向互动互评、“信任关系”发展的动态过程。司法评估对我国司法公信力与司法文明建设具有重要影响,但目前我国还需要更准确性、客观性、科学性的鉴定评估技术与评估方法。近年来,神经法学这一交叉学科的兴起,提供大量的客观、科学的神经生物学证据,协助司法机关更科学化、专业化地进行司法评估、司法精神鉴定、刑事责任能力的判定、罪犯再犯风险、罪犯人身危险性预测、罪犯刑事处遇、罪犯定罪与量刑等问题,不仅对于罪犯循证矫正实践具有重要影响,一定程度上也对司法公正、司法权威与司法公信力等具有重要建设性作用。但目前,神经法学的研究刚刚起步,还需要神经法学研究者们不断努力与深入研究,才能为法学理论、司法评估实践与司法公信力等做出贡献。

In the era of “We-Media”, the phenomenon that “judicial public opinion” affects the trial to a great extent actually reflects the problem of judicial credibility at its core. Judicial credibility is a dynamic process of two-way interaction and mutual evaluation and the development of “trust relationship” between judicial organs and the public. The effectiveness evaluation in the judicial field has an important impact on the construction of judicial credibility and judicial civilization in China, while China still needs more accurate, objective and scientific appraisal and evaluation techniques and methods at present. In recent years, the rise of neurolaw as an interdisciplinary field provides a large amount of objective and scientific neurobiological evidence, assisting the judicial organs to carry out judicial assessments, judicial psychiatric identification and judgment of criminal responsibility ability in a more scientific and professional way, as well as to predict the risk of recidivism, the personal danger of criminals, the problems encountered in criminal punishment, the conviction and sentencing of criminals, etc. Which not only have an important impact on the practice of evidence-based correction of criminals, but also play an important and constructive role in judicial justice, judicial authority, and judicial credibility to a certain extent. However, at present, the research of neurolaw has just started, and researchers in neurolaw need spare no effort to research deeply in order to make contributions to legal theory, judicial evaluation practice and judicial credibility.