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《Science of Law(Journal of Northwest University of Political Science and Law)》 2018-04
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The Specialized Knowledge in the Criminal Proof: From the Dominance of Power to the Bias of Cognition

Xie Shu;  
In 2012,based on the nature of the judicial expertise,Criminal Procedure Law made a number of related amendments. In judicial practice,however,the transformation from "expertise conclusion"to "expertise opinion"did not bring about substantial symbolic power concessions. The opinions of "people with specialized knowledge"came into a dilemma,and the related roles were confused. Behind the confusion is the interweaving and coupling of the "knowledge-power"discourse and the "cognition-behavior"theory carried by the "holistic proof model centered on the corroboration". In the micro-power network of criminal field,the interaction model between knowledge and power needs to shift from "dominance-domination"to"interactive relationship",in order to reduce judge's cognitive fluency,which prompts the judge to initiate rational cognitive system to monitor and revise perceptual cognitive behavior.
【Fund】: 国家“2011计划”司法文明协同创新中心研究项目;; 国家社科基金项目(15CFX028)“刑事错案的认知与行为法学研究”
【CateGory Index】: D925.2
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