在刑事审判中,法官在定罪量刑活动中似乎是在充分考虑案件事实和法律规定,严格按照“以事实为根据,以法律为准绳”的原则,机械地运用三段式理论推理的基础上得出公正无误的判决的。然而,实证考察表明事实并非如此。法官的定罪量刑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,法官情感起着重要作用。 In the criminal trial, the judge appears to be taking full account of the facts of the case and the law in the criminal conviction and sentencing. In strict accordance with the principle of “based on the facts and the law as the criterion”, the judge applies mechanically the basis of three-stage theoretical reasoning On the fair and equitable verdict. However, empirical evidence shows that this is not the case. Judge’s sentencing and sentencing process is the process of dialogue between heart and brain, which is the process of coordination between rational and non-rational conflicts. In this process, judge’s emotion plays an important role.