STUDY ON CIVIL LITIGATION PSYCHOLOGY AND LEGAL IDENTITY FROM THE PERSPECTIVE OF EMOTIONAL BEHAVIOR REGULATION
Authors: Han Ziqiang , Gong Hao 
Published: July 2022

Background

With the expansion of social communication, people's behavior has been given greater social significance. The behavior choices of strangers are directly controlled by their own psychology. Therefore, it is necessary to analyze people's external behavior from a psychological perspective. With the popularization of this technology, its application field is more and more widely used in civil litigation in addition to crime detection. Followed by the debate about whether the psychological test conclusion can be used as evidence in civil litigation. Since the 19th century, the development of social psychology has provided a feasible research path for exploring the relationship between people's behavior and psychology. The research of social psychology shows that psychology is composed of the subject's cognition, motivation, purpose, emotion, attitude and other elements. These psychological elements have different structures and functions. They will participate in the process of psychological integration according to their unique regulations, exist and play a role under the unified control of the brain, and then affect the behavior of the subject. Of course, civil litigation activities with high sociality are no exception. The psychology of the parties has a strong dominant role in their litigation behavior. Positive litigation psychology is conducive to the settlement of civil disputes, while negative litigation psychology will also cause great obstacles to litigation activities. Therefore, whether judges or lawyers, only by deeply studying the litigation psychology of civil litigation parties, correctly grasping and using the litigation psychology of civil litigation parties, can we correctly apply the law and smoothly solve disputes. The research on the litigation psychology of the parties in civil litigation is a new research field. It is between procedural law and psychology and belongs to an important branch of social psychology. This study is mainly to analyze and explore the impact of the parties' litigation psychology on their litigation behavior, and how to use the relevant theories and knowledge of psychology in litigation activities to more effectively “stop litigation and disputes” through litigation activities to achieve the purpose of social harmony.

Subjects and Methods

Firstly, this paper expounds the application of psychological test in extraterritorial litigation. This paper points out that countries that accept psychological test conclusions as evidence in legislation still have disputes over the use of psychological test conclusions as evidence. The results of this study show that the development of psychological testing technology makes the conclusion of psychological testing can be connected with scientific and technological evidence from many aspects, and reliability is the premise of the admissibility of scientific and technological evidence. Its evidential effect is not only given by legislation, but also given by the psychological test agreement between the prosecution and the defense or both parties. There are a series of procedural provisions and reinforcement measures. Countries that do not accept psychological tests in legislation are mainly considered from the perspective of protecting the parties' “personal spiritual freedom” and “personality rights”. Secondly, this paper expounds the application of psychological test conclusions in China's judicial practice, and points out that although different places have different attitudes towards psychological test conclusions. Generally speaking, the application of psychological test is becoming more and more common, and its role can not be ignored. Then this paper expounds the principle and influencing factors of psychological test. This paper introduces the development of psychological testing and emphasizes the basic role of psychology in the introduction of the principle of psychological testing. This paper makes it clear that psychological testing must first comply with the laws of psychology. The essence of psychological test results is the level of emotional response reflected by physiological indicators. The object of psychological test is psychological trace, not a single index of attention, cognition, tension, reflection and so on. The psychological test conclusion is the subjective opinion made by the tester on the basis of the psychological test results, combined with the test process and the explicit performance of the tested person. Finally, it summarizes the influencing factors of psychological test, and emphasizes that the tester's factor is the first. Psychological test conclusion has the characteristics of expert conclusion and the “three properties” of evidence, so it has the ability of evidence. The test can only be used as indirect evidence, but its effectiveness can only be pointed out as indirect evidence.

Results

Compared with other social psychology research, the litigant's litigation psychology needs not only rich psychological knowledge, but also legal knowledge related to litigation, and these two disciplines are more professional. At present, China is building a society ruled by law and a harmonious society. Therefore, the analysis and Research on this problem is of great significance both in theory and in reality. Secondly, from the perspective of the litigation status, litigation process and litigation attitude of the parties, the litigation psychology of the parties in civil litigation is divided into different types, and their respective characteristics are analyzed. Third, it analyzes the reasons for the formation of the litigation psychology of the parties in civil litigation from two aspects: external reasons and internal reasons. The two kinds of factors interact and influence each other, which together constitute the inducing motivation of the litigation psychology of the parties. Fourth, through functional analysis, value analysis, system analysis and application analysis, this paper expounds the important role of the parties' litigation psychology in civil litigation activities. Finally, according to the results of the previous analysis and research, this paper puts forward the method of making full and appropriate use of psychological methods in civil litigation. The experimental results show that this method can correctly solve civil disputes and completely resolve the contradictions that are easy to intensify. This is of great significance for building a society ruled by law and realizing social harmony.

Conclusion

At present, the gap in law and the disorder of the market make the psychological test technology in a chaotic situation in the process of popularization and use. It is difficult to characterize the psychological test conclusion as evidence in a short time in law. However, psychological testing itself is scientific. The correct and careful use of this technology is indeed beneficial to solve some difficult civil disputes.