How to Cognize by Judge: under the “Second-Order Theory”, and Negotiate with Professor Yan Chaoxiu

There are two successive thinking ways of cognition and feeling during judicial process,whose positive movement between them has an important impact on the judgment. We discover that the emotional,value and experience penetrate inevitably in the judicial cognition element,object and process under this“second order theory”. Professor Yan Chao-xiu thought that we should remove the value beliefs’ impact on judicial cognition,this viewpoint is inconsistent with “second-order theory” on much ways.