诉讼动机是原告提起诉讼和参加诉讼活动的内在动因。以动机是否具有合法性为标准,诉讼动机可以分为决意诉讼、无意诉讼、刻意诉讼、恶意诉讼和故意诉讼。识别诉讼动机,法官要具备擅于观察、人际交往、认知说服和情绪调节等能力。法官应正确应对诉讼中出现的偏见和逆反心理,准确引导当事人进行利弊关系的衡量和得失选择。针对不当诉讼和违法诉讼,法官还应以明辨是非的司法洞察力,惩处不法诉讼。 Litigation motivation is the plaintiff’s lawsuit and litigation activities to participate in the internal motivation. To motivate whether the legitimacy of the standard, the motivation can be divided into deliberative litigation, unintentional litigation, deliberate litigation, malicious litigation and deliberate litigation. Identify the motivation of litigation, the judge should have good at observation, interpersonal communication, cognitive persuasion and emotional adjustment and other capabilities. The judge should correctly deal with the prejudice and rebellious psychology appearing in the litigation and accurately guide the parties to weigh the pros and cons of the relationship and gain or lose choice. For improper litigation and illegal actions, judges should also punish illegal actions based on judicial judgments that are right and wrong.