以“注情重理”为重要特征的传统法律文化潜移默化地影响着我国现行刑事司法,并直接影响裁判的司法公信力。为实现裁判实质正义,要求法官在裁判理念上,树立个案公正的价值取向,实现法律效果与社会效果相统一;在诉讼程序上,加强审判程序公正公开,促进客观公正与主观公正相统一;在裁判方法上,加强自由裁量适用,实现司法逻辑与司法经验相统一。 The traditional legal culture characterized by “Emotional Emotion ” subtly affects the current criminal justice in our country and directly affects the judicial credibility of the referees. In order to realize the substantive justice of the referee, the judge is required to establish the fair value orientation of the case on the concept of referee so as to realize the unification of the legal effect and the social effect. On the litigation procedure, the procedure of fair trial should be open and fair, and the objective fairness should be unified with the subjectivity and fairness. Referee methods, to strengthen the application of discretion to achieve the judicial logic and judicial experience of unity.