司法公正是整个社会都非常关心的问题。法院作为唯一行使审判权的国家机关,应当在适用法律处理案件的专门活动中,在过程和结果中体现公平、正当、正义。当今的审判靠人来实行,部分法官对自己的职业和身份缺乏敬畏;根深蒂固的“有罪推定”“疑罪从有”观念;证据运用粗糙,证明标准认定完全主观化;对权力的滥用和误用以及对正当程序原则的忽视等等这些因素都是损害公正审判的主观因素。 Judicial fairness is a matter of great concern to society as a whole. As the only state organ that exercises the power of the court, the court should demonstrate fairness, justice and fairness in the process and result in the special activities that apply to the law in handling cases. Today’s trial is carried out by people, and some judges are in awe of their profession and identity. Deep-rooted concepts of “presumption of guilt” and “existence of suspected crimes”; Rough use of evidences; Substantive subjectification of standard of proof; The abuse and misuse of these principles and the neglect of due process principles are all subjective factors that undermine fair trial.