在刑事审判中,似乎法官在定罪量刑时以事实为根据,以法律为准绳就必然能得出正确无误的判决。而实证考察的结果表明事实并非如此,法官定罪量刑、得出罪之有无的判决是发挥其主观能动性的过程,因此,除了法律规定和案件事实外,一些来自法官自身的诸如学历、心情等因素和外界因素如新闻媒体的介入、领导关注等都是影响法官判决的重要因素。这些因素虽然客观存在,但亦可能导致法官做出不公正判决。因此,可以通过采取完善法官素质的考核与培训制度、保障法官审判独立和个案审判监督科学化等措施进行制约。 In criminal trials, it seems that judges are based on facts in the process of conviction and sentencing, and judging from the law, it is inevitable that a correct judgment will be obtained. However, the results of the empirical investigation show that the fact is not so. Judges convicted and sentenced, and concluded that the guilty verdict is the process of giving play to their subjective initiative. Therefore, in addition to the legal provisions and the facts of the case, some judgments, such as academic qualifications, Factors and external factors such as news media intervention, leadership attention are all important factors that affect the judge’s decision. Although these factors are objective, they may also lead to unfair judgments by judges. Therefore, we can take measures to improve the quality of judges’ assessment and training system, guarantee the independence of judges and the scientific supervision of case trials.