公正是法的应有之义,它是贯穿于法的整个运行过程的基本价值。公正不仅仅是立法的追求,“徒法不足以自行”.一部法律,重要的是实践,也就是司法过程。如果说在法的制定过程中,并非人人都能公正、平等地参与的话.在法律的运行中,人人则应平等地受到法的保护与制约。法的调节社会的功能离不开司法主体的运作,法的公正性也有懒于司法主体在实践后的实现,所以,司法的公正性不但必要,而且重要。 笔者试从我国的司法现状,如何达到公正司法的目标等问题作一初探。 一、我国目前司法现状的弊端 随着立法的逐步完善,我国的司法状况大有好转。但是,现实的情况离司法公正这一目标仍有相当的距离。 （一）权大于法,司法过程的行政化相当严重 Justice is the proper meaning of law. It is the basic value that runs through the whole process of law. Justice is not just the pursuit of legislation, but “law is not enough.” A law is important in practice, that is, in the judicial process. If we say that not everyone is able to participate fairly and equally in the process of lawmaking, everyone should be equally protected and controlled by the law in the operation of the law. The function of law to regulate society can not be separated from the operation of judicial subject. The fairness of law is also lazy to the realization of judicial subject after practice. Therefore, the impartiality of justice is not only necessary but also important. I try to judge from the current situation of our judiciary, how to achieve the goal of fair administration and so on. First, the shortcomings of the current judicial status quo in our country With the gradual improvement of legislation, the judicial situation in our country has greatly improved. However, the reality is still far from the goal of judicial fairness. (A) the power is greater than the law, the administration of justice process is quite serious