At present, experts always refer legal opinion to the court about the case that is being heard in the judicial practice. Will the legal opinion referred by the experts affect the judicial practice? If so, is the effect good or bad? Will it affect the judicial independence or justice? With these questions, the article mainly discusses the theoretical basis and realistic meaning of expert legal opinion, and puts forward the suggestions to consummate it in comparing it with the amicus curiae system of the USA. Concretely, the main part of the article is divided into for chapters. Chapter 1 mainly introduces the amicus curiae system, including its history, operation and value basis. Chapter 2 sums up the present state of expert legal opinion, such as background, character, function and operation, etc. Chapter 3 compares the two systems, points out the difference between them, finds out the problems consisting in the latter, and concludes the consulting meaning of the former. Chapter 4 is the emphasis of the article. After analyzing the...
|