Study On Legist's Opinion Paper From The Law Angle

It elucidates that the knowledge represents a kind of effect, a kind of strength in the modern society with the rise of legist's opinion. Some people want to take the legist's reputation, academic standing, professional knowledge to influence verdict. In some cases'inquisition, the legist's opinion operates a function really from the substantial evidence angle. For the common people with a glimmer of hope, they will make great effort to win the action. In more understanding, it shows that the people in society have the superstition of legist's authority because the condition of law executed and the professional capacity of judiciary executives now can't get the parties enough trust, so they have to find another way, for example, in virtue of the power from society to influence judicial organ. In my opinion this is the key sticking point problem. This paper probes the issues focused on legist's opinion shallowly, then analyzes the definition character, function, influence, law position of legist's opinion. Then get the conclusion that the legist opinion paper is only just a kind of academic opinion which operates a reference function, and it has no law binding force to law court. As a result it can't make bad side-effect to judicial independence. The power of affirming fact and applying law are still in the court .We should have legist's opinion legislated and supervised it by giving duties on legists, and then legist opinion paper will be positive on judicatory justice. In addition to reference and conclusion, this paper is divided into 4 parts with more than 32,000 words.The first part mainly learns concept of legist opinion paper and introduces the different ideas about legist opinion paper. Meanwhile the paper also analyses the character of legist opinion paper and its distinguish from related definitions, then get the conclusion that it is not the legal evidence, so it can't conduct and settle case of basis because it is just a kind of scholar's personal opinion.The second part is the academic analysis on legist's opinion. It mainly learns the effect of legist's opinion, the elitism that the legist's opinion shows, and its influence upon the judicatory.The third part discusses the realistic rationality and proper procedure that legist's opinion has under the circumstance in current China society. We should develop its positive effect, repress its negative effect, and carry it to develop our law country.The fourth part analyzes the problem and key sticking point of the legist's opinion paper and points out some rough and concrete measures to regulate the legist's opinion, mainly including the way how did legist point out the law opinion, when did the legist opinion showed out and the proceeding of legist's opinion paper.