The Introduction Of The "amicus Curiae" System

Roman law already has record "amicus curiae", and it first be applied to judicial practice by England, but the United States use "amicus curiae" system into a more mature system by a large number of judicial precedents. "amicus curiae" system already has been fully developed in the common law. In the international field, the WTO dispute settlement mechanism,the European Union, the International Court of Justice, international marine court, etc., to varying degrees the use of the "amicus curiae" System. The primary value of "amicus curiae" system lies in the ability to provide unknown the facts and legal advice for the Court, helping Court extended the source of evidence, accurately identified the fact, , correctly applied the law, make a fair judgment. At the same time, this system also reflect the spirit of democracy, fully express the public opinion, enhance the public trust in the judiciary, so as to enhance the authority of the judiciary. But in reality of the judicial practice, expert legal opinion paper is controversial, identification system have some inherent defects, public interest litigation in an embarrassing position, repeatedly damaged in the WTO dispute settlement mechanism, urgently need for the establishment of a formal expert advice for providing and adoption system. While the specification mechanism of the "amicus curiae" system can effectively solve the above problems.This article is divided into five sections:The first part as overview of the "amicus curiae" system .It defined the meaning of the "amicus curiae" system, describing characteristics of the "amicus curiae" system, establishing theoretical basis of the "amicus curiae" system, describing differences of the "amicus curiae" system and related system, and so on.The second section describes operating conditions of the "amicus curiae" system abroad.The third part is the necessity and feasibility of the introduction of the "amicus curiae" system.Part IV is about some questions and solutions of the introduction of "amicus curiae" system . The fifth section describes operating mechanism of the "amicus curiae" system, first determining legislative models of the "amicus curiae" system—making legal of the "amicus curiae" System in the three procedural law. In the future, the time is ripe, we can prepare a dedicated line law, to achieve full specification of the "amicus curiae" System. Then it is specific programs to building China's "amicus curiae" system. It contain the person who can act as amicus curiae, the start mechanism, the adoption of mechanism, the supervision mechanism, and the major rights and obligations.