On The Introduction Of The "amicus Curiae" System In China's Judicial Reform

"Friend of the court"refers to a neutral onlooker who is not invited. In this study, friend of the court is a person or entity, who has no direct interest in the dispute, submits reports, makes legal statement or provides evidence to court. Friend of the court originated from Rome Law, and it was developed and improved during its use in the legal environment of both British laws and American law, and at present it is widely used in European courtiers and some international courts. However, there is little knowledge and research on it in China, let alone to introduce friend of the court into China. The author of this study believes that introduction of friend of the court into China is of great significance to improvement of China's legal environment, and it will definitely promote China's ongoing legal reform. The study provides in-depth analysis on feasibility and necessity of"friend of the court"by briefly introducing evolution of"friend of the court"and its practice in foreign countries, and recommends methods and plans for implementing"friend of the court"in China. The author hopes recommendation can be of help for China's legal reform.The study consists of four parts. The first part briefly introduces the evolution of"friend of the court", and its use in the US, UK and the EU; The second part explains the impact of"friend of the court"on China's legal reform; The third part analyzes the feasibility and necessity of"friend of the court". Necessity of introducing"friend of the court"is elaborated in the following four aspects: it supplements evidence, it provides knowledge for the judge, it improves public litigation and it promotes China's legal reform. China's current judgment is a systemic foundation for introducing"friend of the court"and it also serves as a platform. What's more, the existing legal appraiser which is to great extent similar to"friend of the court"and professional legal position paper make the introduction of"friend of the court"into China possible. The last part recommends methods and plans for localizing and amending"friend of the court"to make it fit for China: to adopt the"reasonable core"of the American law and the"workable shell"of the European Union law. A external system including litigation law, evidence law and professional position paper regulation is also designed.