The Research Of "AmicusCuriae" System

There is no doubt that “Amicus Curiae” literally means the friend of the court.The “Amicus Curiae” system is a litigation system which has a long history. Itoriginated from Roman Law, then first be applied to judicial practice by England andfully developed in America. Recently, as the globalization, The “Amicus Curiae”system is widely used in international court to solve the international dispute. It bringsthe democratic spirit into the court during the judgment to restrict and limit theabsolutization of the judicial power. It has a significance for our judicial reform incollect and optimize the public opinions. Within our judicial system, there are manysystems similar to “Amicus Curiae” system. But they also have some differences. Inthis paper, we focus on construct the “Amicus Curiae” system of China based on ourown judicial system. We try to pinpoint the function, the subject and scope ofapplication, the operational procedure of the system to make up the deficiency of ourjudicial system.Therefore, we will use some methods to study the “Amicus Curiae” system, likedocuments, legal interpretation, comparative analysis and so on. This paper is dividedinto four parts. Firstly, briefly introduce the “Amicus Curiae” system from its origin,development, value basis, the similarity and differences to other systems. Secondly,analyzes the necessity and feasibility of bring the “Amicus Curiae” system in China.Thirdly, introduce the“Amicus Curiae” system in other countries, and what we canlearn from that. Lastly, make a plan for localizing the “Amicus Curiae” system tomake it fit for China.