A Study On The Localization Enlightenment Of Amicus Curiae

The "Amicus curiae" system means that during the litigations, the third person outside the case provides the facts relating to the case or elaborates legal opinions to the court after the initiative to apply or being invited by court and the parties. This system originated from Roman law, it flourished in the United States eventually and then be widely used in many countries and regions of the world. In the perspective of the "Amicus curiae" system of America, this paper uses some methods during the writing, like literature, legal interpretation, comparative analysis and so on.It focuses on its history, development and practice situation in the United States, and summes up the value of the system of reflecting judicial democracy and promoting fair referee.However in current judicial practice of China, the expert legal opinion is irregular, the public interest litigation system is imperfect and judges are lack in professional knowledge in cases. The malpractice of above can be solved by drawing and building the "Amicus curiae" system in line with China’s national conditions. Therefore, theanthor analyzes the feasibility of introducing the "Amicus curiae" system in different point of view, such as the institutional foundation, the basis of experience, practical source and so on. Also in order to promote the improvement of the judicial system, the anthor provides some superficial vision to construct the localization of "Amicus curiae" system, like the legislative arrangements for the subject, scope, start-up mode, pleadings norms, and so forth.