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The Influence Of Expert Legal Opinions On Trial

Posted on:2020-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:S L MaoFull Text:PDF
GTID:2416330572980951Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,expert legal opinions have appeared more and more frequently,and expert legal opinions may be involved in many cases.Expert legal opinions are authoritative analyses made by legal experts and scholars on controversial legal issues in cases.To a certain extent,it is also a direct manifestation of the trust of ordinary people in experts and scholars,and it is generated under the trend of public opinion.Legal experts are authoritative representatives,their expert legal opinions are more convincing and professional.Therefore,expert legal opinions will play a positive role in the trial of cases and can provide reference opinions for judges to hear cases.Legal experts and scholars have never stopped discussing and expressing their opinions on a certain case,but the court whether or not to accept the opinions of law experts and scholars and the extent to which it is adopted directly relates to the issue of whether expert legal opinions affect the independence of the trial and the relationship between expert legal opinions and judicial justice.Expert legal opinions have certain positive effects,the public needs expert legal opinions in the process of further understanding dispute cases and judicature.But what kind of expert legal opinions are conducive to the realization of judicial justice and how to form such opinions is the key to our research.Therefore,this article mainly from the aspects of Yu Huan case with Liu Yong case analysis,comparative expert legal opinions in two cases with the reasons for judgment of the case,analysis of the court's acceptance of expert legal opinions in these two cases,discusses the different influences of expert legal opinions in Yu Huan case and Liu Yong case,analyzes the differences between expert legal opinions in the two cases,and further discusses what kind of opinions of legal experts and scholars are conducive to the realization of judicial justice and are needed by the judiciary.This article is mainly divided into three parts: first,it summarizes the reasons of judgment before and after the Yu Huan case and Liu Yong case respectively;secondly,it compares expert legal opinions in the two cases with the reasons for changing the judgment of the case,analyses the acceptance of the opinions of experts by the courts in the two cases,and then expounds the differences between expert legal opinions in the two cases;lastly,from the perspective of the relationship between judicial justice and expert legal opinions,this paper makes a jurisprudential analysis of expert legal opinions in the two cases,and then analyses the value of expert legal opinions to judicial institutions,thus leading to discuss how the judiciary should face expert legal opinions,what kind of opinions of experts are needed in judicial practice,and how to form a scientific and reasonable opinions of experts and scholars.
Keywords/Search Tags:Expert legal opinions, Judicial trial, Judicial justice
PDF Full Text Request
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