The Research Of Amicus Curiae In America Judicial System

Text: The early use of the device is still preserved in the standard definitions,and may be found today in such sources as Corpus Juris Secundum.As Abbott's Dictionary of Terms and Phrases describes it,the is: A friend of the court.A term applied to a bystander,who without having an interest in the cause,of his own knowledge makes suggestion on a point of law or of fact for the information of the presiding judge.Holthouse's Law Dictionary,of older vintage,puts it in even more stately fashion: When a judge is doubtful or mistaken in matter of law,a bystander may inform the court thereof as amicus curiae.Counsel in court frequently act in this capacity when they happen to be in possession of a case which the judge has not seen or does not at the moment remember.As scholars indicate,it is very difficult to provide a comprehensive definition of this notion,since its features and functions have varied according to the historical moment and the country in which these amicus curiae interventions have been accepted.The origin of this notion is found in Roman law,where a court was provided with “legal information that was beyond its notice or expertise.” As time passed,amici curiae were no longer passersby intervening in a process on their own initiative.Namely,in the United Kingdom the intervention of amicus curiae has,in most cases,required an invitation from the court.The "Friends of the Court" system in the United States was confirmed by the court in 1821 by jurisprudence.Since then,due to the development of the US social economy,the courts have become more and more complicated.The judges have been unable to conduct comprehensive and in-depth understanding and investigation ofspecial cases with their own knowledge and relatively limited resources of the court.Therefore,more and more in various fields Organizations and individuals with professional knowledge are involved in the case as “friends of the court”.With the development of the US court system,the “Friends of the Court” has gradually expanded its rights in the courts,gradually transforming from the initial neutral third party to a platform for interest groups to express their opinions.The "Friends of the Court" appeared as a neutral third party in the trial.It was intended to assist the judges in trials and improve the efficiency of the courts.However,whether the continuous expansion of their rights has already had the situation of "striking the soldiers",and whether excessive intervention in the trial will be against the original trial.The influence of the rights of the parties is an issue worth exploring.In combination with the judicial environment of our country,the “Friends of the Court” can fully express the views of the people.Their participation can make the court hear the bluntness of the public on certain issues,and thus can help to make up for the deficiencies in the trial.The participation of “Friends of the Court” in the trial mechanism can also help reduce the public's suspicion of the court,thereby enhancing the public's confidence in the court itself and in the judgment.The available information and information obtained from “Friends of the Court” will help broaden the analytical basis of judges and courts on relevant issues,thereby reducing the court's mistakes in discovering facts and reasoning analysis and helping the courts to make decisions in the ruling.Reasonable interpretation of the article and correct determination of the rights and obligations of the parties,thereby improving the quality of the judgment.Judging from the system design of "Friends of the Court",the "Friends of the Court" system first protects the rights of litigants,allows them to fully express their opinions,proposes rebuttals,etc.Secondly,"friends of the court" The individual or interest group whose identity appears can fully express its dissent,which largely reflects the different voices of the society and makes the public's interests properly expressed.Therefore,it is a manifestation of democracy to some extent.On the other hand,there is no right and there is no judicial or judicial process.Similarly,in the judicial process,the judicial power established by citizens,legal persons and other organizations without the basis of independence and freedom can only be a dictatorial or authoritarian system.The practice process of human judicial democracy is also the process of the party's litigation rights expansion,which means that the "Friends of the Court" maximizes democracy while safeguarding and expanding the litigant's litigation rights.This paper studies the origin,development,and operation of the "Friends of the Court" system in detail,and combines the judicial practice of our country to try to find the possibility of legal reference.The first chapter mainly introduces the historical origin of the "Friends of the Court" system;Chapter 2,Chapter 4,Chapter 4,introduces in detail the types of US "Friends of the Court" system,legislative provisions,and pleadings to court decisions from three perspectives.The fifth chapter analyzes the "friends of the court" system in the United States;the sixth chapter considers the "friends of the court" system in the United States through the combination of judicial practice in China.Through the introduction of foreign excellent systems and the problems encountered in China's judicial practice,I hope that I can use the stone of other mountains to provide new ideas for China's judicial reform.