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On The Prohibition Of The Court To Receive The Submission Of Legal Experts

Posted on:2010-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:F Y WuFull Text:PDF
GTID:2166360275959009Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The submission of legal experts is a general legal situation in the current, and it highly with Chinese characteristics. It is raised from the reality that the professional quality of our judges is insufficient. Its purpose is to compensate for the insufficiency of judges' professional quality and ensure judicial justice. However, the submission of legal experts causes stress and impact for the judges after submitting them to the court. It also has suspicion that it perverts judicial justice and judicial independence in practice. The motives of submitting the submission of legal experts, its procedural problems and objectivity have been questioned and even criticized. A series of tit-for-tat ideas about the situation of legal expert' submissions appear in the academic sector.There is value if a legal situation has two sides of influences. This article starts with the social background of the submission of legal experts. It describes the status from the legal nature of the submission, its practical application and the influence. It also refutes some opinions of scholars. And it compares foreign similar systems with the submission of legal experts. Finally, it comes to the conclusion that the law shall prohibit the court to receive the submission of legal experts.
Keywords/Search Tags:the submission of legal experts, judicial justice, amicus curiae, expert witnesses
PDF Full Text Request
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