专家法律意见与司法公正

司法实践中,法学专家接受司法机关的邀请参与案件论证并出具专家意见,有利于案件的公正审理;但如果接受一方当事人邀请参与论证案件,由于存在利害关系并缺乏程序保障,很难保证专家意见的客观性和中立性。当事人可以将专家意见纳入代理意见或辩护意见,但不应将专家意见出具给法官,以免影响法官的独立判断。

On Opinion of Jurisprudential Scholar and Judicial Impartiality

In judicial practice, opinions of jurisprudential scholar, which provided by legal experts through participating in argumentation of cases on invitation of judicature. However, when legal experts take part in the debate of cases on invitation of one party, it will be difficult to them to ensure the objectivity and neutrality of the legal opinions, because of the common interests and lack of due procedure. The legal opinion may be changed into defense or attorney opinion, however, should not be provided to the judge lest affect the independent determination of the judge.