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随着我国法治进程的不断推进,新生法律事物层出不穷,“专家法律意见书”便是一例。其中将专家法律意见书推到风口浪尖引起全国瞩目的是辽宁省高级人民法院对刘涌涉嫌黑社会罪案件进行的终审审判中出现的一份专家意见书。当然,它的出现一开始便引来众多非议。我们究竟应如何正确地理解这个现象?如何客观地评价这个现象?本文将从它的存在是否具有正当性的角度来探讨这个问题,希望能够帮助我们更清楚地认清它的本质。
With the continuous progress of the rule of law in our country, there are an endless stream of emerging legal matters. An example is the “expert opinion of law”. Among them, the expert opinion will be pushed to the cusp of the spotlight and attracted the attention of the whole country. It was an expert opinion letter issued by the Higher People’s Court of Liaoning Province during the final trial on the suspected triad crime case of Liu Yong. Of course, its emergence at the very beginning attracted many criticisms. How can we correctly understand this phenomenon? How to appraise this phenomenon objectively? This article will explore this question from the perspective of its existence is justified, hoping to help us understand its essence more clearly.