“法庭之友”制度有着悠久的历史,它肇始于古罗马法,发展于英国普通法,而后移植到美国法中得以繁荣。该制度的设置及运作的价值在于“法庭之友”能够提供不被法院所了解的证据事实和法律意见,为法院作出公正判决提供帮助,从而体现了司法审判活动中的民主精神,有利于树立司法权在民众中的公信力。虽然随着社会政治经济的发展,对“法庭之友”中立性的要求已不复存在,但不可否认,该制度的存在仍然有助于实现其设计的初衷——为法庭带来忠告,其对于司法公正仍发挥着不可替代的作用。 The system of “friends of the Tribunal” has a long history. It originated in ancient Rome law, developed in common law in the United Kingdom, and then transplanted to the United States law for prosperity. The value of setting up and operating this system lies in the fact that “friends of the court” can provide evidence facts and legal opinions that are not known to the court and help the court make a fair judgment, thus reflecting the democratic spirit in judicial adjudication activities. There are Which will help to establish the credibility of the judicial power among the public. Although the demand for neutrality of the “friends of the courts” ceased to exist as the socio-political economy developed, it is undeniable that the existence of the system still contributes to the realization of the original intention of its design - to give advice to the courts , Which still plays an irreplaceable role in judicial justice.