问题 问答题

近年来在刑事案件的审理过程中,当事人一方或双方常常设法邀请一些领域内知名法律专家或学者,通过论证会的形式为案件出具专家法律意见书,以此来支持本方的观点,并试图影响法官的判决。此类现象经媒体的报道后,引起社会各界的广泛关注,有赞成者,有反对者,议论纷纷,莫衷一是。 请谈谈你对专家法律意见书的看法。 答题要求: 1.运用掌握的法学和社会知识解释你认为的观点和理由; 2.说理充分,逻辑严谨,语言流畅,表达准确; 3.要求不少于500字。

答案

参考答案:

解析:应当减少专家意见书的应用 诉讼过程中,由当事人一方邀请法律专家或学者,通过论证会的形式为案情出具的专家意见书,虽然可能起到一定的正面作用,但其负面影响也是重大的。因此应当减少专家意见书在诉讼中的应用。对此,可从专家意见书的性质、影响及其与司法独立、司法公正的关系等方面进行分析: 1.专家意见书的性质。根据我国的法律规定,专家意见书既不是书证和证人证,亦非鉴定结论,它不属于法律规定的7种证据形式中的一种,也就是说它不能作为证据在诉讼使用,不具有任何证据效力而只是一种学理解释。 2.专家意见书的影响。首先,从当事人的角度来看,其之所以热忱于专家意见书的原因对其自身诉讼利益的追求和一定程度上对司法的不信任,其主要目的在于这一方式来改变对自己不利局面。其次,从法官的角度来看,专家意见书对法官的自身素质,是一个巨大的考验,它既是一个“诱惑”,也是一个潜在危险,对其采纳与是否往往可能直接影响到裁判的结果。 3.专家意见书与司法独立和公正的关系问题。首先,专家意见书与司法独立的关系问题,关于司法独立的含义,学界见解不一,但其最基本的组成部分至少应包括司法权、法院的独立及法官的独立。具体来说,就是司法权在行使过程中完全自主不受外部因素,特别是政治系统的外来力量干扰。在诉讼过程中司法主体应是中立裁判者,不应受到外来力量的干扰。在专家意见书出现后,一方面专家意见书是经过学术权威的论证,同时学术权威本身又有广阔的人际关系网或是直接担任领导职务。另一方面,法官自身素质不高,害怕承担责任,也是专家意见书得以盛行的原因之一,最终往往是直接影响案件的判决,进而侵害了司法独立。 其次,专家意见书与司法公正关系问题。司法公正以司法独立为先决条文,以维护公民的合法权利为目标。基于专家意见书在诉讼的巨大作用,才为当事人执着追求。专家意见书作为一当事人聘请专家进行论证的结果,不管权威性和正确如何,都无法回避单方性。而社会地位、财力一般的当事人,更无能力获得专家意见书,必然凸显社会的阶层差距于矛盾,与“法律面前人人平等”的原则相违背。 总之,专家意见书在本质上是一种学理解释,但其对司法独立和司法公正够成了重大挑战,容易造成重大的负面影响。因此,应当在诉讼中减少专家意见书的应用。

阅读理解

It was January lst, the first day of the year and a holiday for me.I went to the bank to get the bank work out of the way. The bank clerk nodded and I sat in front of him.  He was busy filling up entries in his register.

I put my form and booklet in front of him.After waiting for a few more minutes, in which I showed all signs of being impatient, I asked him if my work was done. He shouted, "Nothing is done, and it will take time ! "

Just then I saw his morning cup of tea, which had been lying there for the last ten minutes, untoucheD.The tea had turned almost cold while he was doing his work.Suddenly I felt what this man must be feeling  when customers like me come always in a hurry to get their work done. We do not even feel the need to thank them for being there.

So I told him, "Sir, please have your teA.I am not in a hurry. " This man suddenly looked up at me and for the first time we had eye contact.I saw a different person there, who was as hard-pressed for time as I always am.

I saw both of us sailing in the same boat. I felt that he was also missing the small things in life like a hot cup of tea or lying in a warm bed for a few more minutes like me.He gave me a rare smile and said, "It is an everyday affair with me; you are not in a hurry but somebody else will be.

He really touched my heart with his wise words. I felt that all this time I thought of him as someone who was there for my convenience, but today I suddenly felt a strange communion with him. I vowed(郑重宣布) to be friendly with people who help me with my work and be thankful that they are there for me.

小题1:Which of the following is NOT true of the writer?

A.He works in the bank as a clerk, too.

B.He went to the bank to do some business.

C.He was touched by the untouched cup of tea.

D.He got annoyed after waiting a few minutes.小题2:What can we learn about the bank clerk?

A.He hated to work on a holiday .

B.He didn't like his work in the bank.

C.He was under great work pressure.

D.He communicated well with his customers.小题3:What can you learn from the underlined sentence in Paragraph 5?

A.He was sometimes in the similar situation.

B.They once sailed in the same boat.

C.They expected to sail in the same boat.

D.He's too busy to sail in a boat, too.小题4:The writer's attitude towards the bank clerk might be that of    .

A.tolerance

B.gratitude

C.sympathy

D.satisfaction小题5:What does the text try to tell us?

A.To be patient with your customers

B.Helping others is helping yourself

C.To be thankful to those who help you.

D.It is our duty to do things for others

选择题