第四章 回 避

Chapter IV Withdrawal¹

 

第四十五条 审判人员有下列情形之一的，必须回避，当事人有权用口头或者书面方式申请他们回避：

"Article 45 A judicial² officer shall of himself withdraw from the case, and the parties thereto shall be entitled to apply orally or in writing for his withdrawal in any of the following circumstances: "

 

（一）是本案当事人或者当事人、诉讼代理人的近亲属；

(1) he being a party to the case or a near relative of a party or an agent ad litem in the case;

 

（二）与本案有利害关系；

 (2) he being an interested party in the case; 

 

（三）与本案当事人有其他关系，可能影响对案件公正审理的。

"or (3) he having some other kind of relationship with a party to the case, which might affect the impartiality³ of the trial."

 

前款规定，适用于书记员、翻译人员、鉴定人、勘验人。

"The above provisions shall also apply to clerks, interpreters, expert witnesses and inspection⁴ personnel."

 

第四十六条 当事人提出回避申请，应当说明理由，在案件开始审理时提出；

"Article 46 In applying for the withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings⁵; "

 

回避事由在案件开始审理后知道的，也可以在法庭辩论终结前提出。

the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin.

 

被申请回避的人员在人民法院作出是否回避的决定前，应当暂停参与本案的工作，但案件需要采取紧急措施的除外。

"Pending⁶ a decision by the people's court regarding the withdrawal applied⁷ for, the judicial officer concerned shall temporarily suspend his participation⁸ in the proceedings, with the exception, however, of cases that require the taking of emergency measures."

 

第四十七条 院长担任审判长时的回避，由审判委员会决定；审判人员的回避，由院长决定；其他人员的回避，由审判长决定。

Article 47 The withdrawal of the presiding judge who is president of the court shall be decided⁹ by the judicial committee; the withdrawal of judicial officers shall be decided by the court president; and the withdrawal of other personnel by the presiding judge.

 

第四十八条 人民法院对当事人提出的回避申请，应当在申请提出的三日内，以口头或者书面形式作出决定。

Article 48 The decision of a people's court on an application made by any party for withdrawal shall be made orally or in writing within three days after the application was made. 

 

申请人对决定不服的，可以在接到决定时申请复议一次。

"If the applicant¹⁰ is not satisfied with the decision, he may apply for reconsideration which could be granted only once.  "

 

复议期间，被申请回避的人员，不停止参与本案的工作。

"During the period of reconsideration, the person whose withdrawal has been applied for shall not suspend his participation in the proceedings."

 

人民法院对复议申请，应当在三日内作出复议决定，并通知复议申请人。

The decision of a people's court on the reconsideration shall be made within three days after receiving the application and the applicant shall be notified of it accordingly.

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