The Civil Procedure Law of People's Republic of China (PRC) also has special provisions on withdrawal. The reasons for the withdrawal of judges, clerks, translators, appraisers and inspectors and the reasons for the parties to apply for withdrawal are basically the same as those stipulated in the Criminal Procedure Law. When a party applies for withdrawal, it shall explain the reasons. Before the court makes a decision on whether to withdraw, the person who has been applied for withdrawal shall suspend his participation in the case, unless the case requires emergency measures. The court shall make a decision orally or in writing within 3 days of applying for withdrawal. If the applicant refuses to accept the decision, he may apply for reconsideration once after receiving the decision. During the period of reconsideration, the person who applies for withdrawal will not stop participating in the work of this case. The court shall make a reconsideration decision within 3 days and notify the applicant for reconsideration.
Article 28 of China's Criminal Procedure Law clearly stipulates that prosecutors who have an interest in the case or have other relations that may affect the impartial handling of the case should "voluntarily withdraw"; According to this legal principle, Article 20 of the Criminal Procedure Law of the People's Procuratorate further clearly stipulates that if a prosecutor finds one of the above situations in the process of accepting reports and handling cases, "he shall voluntarily withdraw; If the people's procuratorate does not voluntarily withdraw, it shall decide to withdraw in accordance with the provisions of Article 23 of these rules, and the parties and their legal representatives have the right to ask them to withdraw "; For the phenomena and personnel who should be avoided but not avoided, Article 16 of the Interim Measures for the Appointment and Avoidance of Public Prosecutors adopted by the 65th session of the Ninth Procuratorial Committee of the Supreme People's Procuratorate on July 4, 2000 stipulates that "criticism and education, organizational adjustment or corresponding disciplinary action shall be given according to the circumstances".
The bigger problem is that according to the law and the regulations of the Supreme People's Procuratorate, there are three kinds of withdrawal situations: I voluntarily apply for withdrawal, the parties apply for withdrawal, and the superior leaders and organs request withdrawal. Among them, the active avoidance of case-handling organs and personnel is put in the first place by law, that is to say, the law takes this as the obligation of judicial organs and judicial personnel to emphasize norms, with the intention of restraining judicial organs from avoiding suspects themselves to ensure procedural justice.
principle
Article 19 Public procurators who are related by husband and wife, lineal consanguinity, collateral consanguinity within three generations and close in-laws shall not hold the following positions at the same time:
(a) the chief procurator, deputy chief procurators and members of the procuratorial committee of the same people's procuratorate;
(2) the chief procurator, deputy chief procurators, procurators and assistant procurators of the same people's procuratorate;
(3) Procurators and assistant procurators in the same business department;
(4) Procurators-General and Deputy Procurators-General of people's procuratorates at lower and higher levels.
Article 20 After leaving the People's Procuratorate, a public prosecutor may not act as an agent ad litem or a defender for two years. After leaving the People's Procuratorate, a public prosecutor shall not act as an agent ad litem or defender of the case handled by the original procuratorate. A prosecutor's spouse or children shall not act as agents ad litem or defenders in handling cases in the procuratorate where they belong.