What is the object to be avoided in criminal cases?

Legal analysis: 1, time limit for applying for withdrawal. According to the legislative purpose of the challenge system, the challenge application can be made at all stages of the investigation, prosecution, trial and other proceedings. For example, in the trial stage, when the people's court is in session, the presiding judge should inform the parties that they have the right to apply for withdrawal from the collegiate bench, the clerk, the public prosecutor, the expert witness and the translator. After the parties know their rights, they can immediately apply for the withdrawal of the relevant personnel.

Legal basis: 2. Review and decision of withdrawal. According to the regulations, the withdrawal of judges, prosecutors and investigators should be decided by the president, the procurator-general and the person in charge of the public security organ respectively; The withdrawal of the president is decided by the judicial Committee of our hospital; The withdrawal of the procurator-general and the person in charge of the public security organ shall be decided by the procuratorial committee of the people's procuratorate at the same level. In addition, the withdrawal of recorders, translators and appraisers involved in investigation activities is decided by the person in charge of the public security organ at or above the county level. The withdrawal of clerks, judicial police, translators and appraisers hired or appointed by the people's procuratorate to participate in inspection activities shall be decided by the chief procurator. The withdrawal of clerks, translators and appraisers who participate in judicial activities shall be decided by the president of the people's court. When discussing the withdrawal of the procurator-general, the procuratorial committee shall be presided over by the deputy procurator-general, and the procurator-general shall not participate. When discussing the withdrawal of the president, the judicial committee shall be presided over by the vice president, and the president shall not participate.

3. Reconsideration of the decision to reject the application for withdrawal. China's criminal procedure law stipulates that the parties and their legal representatives may apply for reconsideration once for the decision to reject the application for withdrawal. However, the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that "the application for withdrawal that does not belong to the circumstances listed in Articles 28 and 29 of the Criminal Procedure Law shall be rejected by the court and no reconsideration shall be applied". The author believes that this judicial interpretation conflicts with the provisions and spirit of the law.