DocumentNo. Fa Zhengfa [2000] No.5
The expiration time is 0:00:00.
Full text of the Supreme People's Court's provisions on judges' strict implementation of the challenge system
In order to ensure judicial justice, according to the People's Court Organization Law, Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law,
And other relevant laws, the following provisions are made on the withdrawal system of judges and related issues:
Article 1 A judge shall recuse himself under any of the following circumstances, and so shall the parties and their legal representatives.
Have the right to ask them to avoid:
(1) Being a party to the case or having lineal blood relatives, collateral blood relatives and in-laws within three generations.
Yes;
(2) He or his close relatives have an interest in the case;
(3) Having served as a witness, expert witness, inspector, defender or agent ad litem in this case;
(4) Having the relationship of husband and wife, parents, children or brothers and sisters with the agent ad litem or defender in this case.
Yes;
(five) I have other interests with the parties to the case, which may affect the fair handling of the case.
Article 2 If a judge is under any of the following circumstances, the parties and their legal representatives have the right to request withdrawal.
Relevant evidential materials shall be provided:
(1) Meeting the parties to the case and their agents or defenders without approval;
(2) recommending or introducing agents, defenders or lawyers to the parties to a case.
Handling cases;
(3) accepting the property and other benefits of the parties to the case and their clients, or demanding the parties and their clients.
The trustee reimburses the expenses;
(4) Accept banquets from the parties to the case and their clients, or participate in various activities at their own expense.
Yes;
(5) Borrowing money, vehicles, communication tools or other articles from the parties to the case and their clients.
, or accept the benefits given by the parties and their clients in purchasing goods and decorating houses.
Article 3 A judge who participated in the trial of this case in the trial procedure may not participate in the trial of this case again.
The trial proceedings against him.
Article 4. Judges and other court staff serve as agents ad litem or defenders within two years after leaving office.
The people's court does not allow it; Judicial personnel and other court staff will be tried as the court of first instance after leaving office for two years.
Where an agent ad litem or defender raises an objection because the other party thinks it may affect a fair trial,
The people's court shall support and shall not allow court retirees to act as agents ad litem or defenders. But when?
Unless the person's close relatives or guardians represent him in litigation or defense.
Article 5 The spouses, children or parents of judges and other court staff shall serve as judges of this court.
The people's court shall not allow agents ad litem or defenders to represent cases.
Article 6 The people's court of second instance, based on the findings or the reports of the parties, agents ad litem and defenders, considers that
The people's court of first instance tried one of the cases listed in Articles 1 to 3 of these Provisions, which was verified through investigation.
The original judgment should be revoked. Send it back to the people's court that originally tried for retrial.
Article 7 If a party, agent ad litem or defender thinks that a judge has violated these provisions, he may appeal to the court.
The court discipline inspection and supervision department or other relevant departments report. The department that accepts the report shall deal with it in time, and there are
Feedback to reporters.
Article 8 A judge fails to take the initiative in accordance with the law in any of the circumstances specified in Articles 1 to 3 of these Provisions, knowing that it is his own behavior.
To meet the requirements of the application for withdrawal or deliberately not to make a decision on withdrawal, in accordance with the "people's court trial and discipline department"
Measures (Trial) "shall be punished.
The judge knows that the agent ad litem and the defender have the circumstances stipulated in Articles 4 and 5 of these Provisions, so
If a correct decision is not made, it shall be implemented according to the provisions of Article 24 of the Measures for Trial and Disciplinary Actions of People's Courts (for Trial Implementation).
Will be punished.
Article 9 The judicial personnel mentioned in these Provisions refer to presidents, vice presidents and members of judicial committees of people's courts at all levels.
The president, vice-presidents, judges and assistant judges.
The term "other court staff" as mentioned in these Provisions refers to the staff who occupy the administrative establishment of the court.
The withdrawal of people's jurors, clerks, translators, judicial experts and inspectors shall refer to the trial.
Execute the relevant contents of the withdrawal of the sentenced person.
In the process of execution, the withdrawal of the person subjected to execution shall be implemented with reference to the relevant contents of the withdrawal of the judge.
65438+2000 10 month