1. What are the legal provisions for applying for the withdrawal of a judge?
If a judge has a significant relationship with the case and affects the notarization of the case, he shall withdraw, and the parties may also apply for the withdrawal of the judge.
Legal provisions of the system of withdrawal of judges
In order to ensure judicial justice, according to the relevant provisions of the Organic Law of the People's Court, the Criminal Procedure Law, the Civil Procedure Law, the Administrative Procedure Law and the Supreme People's Court's "Several Provisions on Strictly Implementing the Judge's Challenge System", the judge's challenge system has the following provisions:
The parties and their legal representatives have the right to ask for the withdrawal of a judge: a judge should withdraw under any of the following circumstances, and the parties and their legal representatives also have the right to ask for his withdrawal.
(1) Being a party to the case or having lineal blood relatives, collateral blood relatives and in-laws within three generations;
(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;
(5) I have other interests with the parties to this case, which may affect the fair handling of the case.
Two, the parties and their legal representatives have the right to request withdrawal conditions:
If a judge is under any of the following circumstances, the parties and their legal representatives have the right to request withdrawal, but they shall provide relevant evidence.
(1) Meeting the parties to the case and their agents or defenders without approval;
(2) recommending or introducing agents or defenders for the parties to a case, or introducing lawyers or other personnel to handle the case;
(3) accepting property and other benefits from the parties to the case and their clients, or asking the parties and their clients to reimburse expenses;
(four) accept banquets or participate in various activities by the parties to the case and their clients at their own expense;
(5) Borrowing money from the parties to the case and their clients, borrowing vehicles, communication tools or other articles, or accepting the interests of the parties and their clients in purchasing goods and decorating houses.
Three. The power to decide the withdrawal of judges.
The withdrawal of the president as the presiding judge shall be decided by the judicial Committee; The withdrawal of the judge is decided by the president; The withdrawal of other personnel shall be decided by the presiding judge.
Time limit for making a decision on withdrawal and reconsideration: the people's court shall make a decision orally or in writing within three 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 people's court shall make a reconsideration decision on the application for reconsideration within three days and notify the applicant for reconsideration.
The withdrawal system of judges has been mentioned in the three major procedural laws in China. The personnel who decide to withdraw the judge and the president shall be decided by the judicial Committee; The withdrawal of the judge is decided by the president; The withdrawal of other personnel shall be decided by the presiding judge.
Therefore, if a judge meets the conditions for withdrawal, the parties concerned have the right to apply for withdrawal, but they should provide relevant evidential materials. Therefore, if it is necessary to withdraw, the law stipulates that if the president is the presiding judge, then the judicial Committee decides whether to withdraw, the president decides whether to withdraw from the judge, and the presiding judge decides whether to withdraw from other personnel.