Lawyer's agency avoidance system

Legal subjectivity:

Avoidance refers to a system that judges and other relevant personnel avoid litigation according to law when there is a situation that may affect the fair trial of a case. The challenge system is one of the basic principles of modern litigation system, which is of great significance for ensuring the correct exercise of judicial power, ensuring judicial justice and eliminating the doubts of the parties. Next, let's take a look at the legal knowledge related to Bian Xiao. I hope Bian Xiao can help you. How does the law define the challenge system? 1. Article 44 of the Civil Procedure Law stipulates that recusal applies to: judges, clerks, translators, expert witnesses and inspectors. According to the Provisions of the Supreme People's Court on Several Issues Concerning the Implementation of the System of Judge's Withdrawal in Litigation, it includes presidents, vice presidents, members of judicial committees, presidents, vice presidents, judges, assistant judges, people's jurors, clerks and executors of people's courts at all levels. 2. The reason for the judge's withdrawal is that he has a specific identity relationship with the parties or agents ad litem, has an interest in the case, or has other relationships that may affect the fair trial of the case. As long as the judge has one of the following circumstances, the parties may apply for withdrawal: (1) privately meet with one of the parties to the case and their agents ad litem and defenders; (2) Recommend or introduce agents ad litem or defenders for the parties, or introduce lawyers or other personnel to handle cases; (3) Asking for or accepting property or other benefits from the parties to the case and their clients, or asking the parties and their clients to reimburse expenses; (4) Accepting loans from the parties and their trustees, borrowing vehicles, communication tools or other articles, or soliciting or accepting benefits from the parties and their trustees in purchasing commodities and decorating houses; (five) there are other misconduct, which may affect the fair trial of the case. (6) Being a party to the case or having close relatives with the party; (seven) I or a close relative has an interest in the case; (8) Having served as a witness, interpreter, expert witness, inspector, agent ad litem or defender in this case; (9) Having the relationship of husband and wife, parents, children or brothers and sisters with the agent ad litem or defender in this case; (10) has other interests with the parties to the case, which may affect the fair trial of the case. 3. Avoidance methods and decision-making power avoidance can be divided into self-avoidance and application avoidance. Voluntary withdrawal refers to the system that judges and others think that there is a relationship between themselves and the case that may affect the fair trial of the case and voluntarily withdraw from the trial of the case in accordance with the law. Application for withdrawal refers to the system that the parties have the right to apply to the court for withdrawal from litigation because they think that the judge and other circumstances will affect the fair trial of the case. If a party applies for withdrawal, it shall explain the reasons and put forward it at the hearing; If the reasons for withdrawal are known after the trial of the case begins, they may also be put forward before the end of the court debate. Before the people's 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 people's court shall make a ruling orally or in writing within three days after the application is filed. 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 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. When implementing the challenge system, we should not only protect the litigant's litigation rights, eliminate their reasonable doubts and ensure the fair trial of the case, but also avoid and punish the malicious application for challenge, ensure the smooth progress of the lawsuit and further improve the litigation efficiency and judicial credibility. The above is the explanation of the relevant legal knowledge about "avoidance" brought by Bian Xiao. 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