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Chapter IV Withdrawal
第四章 回 避
"Article 45 A judicial officer shall of himself withdraw from the case, and the parties thereto shall be entitled to apply orally or in writing for his withdrawal in any of the following circumstances: "
第四十五條 審判人員有下列情形之一的，必須回避，當事人有權用口頭或者書面方式申請他們回避：
(1) he being a party to the case or a near relative of a party or an agent ad litem in the case;
（一）是本案當事人或者當事人、訴訟代理人的近親屬；
(2) he being an interested party in the case;
（二）與本案有利害關系；
"or (3) he having some other kind of relationship with a party to the case, which might affect the impartiality of the trial."
（三）與本案當事人有其他關系，可能影響對案件公正審理的。
"The above provisions shall also apply to clerks, interpreters, expert witnesses and inspection personnel."
前款規定，適用于書記員、翻譯人員、鑒定人、勘驗人。
"Article 46 In applying for the withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings; "
第四十六條 當事人提出回避申請，應當說明理由，在案件開始審理時提出；
the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin.
回避事由在案件開始審理后知道的，也可以在法庭辯論終結前提出。
"Pending a decision by the people's court regarding the withdrawal applied for, the judicial officer concerned shall temporarily suspend his participation in the proceedings, with the exception, however, of cases that require the taking of emergency measures."
被申請回避的人員在人民法院作出是否回避的決定前，應當暫停參與本案的工作，但案件需要采取緊急措施的除外。
Article 47 The withdrawal of the presiding judge who is president of the court shall be decided by the judicial committee; the withdrawal of judicial officers shall be decided by the court president; and the withdrawal of other personnel by the presiding judge.
第四十七條 院長擔任審判長時的回避，由審判委員會決定；審判人員的回避，由院長決定；其他人員的回避，由審判長決定。
Article 48 The decision of a people's court on an application made by any party for withdrawal shall be made orally or in writing within three days after the application was made.
第四十八條 人民法院對當事人提出的回避申請，應當在申請提出的三日內，以口頭或者書面形式作出決定。
"If the applicant is not satisfied with the decision, he may apply for reconsideration which could be granted only once. "
申請人對決定不服的，可以在接到決定時申請復議一次。
"During the period of reconsideration, the person whose withdrawal has been applied for shall not suspend his participation in the proceedings."
復議期間，被申請回避的人員，不停止參與本案的工作。
The decision of a people's court on the reconsideration shall be made within three days after receiving the application and the applicant shall be notified of it accordingly.
人民法院對復議申請，應當在三日內作出復議決定，并通知復議申請人。
