民事诉讼法(17)

作者:admin

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2014-9-25 09:23

前款规定,适用于书记员、翻译人员、鉴定人、勘验人。
"The above provisions shall also apply to clerks, interpreters, expert witnesses and inspection personnel."

第四十六条 当事人提出回避申请,应当说明理由,在案件开始审理时提出;
"Article 46 In applying for the withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings; "

回避事由在案件开始审理后知道的,也可以在法庭辩论终结前提出。
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.

被申请回避的人员在人民法院作出是否回避的决定前,应当暂停参与本案的工作,但案件需要采取紧急措施的除外。
"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."

第四十七条 院长担任审判长时的回避,由审判委员会决定;审判人员的回避,由院长决定;其他人员的回避,由审判长决定。
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.