What Is Proxy Avoidance?

The application for withdrawal means that when the person who should be evaded has a legal evasion situation but has not evaded himself, the parties and their litigants have the right to apply to the people's court and ask them to evade. The right to apply for withdrawal is one of the important litigation rights given to the parties and their litigation agents by law. The people's court has the obligation to inform the parties and their litigation agents of the trial organization of the case and their right to apply for withdrawal in accordance with legal procedures at the opening of the court. And ask if they apply for evasion. ^[1]

Judicial officers may not handle the case because of a special relationship with the case or the parties to the case. The purpose is to prevent malpractice or prejudice in favor of a fair trial of the case.

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According to Article 45 of the Civil Procedure Law, judges, clerks, translators, appraisers and

According to the provisions of Article 46 of the Civil Procedure Law: "A party who makes an application for withdrawal shall state the reason and submit it at the beginning of the trial; if the cause of the withdrawal is known after the trial has started, it may

Application for avoidance of header

State the name of the document "Application for Avoidance".

Apply to evade text

1. Basic information of the applicant. Pay attention to the following issues when filling in the basic information of the applicant:

(1) If the applicant is a natural person, state his name, gender, age, ethnicity, occupation or job

Avoidance application form

Unit and position, residence. If the domicile is different from the place of habitual residence, write the place of habitual residence; if the applicant is a legal person, write the name and domicile of the legal person, and write a separate line indicating the legal representative and its name and title; the applicant is an organization that does not meet the requirements of a legal person Or a personal partnership with a name, write down the name or size and address, and start a separate line with the main person in charge, his name and position; if the applicant is an individual business, write down the name, gender, age, Nationality, domicile; if there is a name, use brackets after the name to indicate "is the (...) owner".

(2) If there is a legal agent or a designated agent, the name, gender, occupation or work unit, position, and domicile should be listed, and the relationship with the applicant should be included after the name.

(3) If there is an authorized agent, the name, gender, occupation or work unit and position and residence shall be listed. If the agent is a lawyer, only the name, work unit and position shall be indicated.

2. Request matters

In this column, indicate the name of the person who requested the withdrawal, and the responsibilities in this case. For example, responsible for reviewing prosecutions, conducting trials, etc., or for recording, translation, or appraisal work in this case. Clearly put forward the request to replace the judge or the appraisal, translation, or clerk.

3 Facts and reasons

In this column, it is mainly stated why it should be avoided.

First, according to the relevant facts, it is explained that the judge in this case is either a close relative of a party, or has been a witness, expert, or defender in this case, or there is some kind of grudge relationship with the parties in this case. Shall not participate in the processing of this case.

Secondly, the relevant evidence should be enumerated, stating that the facts presented are correct and not fictitious.

Thirdly, relevant legal provisions should be cited, stating that the reasons stated in the application for avoidance have a legal basis. The reference of legal basis shall be specific, comprehensive and accurate. The quoted law should be written in its full name, such as the Civil Procedure Law of the People's Republic of China. The legal provisions cited should be specific to the terms.

Application for avoidance of tail

1. Specify the name of the people's court to be sent, that is, two lines, "sincerely" and "people's court".

2. At the bottom right of the text, the applicant should sign or seal it. If the applicant is a legal person or other organization, write down the name of the legal person or other organization, and its legal representative or principal responsible person should also sign.

3 Indicate the year, month, and day of the document.