民事诉讼法条英文版(8)

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If a people’s court at a lower level deems it necessary for a civil case of first instance under its jurisdiction to be tried by a people’s court at a higher level, it may request such a people’s court to adjudicate the case.

Chapter 3 Trial Organization

Article 40 Civil cases of first instance shall be tried in a people’s court by a collegial bench consisting of both judges and assessors or of judges alone. The numbers of members of a collegial bench shall be odd.

Civil cases to which summary procedure is applied shall be tried by a single judge alone.

When carrying out their duties as assessors, the assessors shall have equal rights and obligations as the judges.

Article 41 Civil cases of second instance shall be tried in a people’s court by a collegial bench of judges. The numbers of members of a collegial bench shall be odd.

For the retrial of a remanded case, the people’s court of first instance shall form a new collegial bench according to the procedure of first instance.

If a case for retrial was originally tried at first instance, a new collegial bench shall be formed according to the procedure of first instance; if the case was originally tried at second instance or was removed to a people’s court at a higher level for trial, a new collegial bench shall be formed according to the procedure of second instance.

Article 42 The president of the court or the chief judge of a division shall designate a judge to serve as the presiding judge of the collegial bench; if the president or the chief judge participates in trial, he himself shall serve as the presiding judge.

Article 43 When deliberating a case, a collegial bench shall observe the principle of minority obeying majority. The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial bench. The dissenting opinions in the deliberations shall be truthfully recorded in the transcript.

Article 44 The adjudicating personnel shall handle the case impartially and according to law.

The adjudicating personnel shall not accept a treat or gift from the parties or their agents.

Any adjudicating personnel who commits embezzlement, accepts bribes, practices favoritism for himself or relatives, twists the law in rendering judgment shall be investigated for legal responsibility; if a crime is committed, the offender shall be investigated for criminal responsibility according to law.

Chapter 4 Recusal of Adjudicating Personnel

Article 45 Any member of the adjudicating personnel in any of the following circumstances shall be disqualified, and the litigation parties shall also have the right to request, orally or in writing, such an adjudicator to be withdrawn from this case. The relevant circumstances are:

(1)He is a party or a near relative of a party or a near relative of a litigation representative to the case;

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