民事诉讼法条英文版(9)

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(2)He has a personal interest in the case; or

(3)He has some other relationship with a party to the case, which could influence the impartial adjudication.

The above provisions shall also apply to clerks, interpreters, expert witnesses, and examiners.

Article 46 When a party makes a request to disqualify an adjudicator, he shall make an explanation and submit the request at the beginning of the proceedings; a request for recusal may also be submitted before the end of court debate if the recusal reason is uncovered after the proceeding begins.

If a recusal decision is waiting for a people’s court to decide, the personnel who have been requested to be disqualified shall temporarily be suspended from participating in the proceedings, but with the exception of cases that require emergency measures.

Article 47 The recusal of a court president who serves as the presiding judge shall be decided by the adjudicating committee; the recusal of adjudicators shall be decided by the court president; the recusal of other personnel shall be decided by the presiding judge.

Article 48 The decision of a people’s court on a request for recusal shall be made orally or in writing within three days after the request was made. If a party is not satisfied with a recusal decision, it may apply for reconsideration once. During the period of reconsideration, the personnel who have been requested to be disqualified shall not be suspended from participating in the proceedings. The decision of a people’s court on an application for reconsideration shall be made within three days after receiving the application and the person who has made the application for reconsideration shall be notified of the decision.

Chapter 5 Litigation Participants

Section 1 Parties

Article 49 Any citizen, legal person or any other organization may become a party to a civil lawsuit.

Legal persons shall be represented by their legal representatives in litigation. Other organizations shall be represented by their principal leading personnel in litigation.

Article 50 The parties shall have the right to appoint representatives, request recusals of adjudicating personnel, collect and provide evidence, engage in debate, request mediation, file an appeal, and apply for an enforcement of judgments.

The parties may consult the materials relating to the court proceedings of the case and copy the materials and other legal documents pertaining to the case. However, materials involving state secrets, trade secrets, or the private affairs of individuals shall be exceptions.

The parties must exercise their litigation rights according to the law, observe litigation procedures and carry out legally effective written judgments or orders and mediation statements.

Article 51 The two parties may reach a settlement agreement on their own.

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