Witnesses should not be subject to the recusal system.

According to article 28 of the Criminal Procedure Law, relevant investigators, procurators, adjudicators, evaluators, and translators shall recuse themselves in any of the following circumstances: 、、、 who have served as witnesses, evaluators, defenders, or litigators in the case

This question c is controversial.

This is because the conditions for the appointment of witnesses stipulate that "a witness cannot be a participant in the proceedings at the same time". "Other litigation participants" refers to litigation participants other than parties who participate in litigation based on the circumstances of the case and the needs of the litigation, including legally-designated persons, litigants, defenders, witnesses, evaluators, and translators.

The answer to this question is correct, but option C cannot be called a recusal system.

I have the same doubts as you......

Witnesses are not applicable to the recusal system in litigation, and none of the three major procedural laws in China provides for the recusal of witnesses. According to article 44 of the "Civil Procedure Law", adjudicators shall recuse themselves in any of the following circumstances, and the parties have the right to apply for their recusal orally or in writing: (1) they are parties to the case or close relatives of the parties or litigants; (2) They have an interest in the case; (3) They have other relationships with the parties to the case or litigants that might impact the fair trial of the case.

Where adjudicators accept hospitality and gifts from parties or litigants, or meet with parties or litigants in violation of provisions, the parties have the right to request their recusal. Where adjudicators have the conduct provided for in the preceding paragraph, they shall be pursued for legal responsibility in accordance with law. The provisions of the preceding three paragraphs apply to clerks, translators, evaluators, and inquest personnel.

In accordance with Article 28 of Chapter 3 of the Criminal Procedure Law, adjudicators, procurators, or investigators shall recuse themselves in any of the following circumstances, and the parties and their legally-designated persons also have the right to request their recusal: (1) they are parties to the case or close relatives of the parties; (2) The person or his close relatives have an interest in the case; (3) Served as a witness, evaluator, defender, or litigator in the case; (4) They have other relationships with the parties to the case that might impact the fair handling of the case. Article 29: Adjudicators, procurators, and investigators must not accept hospitality or gifts from parties or persons retained by them, and must not meet with parties or persons entrusted by them in violation of provisions.

Where adjudicators, procurators, or investigators violate the provisions of the preceding paragraph, legal responsibility shall be pursued in accordance with law. The parties and their legal persons have the right to request their recusal. According to Article 55 of the "Administrative Litigation Code", a party has the right to apply for the recusal of the adjudicator if he admits that he or she has an interest in the case or has other relationships that might affect the fairness of the trial.

Adjudicators who feel that they have an interest or other relationship with the case shall apply for recusal. The provisions of the preceding two paragraphs apply to clerks, translators, evaluators, and inquest personnel. The recusal of the court president when serving as the chief judge is to be decided by the adjudication committee; The recusal of adjudicators is to be decided by the court president; The recusal of other personnel is to be decided by the chief judge.

If the parties are not satisfied with the decision, they may apply for a reconsideration once.

Legal analysis: Witnesses are not applicable to the recusal system in litigation, and witness testimony is subject to the rules of evidence system. The recusal system refers to a legal system in which the people's courts' leading cadres and judges, judges in adjudication and enforcement positions, due to blood relatives, in-laws, or positions, shall lawfully recuse judges themselves, their spouses, or children from holding positions.

Legal basisArticle 72 of the Civil Procedure Law of the People's Republic of China All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying.

A person who cannot express his meaning correctly cannot testify.

Legal analysis: The recusal system is not applicable to witnesses, but the testimony given by witnesses who have an interest in one of the parties or its ** person cannot be used alone as the basis for determining the facts of the case.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 44: The recusal system in civil litigation applies to adjudicators, clerks, translators, evaluators, and inquest personnel.

Article 72: All units and individuals who know the circumstances of a case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying.