Consult the law masters, the recusal provisions for the production of evidence 20

Updated on society 2024-04-22
2 answers
  1. Anonymous users2024-02-08

    For judicial evaluators, if there are any of the following legal provisions that require recusal, but only after the application of the parties is required, the court generally does not take the initiative to recuse the judicial evaluator. In addition, you can appeal to the court of second instance on the grounds that you violated legal procedures and affected the correct judgment of the case.

    Code of Civil Procedure

    Article 45: In any of the following circumstances, adjudicators must recuse themselves, and parties have the right to apply for their recusal orally or in writing:

    1) is a party to the case or a close relative of a party or litigant;

    2) Have an interest in the case;

    3) Have other relationships with the parties to the case that might impact the fair trial of the case.

    The provisions of the preceding paragraph apply to clerks, translators, evaluators, and inquest personnel.

    Article 48: People's courts shall make a decision orally or in writing on a party's application for recusal within 3 days of the application being submitted. If the applicant is not satisfied with the decision, he or she may apply for a reconsideration once upon receipt of the decision. During the period of reconsideration, the person subject to the application for recusal does not stop participating in the work of the case.

    The people's court shall make a reconsideration decision within three days of an application for reconsideration and notify the applicant for reconsideration.

    Article 152:Second-instance people's courts shall form a collegial panel for appellate cases, and ** hear them. After reading the case file and investigating, questioning the parties, and after the facts have been verified clearly, the collegial panel finds that it is not necessary to conduct a trial, it may also make a judgment or ruling.

    Second-instance people's courts hearing appeals may do so in that court, or may do so at the location of the original people's court where the case occurred.

    188. The people's court of second instance may make judgments and rulings in accordance with the provisions of Article 152 of the Civil Procedure Law in the following appeal cases:

    1) Cases in which the first instance has made a ruling on inadmissibility, rejection of the prosecution and jurisdictional objections;

    2) Cases in which the appeal request submitted by the parties is obviously unsustainable;

    3) Cases in which the facts found by the original judgment were clear, but the application of law was erroneous.

    4) Cases in which the original judgment violated legal procedures and might affect the correct judgment of the case, and it is necessary to remand for a new trial.

  2. Anonymous users2024-02-07

    If you have evidence to prove that the appraisal is wrong or there are sufficient grounds to suspect it, you can raise an objection to the appraisal and request a new appraisal or ask the court to appoint another appraisal agency for appraisal. Personally, I think that as long as your friend can prove that there is a strong relationship between the other party and the hospital, he should be able to overturn the conclusion of the evaluation.

    See Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings

    Article 28: Where one party has retained an appraisal conclusion made by a relevant department on its own, and the other party has sufficient evidence to refute it and apply for a new evaluation, the people's court shall permit it.

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