To ensure a fair trial of the case, the courts of China have established a Withdrawal system, which is that when the judicial personnel encounters the relevant legal situation, they must apply　for withdrawal in order to not participate in the trial of the case. If you are involved in civil procedure, following content on the application for withdrawal will help you to understand this system, an relevant requirements and procedures can help safeguard your legitimate rights and interests. Please read carefully.

1. Please Pay Attention to the Time for Withdrawal Application

An application for withdrawal shall be made at the beginning of the hearing of the case. If the case　of withdrawal is known after the trial begins,　it may be put forward during the trial, but must be brought forward before the end of the court debate.

2. The Circumstances in which Judicial Personnel Should Withdraw from the Case themselves

2.1 If he has lineal relative, collateral relatives within three generations or a marriage relationship with the party involved in the trial of the case or the party concerned;

2.2 If he or his near relatives are invested in the trial of the case;

2.3 If he has served as a witness, an appraiser, an inspector, a defender or a litigation representative in the trial of the case; 　　

2.4 If he is the couple, parent, child, or sibling with the attorney ad item or defender involved the trial of the case; 　　

2.5 If he has other interests relating to the parties involved in the trial, which may affect the impartiality of the case.

If judicial personnel have not withdrawn from the case themselves, the parties concerned may apply to have the personnel concerned to withdraw from the case.

3. The Circumstances that the Parties Concerned May Apply for the Judicial Personnel Concerned to be withdrawn from the Case:

3.1 If judicial personnel met with one party or his agent or the defender in private without permission;

3.2 If judicial personnel recommended or introduced an agent or a defender to the party involved in the trial of the case, or introduce the case to lawyers and other personnel; 　　

3.3 If judicial personnel accepted the property or other interests from the party or the person entrusted involved in the trial of the case, or ask the party and the person entrusted to reimburse the expenses;

3.4 If judicial personnel accepted the banquets from the parties and the persons entrusted, involved in the trial of the case, or participate in the activities paid for by them; 　　

3.5 If judicial personnel borrowed money, vehicles, communication tools, or other items from the parties and the persons entrusted involved in the trial of the case, or accepted the benefits given by the party concerned and the person entrusted in the purchase of goods, housing decoration, and other aspects.

4. Acceptance of an Application for Withdrawal

Your application for withdrawal will be reviewed by the court within three days and you will be informed of the decision. If you are not satisfied with the decision of the court, you may apply for a reconsideration at the same time as you get the decision. The court shall come to a decision of the application for reconsideration within three days and you will be informed of the decision.

5. Legal Liability for Improperly Exercising the Right of an Application for Withdrawal

For the purpose of protecting your litigation rights, application for withdrawal is set as a procedural right. If, in order to achieve other improper purposes, your application for withdrawal lacks clear facts and legal basis, which leads to the suspension of the case, the court, while rejecting the application, make those who abused the right bear the adverse consequences subject to litigation costs and attorney fees transfer mechanism.