Article 44. The judicial personnel shall handle the case impartially and in accordance with the law.
The judicial personnel shall not accept a treat or gift of the parties of their agents ad litem.
Any judicial personnel who commits embezzlement, accepts bribes, practices malpractice for personal benefits or perverts the law in making judgment shall be pursued for legal responsibility; if a crime is constituted, the offender shall be investigated for criminal responsibility according to law.
CHAPTER IV WITHDRAWAL
Article 45. A member of the judicial personnel in any of the following circumstances must withdraw, and the parties to the case shall also have the right to request, orally or in writing, that he withdraw.
The relevant circumstances are:
(1) he is a party or a near relative of a party to the case or a near relative of an agent ad litem in the case;
(2) he has a personal interest in the case; or
(3) he has some other relationship with a party to the case that could influence the impartial handling of the case.
The above provisions shall also apply to clerks, interpreters, expert witnesses and inspectors.
Article 46. When a party requests the withdrawal of a member of the judicial personnel, he shall explain the reason for this request and submit the request at the beginning of the proceedings; the request may also be submitted before the end of court debate if the reason for the withdrawal becomes known only after the beginning of the proceedings.
Pending a decision on withdrawal by the people s court, personnel who has been requested to withdraw shall temporarily suspend his participation in the proceedings of the case, but with the exception of cases that require the adoption of emergency measures.
Article 47. The withdrawal of a court president who serves as the presiding judge shall be decided by the judicial committee; the withdrawal of judicial personnel shall be decided by the court president; the withdrawal of other personnel shall be decided by the presiding judge.
Article 48. The decision of a people s court on a request for withdrawal shall be made orally or in writing within three days after the request was made. If a party is not satisfied with the decision, it may apply for reconsideration which could be granted only once. During the period of reconsideration, personnel who has been requested to withdraw shall not suspend his participation 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 V PARTICIPANTS IN PROCEEDINGS
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.
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