回避事由扩张的合理性分析——以民诉中与律师存在特殊关系的法官应否回避为视角

An Analysis on the Rationality of Expanding the Challenge Causes——At the Viewing Angle of Judge should Evade or not while he has Special Relationship with Attorney

回避事由是整个诉讼回避制度的核心,是构建整个诉讼回避制度的基石。目前我国立法及司法解释有关回避事由的规定还很不完善。正确的做法是,当与案件代理律师之间存在"近亲属"或"同学、师生、战友、曾经同事"关系时,法官应回避;而若存在"朋友或好友"关系,则法官不应回避。此外,为了使回避事由的扩张现实化,还对回避事由扩张做了具体制度设计。

The challenge causes are the key item and also the foundation of the challenge system,have fully manifested challenge system s core value.At present it is imperfect about regulations of challenge causes in legislation and the judicial interpretation in China.It takes 'judge should evade or not while he has special relationship with attorney' as an angle of view,a judge should evade if he has special relationship as 'the near relative','schoolmate,teachers and students,comrade in arms,once colleague' with an...