亲属的范围与审判人员的回避——评《最高人民法院关于审判人员严格执行回避制度的若干规定》

Categories of Kinsfolk and Their Withdrawal as Judges

我国程序法中有司法人员不能处理其亲属案件的回避制度。为了保证司法公正 ,减少当事人疑虑 ,最高人民法院专门针对审判人员严格执行回避制度 ,作出了若干规定。但一些规定有必要进一步探讨 :遇有哪些亲属需要回避不够明晰 ;

The system of withdrawal that judges should not deal with the legal case of their relatives is stipulated in the Procedural Law of China.In order to ensure the judicial justice and avoid suspicions of the parties concerned,the Supreme People's Court has made out a number of provisions to enforce the system of judges' withdrawal.However,it is necessary to make further discussion as to some provisions.For example,the provision that what kind of relatives should withdraw is not clearly defined.In addition,the expressions of some provisions are liable to be misunderstood.