In Accordance With The Statutory Situation, Labor Disputes Can Be Applied For Adjudicator "Avoidance".

Recently, the pony was unhappy because of the lifting of the labor relationship between his unit. He was worried about how to solve this problem. He suddenly remembered his old uncle, Lao Zheng, who was the logistics worker of the office of the labor and personnel dispute arbitration office in this district.

So the pony will tell Uncle Lao Zheng about the origin of the labor dispute.

Lao Zheng and Xiao Ma said that although I am not an arbitrator, I usually have a good relationship with a few arbitrators. It is suggested that the pony can bring a labor arbitration in the court of this district. At the time, he can help "call out".

The pony felt as if it were winning the battle, and immediately commissioned a lawyer to refer to the unit for arbitration of labor disputes.

After the case was accepted by the court of arbitration, the case was immediately assigned to the veteran Liu.

After receiving the notice of arbitration, the pony immediately informed the uncle Lao Zheng about the information of the arbitrator.

Lao Cheng also used his own identity as an arbitration officer to have dinner with Lao Liu.

Lao Liu thought of his old colleagues to have a meal together, nothing special, and readily agreed.

Unexpectedly, at the dinner table, there were not only Lao Zheng, but also a pony in the case.

During the dinner, Lao Zheng told the case of the pony with Lao Liu, an arbitrator, and asked Lao Liu to help him.

Lao Liu did not refuse to accept it, nor did he agree.

Later, Liu asked the unit's arbitration committee to "evade" the application, and asked for no longer to hear the case of the pony.

This can make old Zheng He pony silly, did not expect this "hello", but let the arbitrator apply for "avoidance".

What is the "avoidance" system in the labor dispute resolution? The author will give you a brief introduction.

According to the thirty-third provision of the "labor dispute mediation and Arbitration Law of the People's Republic of China", "the arbitrator shall be evaded in any of the following circumstances, and the party shall have the right to make an application for evasion in oral or written form: (1) the party concerned in the case or the near relatives of the party or the agent; (two) having an interest in the case; (three) having other relations with the parties and agents in the case, which may affect the impartial verdict; (four) privately meeting with the parties, agents, or accepting the gifts of the parties or agents.

The labor dispute arbitration committee shall make timely decisions on the application for withdrawal and notify the parties in oral or written form.

In addition, there are similar provisions in the civil procedure law and the administrative procedure law.

Legal interpretation [2011] No. 12] further clarified: "the judicial personnel should avoid their own circumstances in one of the following situations: the parties and their legal representatives have the right to apply for their avoidance in oral or written form: (1) they are the parties to the case or have close relations with the parties concerned; (two) they or their close relatives are interested in the case; (three) they have served as witnesses, plators, appraisers, agents, attorneys and defenders in the case; (four) there are husband and wife, parents, children or siblings in relation to the litigation agents and defenders of the case; (five) there are other interests between the two parties in the case (five), which may affect the fair trial of the case. In 2011, the Supreme People's Court promulgated and promulgated the provisions on some issues concerning the adjudication system of judicial personnel in litigation activities.

The close relatives referred to in these Provisions include relatives with husband and wife, direct blood relatives, collateral relatives within three generations and close relatives.

In the provisions on some issues of adjudicating system of adjudication in litigious activities, it is not only limited to the interests of the adjudicating cases, but also clearly applied to some improper acts.

(two) recommending, introducing litigants, defenders, or handling cases for lawyers or other persons for the purpose of the case; (three) obtaining and accepting the property and other interests of the parties and their trustees, or asking the parties and their trustees to reimburse the expenses; (four) accepting the banquets of the parties and their trustees, or attending various activities that are paid by them; (five) borrowing money from the parties and their trustees in the case, borrowing the means of pport, means of communication or other articles, or obtaining and accepting the benefits of the parties and their trustees in the purchase of commodities, decoration houses and other aspects; and (six) other improper acts may affect the fair trial of the case. For example, if a party or his statutory agent finds that a judge has violated the provisions, he shall have the right to apply for withdrawal if he or she has any of the following circumstances: (1) privately meet the party and his agent ad litem and defenders;

In practice, there are two ways to avoid adjudicative evasion.

One is self avoiding.

The self adjudicative officer considers that he has a statutory reason for avoidance, thereby initiatively making a request for withdrawal.

The self adjudication of the adjudicative personnel shall be made to the departments having decision-making power.

For example, in labor dispute arbitration, whether the arbitrator is evaded or not shall be decided by the chairman of the Arbitration Commission, and the self - withdrawal of the director of the arbitration commission when acting as arbitrator shall be decided collectively by the Arbitration Commission.

In the court trial procedure, the adjudication of the president of the court when he is acting as the presiding judge is decided by the judicial committee. The withdrawal of the judicial personnel is decided by the president of the court, and the withdrawal of other personnel is decided by the presiding judge.

The two is to apply for withdrawal.

The party considers that the adjudicative officer shall have the right to withdraw and shall have the right to ask for the application of the adjudicative officer to withdraw.

Litigants raised

The reasons should be explained and put forward before the first hearing.

If the reason for avoidance is known after the first hearing, it may be submitted before the end of the final court debate.

The application for withdrawal by the parties may be made in writing or in oral form.

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