​The notion of "recusal” under China procedural law

The notion of "recusal” under China procedural law
 
The notion of "recusal" is known as "Huibi" in Chinese law. It refers to withdrawing judges and other court officials from a case owing to suspected conflicts of interest or prejudice. The Chinese Code of Civil Procedure states that a judge must recuse oneself if they are related to a party participating in the case, have a personal interest in the result of the case, or have a connection with a party that might impact their capacity to remain impartial. Parties in a dispute may request that a judge disqualify themself, and judges who breach recusal regulations may suffer legal ramifications.
 
The Chinese Code of Civil Procedure also requires parties to disclose grounds for a recusal request, which must be made at the start of a case or as soon as the cause for recusal becomes apparent. If a judge is requested to recuse themself, they must withdraw from the case until a judgment is reached, unless emergency circumstances exist. It also specifies who is in charge of making recusal decisions, with the top judge of a court deciding for lower-level officials and the judicial committee deciding for the chief judge.
 
 
Lastly, Article 47 of the Chinese Civil Procedure Law specifies a timetable for determining recusal determinations. Recusal petitions must be responded to within three days, and parties may seek one review of the decision. Judges requested to recuse themselves may continue to work on the case throughout the review period but must withdraw if the reconsideration is granted.
 
Ultimately, the Huibi practice protects the Chinese court system's legitimacy by ensuring that judges stay impartial and unbiased. This contributes to public faith in the judicial system and guarantees that justice is administered fairly and justly.