The collegial panel must have an odd number of members.

适用简易程序审理的民事案件，由审判员一人独任审理。

Civil cases in which summary procedure is followed shall be tried by a single judge alone.

陪审员在执行陪审职务时，与审判员有同等的权利义务。

"When performing their duties, the judicial assessors shall have equal rights and obligations as the judges."

第四十一条 人民法院审理第二审民事案件，由审判员组成合议庭。

Article 41 The people's court of second instance shall try civil cases by a collegial panel of judges.

合议庭的成员人数，必须是单数。

The collegial panel must have an odd number of members.

发回重审的案件，原审人民法院应当按照第一审程序另行组成合议庭。

"For the retrial of a remanded case, the people's court of first instance shall form a new collegial panel in accordance with the procedure of first instance."

审理再审案件，原来是第一审的，按照第一审程序另行组成合议庭；

" If a case for retrial was originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; "

原来是第二审的或者是上级人民法院提审的，按照第二审程序另行组成合议庭。

"if the case was originally tried at second instance or was brought by a people's court at a higher level to it for trial, a new collegial panel shall be formed according to the procedure of second instance."

第四十二条 合议庭的审判长由院长或者庭长指定审判员一人担任；院长或者庭长参加审判的，由院长或者庭长担任。

"Article 42 The president of the court or the chief judge of a division of the court shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in the trial, he himself shall serve as the presiding judge."

第四十三条 合议庭评议案件，实行少数服从多数的原则。

"Article 43 When deliberating a case, a collegial panel shall observe the rule of majority. "

评议应当制作笔录，由合议庭成员签名。

"The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel."

评议中的不同意见，必须如实记入笔录。

Dissenting opinions in the deliberations must be truthfully entered in the transcript.

第四十四条 审判人员应当依法秉公办案。

Article 44 The judicial officers shall deal with all cases impartially and in accordance with the law.

审判人员不得接受当事人及其诉讼代理人请客送礼。

The judicial officers shall not accept any treat or gift from the parties or their agents ad litem.

审判人员有贪污受贿，徇私舞弊，枉法裁判行为的，应当追究法律责任；构成犯罪的，依法追究刑事责任。

"Any judicial officer who commits embezzlement, accepts bribes, engages in malpractice for personal benefits or who perverts the law in passing judgment shall be investigated for legal responsibility; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to the law."

第四章 回 避

Chapter IV Withdrawal

第四十五条 审判人员有下列情形之一的，必须回避，当事人有权用口头或者书面方式申请他们回避：

"Article 45 A judicial officer shall of himself withdraw from the case, and the parties thereto shall be entitled to apply orally or in writing for his withdrawal in any of the following circumstances: "

（一）是本案当事人或者当事人、诉讼代理人的近亲属；

(1) he being a party to the case or a near relative of a party or an agent ad litem in the case;

（二）与本案有利害关系；

 (2) he being an interested party in the case;

（三）与本案当事人有其他关系，可能影响对案件公正审理的。

"or (3) he having some other kind of relationship with a party to the case, which might affect the impartiality of the trial."

前款规定，适用于书记员、翻译人员、鉴定人、勘验人。

"The above provisions shall also apply to clerks, interpreters, expert witnesses and inspection personnel."

第四十六条 当事人提出回避申请，应当说明理由，在案件开始审理时提出；

"Article 46 In applying for the withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings; "

回避事由在案件开始审理后知道的，也可以在法庭辩论终结前提出。

the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin.

被申请回避的人员在人民法院作出是否回避的决定前，应当暂停参与本案的工作，但案件需要采取紧急措施的除外。

"Pending a decision by the people's court regarding the withdrawal applied for, the judicial officer concerned shall temporarily suspend his participation in the proceedings, with the exception, however, of cases that require the taking of emergency measures."

第四十七条 院长担任审判长时的回避，由审判委员会决定；审判人员的回避，由院长决定；其他人员的回避，由审判长决定。

Article 47 The withdrawal of the presiding judge who is president of the court shall be decided by the judicial committee; the withdrawal of judicial officers shall be decided by the court president; and the withdrawal of other personnel by the presiding judge.

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