Jul 10, 2016 04:26
7 yrs ago
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Chinese term

回避

Chinese to English Law/Patents Law (general) 被告申请审判人员回避的权利
根据中华人民共和国刑事诉讼法, 第28条之规定,被告人在庭审中,, 如果认为本合议庭的组成人员, 书记员, 公诉人有下列情形,之一, 与本案有厉害关系,可能影响案件公正审判,有权申请回避。

请问回避在这里如何翻译

我用的是, the defendants are entitled to apply for the replacement of members of collegiate bench, should members of the collegiate bench, registrar and public prosecutors have fallen in one of the following categories, which may have stakes in this case, which may impact upon the just trial of this case.

application of replacement of members of collegiate bench.

Thanks
Proposed translations (English)
3 +2 recuse
4 +1 Excuse (oneself)
4 +1 Withdraw

Discussion

tanglsus Jul 10, 2016:

避免利益冲突为所要阐明的关键点: 原文将涉及利益冲突人员的自行回避与被回避行为混为一谈,属病句。
David Lin Jul 10, 2016:
Australian usage is "excused". See this link. http://www.courts.justice.nsw.gov.au/Pages/cats/jury_service...
tanglsus Jul 10, 2016:
厉害关系=利害关系?
申请回避=要求其回避
原文有误

Proposed translations

+2
1 hr
Selected

recuse

disqualify oneself
Note from asker:
Thanks
Peer comment(s):

agree jarv95888
1 day 7 hrs
thank you
agree QHE
5 days
thank you
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4 KudoZ points awarded for this answer.
+1
47 mins

Excuse (oneself)

Has the right to apply to excuse oneself.

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Note added at 1 hr (2016-07-10 05:41:45 GMT)
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This is what I often hear in a New Zealand court (used in a formal manner).
Note from asker:
Do you think this sounds informal?
Peer comment(s):

agree David Lin : It's formal enough in legal English. Some use "withdrawal from the hearing", while the usual Chinese term is 避席.http://www.info.gov.hk/gia/general/201402/12/P201402120276.h...
7 hrs
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+1
3 hrs

Withdraw

第二十八条 审判人员、检察人员、侦查人员有下列情形之一的,应当自行回避,当事人及其法定代理人也有权要求他们回避:
Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, and the parties to the case and their legal representatives shall have the right to demand his withdrawal:
Note from asker:
I personally prefer recusal as it is more specific for the particular situation here. http://www.dictionary.com/browse/recuse?s=t "withdrawal"has too many meangings
Peer comment(s):

agree Intotheworld
2 hrs
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