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申请回避权是诉讼法确认的当事人的一项重要诉讼权利,也是树立司法公信、保证人民法院正确行使司法权的关键要素之一。人民法院有义务采取各种措施保障当事人充分行使该权利,任何司法改革都不是忽视当事人该权利的理由。但在司法实践中,对当事人该权利的保护并不尽如人意,因此有必要引起重视,通过完善立法、健全制度、强化责任来加以纠正。
The right to apply for avoidance is an important procedural right of parties recognized by the procedural law and one of the key elements of establishing judicial credibility and ensuring that the people’s courts exercise their judicial power correctly. The people’s court has the obligation to take various measures to protect the full exercise of the rights of the parties, and no judicial reform is not a reason for neglecting the parties’ rights. However, in the judicial practice, the protection of the parties’ rights is not satisfactory. Therefore, it is necessary to pay attention to them and correct them through improving legislation, improving the system and strengthening the responsibility.