《民事诉讼法》第40条规定,审判人员、书记员遇有三种情形之一的,必须自行回避,当事人有权用口头或书面形式申请他们回避。审判实践中,通常是到开庭时,才告知当事人有申请合议庭组成人员(或独任审判人员)、书记员回避的权利。笔者认为,告知当事人有申请回避权利的时间,应在决定立案并确定承办人员后,不应待开庭时才告知。因为有的当事人对回避制度不了解,并且若当事人在开庭时申请回避的理由充分,应当回避的审判人员、书记员在开庭以前实际上已参与案件的调查取证工作,这显然有悖于回避制度。因此,应在案件受理后,确定采用合议制或独任制审判,从着手接触案件伊始,就告知双方当事人审理该案的合议庭 Article 40 of the Code of Civil Procedure stipulates that judges and clerks must evade the case when they encounter any of three situations and the parties have the right to apply for their withdrawal verbally or in writing. Trial practice, usually to the court, did not inform the parties to apply for a collegial panel members (or sole judge), the clerk to avoid the right. The author believes that informing the parties to apply for the right to avoid the time, should be decided to file the case and determine the contractor, should not be informed before the court hearing. Because some parties do not understand the avoidance system and if the parties have enough reasons to apply for withdrawal during the hearing, the judicial officers and clerks that should be avoided actually participate in the case investigation and evidence collection before the court session, which obviously runs counter to the system of avoidance . Therefore, after the case is accepted, it shall be determined that a collegial panel or a sole trial will be adopted and the collegial panel informing both parties of the trial of the case shall be informed from the very beginning of the case