At present, the market economy is active, transactions are frequent, and there are many applications. Different application scenarios have different applications. You had no idea when you wrote the application? The following is my application for withdrawal, which is for reference only and I hope it will help you.
Withdrawal application 1 1. The key points of making this instrument are as follows:
1. Title.
2. Text: State the requested items and reasons.
3. Tail.
Second, the format:
withdraw one's application
Applicant:
Respondents:
Requested items and reasons:
I am here to convey
arbitration commission
Applicant:
date month year
Attachment: Relevant evidential materials
Third, give an example for reference when making:
withdraw one's application
Applicant: XX Company in XX City.
Address:No. XX Road 10, XX District, XX City
Legal Representative: Position: Manager
Respondent: B, male, XX Law Firm.
Requested items and reasons:
The dispute over the purchase and sale contract between the applicant and XX factory in XX city has been accepted by the XX Arbitration Commission and tried by the arbitration tribunal. It is reported that arbitrator B appointed by XX Arbitration Commission had a dinner with the person in charge of XX factory at XX Hotel after the case was accepted. This fact was seen by the applicant's employee C in the hotel and can be proved.
In order to prevent unfair arbitration and safeguard the legitimate rights and interests of the applicant, according to the provisions of Article 34 of the Arbitration Law of People's Republic of China (PRC), we apply to the Arbitration Commission for an arbitrator to avoid the arbitration activities in this case and appoint another arbitrator to hear the case.
I am here to convey
Xx Arbitration Commission
Applicant: XX Company in XX City.
Legal Representative: A.
* * * Year * * Month * * Day
Application for Dropout 2 Applicant: Liu Yue (1 1 year old), a sixth-grade student of Ducheng Primary School in Yanta District, Xi City.
ID number:
Authorized Agent: Liu ()' s father, Group Capital 16, Electronic City Sub-district Office, Yanta District, City.
ID number:
Respondent: Zhang Bin, executive deputy director of Yanta Branch of Xi Public Security Bureau.
ID number:
Application items:
In view of the fact that Zhang Bin, deputy director, presided over the sixth investigation and handling of this case, Xigong (Yan) made decision No.6. [20xx] 1090 and 109 1 both violated the provisions of Article 31 and Article 41 of the Administrative Punishment Law of the People's Republic of China, and deliberately opposed the instructions and organization of Director Du Hangwei in this case. We applied to Zhang Bin for handling this case.
Reasons for application:
1. As the executive deputy director in charge of the legal affairs of the sub-bureau, Ge Jun and Chang Laichao have unshirkable leadership responsibility and suspicion of shielding and conniving during the reconsideration of this case.
Second, Deputy Director Zhang Bin presided over and led the sixth investigation and disposal of this case, but Liu Suo's police officer was still involved. No investigation was made into the clues of gang crimes such as,,, and Sun who robbed and beat primary school students in the capital, the truth of the second alarm handling in this case, and the criminal acts of police officers, Wang Yangwei, Ge Jun and Tian Laichao in the sub-bureau. The survey results are the same as Gao Jiahua's. Yanta Branch, as the respondent, made basically the same decision with the same facts and reasons as before the reconsideration of the Municipal Bureau. This time, under the face-to-face instructions of Director Hu and Zhang Bin's personal commitment, he will report to the Bureau Party Committee fairly. The investigation has just become strong evidence for Zhang Bin to deceive the Party Committee of the Branch Bureau and the injured primary school students.
3. The four recent petition cases of the sub-bureau were all related to Zhang Bin, including two in Electronic City Office and two in Xiying Road Office. I went to Xiying Road Office many times because Xiying Road Office has never made a record for Tian Laichao. The victim of a case in Xiying Road has been looking for Zhang Bin, the deputy director, and asked to be dealt with according to law. This month 13, I have verbally applied for withdrawal to Director Hu, Deputy Director Zhang Bin and Section Chief Yan. There is another one that asked me to apply in writing in June 14 and June 15, and then asked for forgiveness to let him take charge of the investigation again. According to the provisions of Article 45 of the Police Law of the People's Republic of China, I hereby apply in writing for his withdrawal.
Hereby:
Application for withdrawal 3 Applicant: Lu Lusheng
Defendant: Judge Guo.
Regarding the case of Lulusheng v. Wuxi Dayun Express Co., Ltd., I think the wrong judgment of the original trial was sent back for retrial. The judge who takes over the case again should be very cautious and will certainly try the case consciously, fairly and neutrally. It turned out that I was wrong, and I was fooled by the same way again. Judge Guo also asked me to apply for his withdrawal. I didn't apply because even if Judge Guo made mistakes again and again, every mistake he made was communicated to me explicitly or implicitly, which gave me the right to express my opposition, even if these objections were not explicitly adopted again and again. However, Judge Cai Jianzhong in the first instance didn't communicate with me about the case for eight months, which made me waste my time and handed him nearly 30 official letters. Now I have applied for the judge's withdrawal, because the judge refused to communicate with me, and some previous actions will affect the fair trial and judgment of this case. The specific reasons are as follows:
1. Members of the collegial panel formed by Guo's retrial, including members of the original collegial panel of first instance. Of course, I corrected it later and I forgave it. But I still can't rule out that it was intentional.
2. Judge Cai Jianzhong of the first instance replaced "hearing" with "evidence exchange" and deliberately made a wrong judgment; In the retrial, Judge Guo used "trial" instead of "evidence exchange", which was a serious procedural violation and nothing more than doing everything possible to avoid cross-examination of the authenticity of the evidence of both sides! In this illegal trial, using "what you can say now" to stop me from questioning the defendant's lies must be the beginning of a wrong case.
3. The defendant has been maliciously deleting the relevant evidence on the Dayun website. I specially applied to exchange the website evidence of both parties for 20xx years before 20xx65438+February 3 1, otherwise the evidence will automatically disappear into the website. The application was accepted and used in disguise. Not only was it not an exchange of evidence, but it was a formal hearing, and the evidence I applied for was not cross-examined. There are the following unfair facts in this trial: first, Guo deprived me of the right to state the case when I reminded him; The lie defended by the defendant was once again stopped by the judge with "you can make it clear" to stop me from continuing cross-examination; Judge Shen Yuan answered my normal questions to the defendant many times, and I finally stopped asking questions. This way of hearing cases is very similar to that of Judge Cai Jianzhong. And before refusing to hear the written contract, unilaterally tell me the creditor's rights and debts recognized by both parties during the actual contracting period; Of course, I was very dissatisfied with this and immediately handed in the opposite opinion. Judging from the subsequent conversation, it should be rejected. I firmly believe this is absolutely wrong!
4.20xx's conversation on March 5th completely opened the door for Shen Yuan to try to pervert the law, completely refused to listen to and cross-examine the false evidence of the defendant, did not respect the plaintiff's' objective factual evidence', insisted on believing lies, and completely ignored the principles of' whoever advocates who gives evidence' and' evidence should be presented in court and cross-examined by both parties'. I want to ask Judge Guo to use trial instead of evidence exchange, and refuse to listen to the authenticity of the evidence of both parties. I must be forced to find someone to prove the authenticity of my evidence at the defendant, otherwise I will lose! Is this reasonable, reasonable and legal? The following is what the judge said. If there is any falsehood, I am willing to bear the corresponding legal responsibilities:
Judge Guo said, "It turned out that the judge of first instance didn't approve, and our thoughts were the same."
"To tell you the truth, this one thing alone will definitely not change"; "He (Dayun Company) now thinks that there is nothing else. He is defending now, and he doesn't have to provide any evidence "; "I will tell him if he should issue it, but if he refuses to provide it without legal consequences, I will make it clear to you"; "The somebody else all have problems, that I also have problems. Why does everyone you meet have a problem? Why don't you think about it? " ; "You actually want to make it clear, as for me, I also believe that you are telling the truth, but I can't write it in the judgment. I believe you are telling the truth, and I will assume this situation. You have to understand that even if you lose in the end, I will make it clear to you. "This is the way it is"; "Then every time you get a debt, you have to issue a detailed statement. If you don't issue details, you won't recognize it. There is no way to hear the case "; "Of course he doesn't admit that he is a bad person. Courts may not always find out "; "You don't always like this, I tell you, there are two kinds in the world, one is a fact, but it can't be proved, and the other is not a fact, but it has been proved. What do you say the court is for? "
"I tell you, this case didn't look carefully, but I know there are two problems, and we will decide those flawed problems after we decide the region. These are two questions. If there is no problem with the defect, it is unreasonable for him to cancel the contract for you. If there is a problem with the defect, the contract should be terminated "and so on.
To sum up, in order to make the trial and judgment of this case fair and just, and give me a belated justice, I hereby apply to Judge Shen Yuan to recuse myself from this case.
I am here to convey
Xishan district people's court
Applicant: Lu Lusheng
Application for withdrawal 4 _ _ _ _ _ _ _ _ Application for withdrawal from the labor dispute arbitration committee ———————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
Key points of document
Application for withdrawal refers to the legal documents used by the parties to a labor dispute arbitration case to apply for withdrawal of the members of the labor dispute arbitration tribunal or the members of the arbitration tribunal themselves.
Special tips
Problems that should be paid attention to when filling in such documents are:
(1) The withdrawal application must meet the withdrawal conditions.
Avoidance in labor dispute arbitration means that the person in charge of handling the dispute is not allowed to participate in the handling of the case because he has a certain interest with the case or the parties to the case. According to Article 35 of the Regulations on Handling Labor Disputes in Enterprises in People's Republic of China (PRC), if a member of the Arbitration Commission or an arbitrator is under any of the following circumstances, he shall withdraw, and the parties have the right to apply for his withdrawal in written or oral form:
(1) Being a party to a labor dispute or a close relative of the party;
(2) Having an interest in a labor dispute;
(3) Having other relations with the parties to a labor dispute, which may affect fair arbitration.
The above provisions also apply to clerks, appraisers, inspectors and translators. The withdrawal of the chairman of the Arbitration Commission shall be decided by the Arbitration Commission; The withdrawal of other members of the Arbitration Commission, arbitrators and other members shall be decided by the chairman of the Arbitration Commission.
(2) There are two ways to avoid, self-avoidance and application for withdrawal.
(3) The application for withdrawal was filed after the arbitration case was filed and before the arbitral award was made.
(4) For the application for withdrawal, the Arbitration Commission shall make a decision on whether to allow withdrawal within 7 days, and notify the parties orally or in writing.
5. The people's court's application for withdrawal:
The case of Hao XX v. Guo XX tried by your hospital is now tried by Li XX, a judge of the Civil Court of your hospital. Li XX and the defendant Guo XX are half-brothers. According to Article 45 of China's Civil Procedure Law, they are close relatives of the parties to this case. In order to ensure the fair trial of the case, Judge Li XX is requested to withdraw.
Please recheck it in your hospital and try it for one yuan.
Applicant: ××× (seal)
200× year× month× day
Avoidance application 6 Applicant _ _ _ _ (name, gender, age, nationality, native place, occupation, address, etc. , such as legal person's name, address, legal representative's name and position)
Respondent _ _ _ _ (same as above)
It is understood that the respondent _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I am here to convey
_ _ _ _ People's Court
note:
(1) This application form is for judges and other personnel to use when recusing themselves. It should be printed with pen, brush or handwriting.
(2) In the column of the applicant, if the applicant is a citizen, the name, gender, nationality, native place, occupation or work unit, position and address shall be stated; If it is a legal person or other organization, it shall specify the name, domicile, name and position of the legal representative or principal responsible person.
(3) The signature column of the applicant, if it is a legal person or other organization, shall indicate the name, address, signature of the legal representative or principal responsible person, and affix the official seal of the unit.
Application for withdrawal 7 Applicant: Qian XX, female, born on,,.
Requested items:
The applicant refused to accept the decision of the people's court of XX District, XX City to "reject the applicant's application for withdrawal by Judge Fan XX" for suing Qi Mou of this city for committing the crime of XX, and now applies for reconsideration, requesting the people's court to reconsider according to law and change the original decision.
Facts and reasons:
The facts found in the original judgment are inconsistent with the actual situation.
The decision of the original trial was: "Qi Mou of XX City and Fan XX, a judge of our court, are not brothers or close relatives, so the reasons for applying for Fan XX's withdrawal are not sufficient." This is not true.
(the facts should be stated in the photo book, omitted. )
Based on the above facts, the applicant believes that Qi Xxx and Fan Xxx are brothers and legal close relatives. According to the provisions of Article 28 of the Criminal Procedure Law of People's Republic of China (PRC), the applicant filed an application for withdrawal from Fan Moumou according to law. The original decision to reject the applicant's application was wrong.
We hereby request the people's court to reconsider and change the original decision according to law.
I am here to convey
XX District People's Court of XX City
Applicant: Qian XX
* * * Year * * Month * * Day
Attachment: Witness Liao XX, employee of XX Company in this city, living in. XX road in this city.
Avoid applying for 8 Changsha xx District People's Court:
I received the materials mailed by your hospital on April 23, xx, and entrusted a lawyer to come to your hospital on April 28, xx 1420 to inquire, understand and copy the relevant materials. The judge opposite your office xx and its desk said, "The other party applied for property preservation. The court may order it to provide a guarantee, and the power lies with the court. The court shall not order it to provide a guarantee. This is our business, not yours. We decided not to provide you with the other party's application for preservation. The other party only provides the sales contract, and you can copy the sales contract. " I think the behavior of your judges is wrong! It does not conform to the judge's code of conduct, nor does it meet the requirements of mass line education. In order to ensure the positive image of the xx District Court in enforcing the law fairly and serving the people, I report to the leaders of your hospital according to law and apply for the withdrawal of judges such as xx according to law. Please reply according to law. The facts and reasons are:
1. People's courts and judges should not misinterpret the law, let alone take sides.
Paragraph 2 of Article 100 of the Civil Procedure Law: "The people's court may order the applicant to provide a guarantee by taking preservation measures. If the applicant cannot provide a guarantee, the application shall be rejected. " If the guarantee is not provided explicitly, the application for property preservation will be rejected. How can the judge say that he can't provide a guarantee? According to this, what is the operation without favoritism? Instead of letting the court intervene in disputes between the parties, what is it? Why should a court judge bear the responsibility of one party?
2. People's courts and judges cannot refuse the supervision of the masses.
Sunshine justice is the essential requirement of the people's court for the people, and sunshine is the best preservative. In this case, the other party of the so-called property preservation can't know and master the situation of property preservation, and the judge won't let them know and understand how to help the sunshine justice of the people's court. How to make people feel fair and just in every case?
3. Who paid the official expenses for the people's courts and judges to handle cases according to law?
The expenses for the preservation of judges' property in xx city should be borne by the state finance, which is an inevitable requirement of fair justice. The activities funded by either party are unfair and incompatible with the anti-corruption struggle! Court leaders will never support this kind of behavior!
4. Although the judge will not conduct substantive examination for the time being, it is necessary and fair to conduct formal examination. In this case, the judge did not ask the prosecutor to provide basic evidence materials, so that the defendant could not understand the relevant materials in the process of evidence exchange, which was unfair in form and procedure! Moreover, the judge did not carry out any evidence exchange work according to law, which violated the defendant's legitimate litigation rights and interests!
At present, there are only the above factual reasons, but even one of them is enough for the court leaders to make a decision that xx and other judges should withdraw. I am waiting for your decision!
I am here to convey
xxx
Xx，xx，XX，XX
Avoid applying for 9 Changsha xx District People's Court:
I received the materials mailed by your hospital on April 23rd, xx, and entrusted my lawyer 1420 to your hospital on April 28th, xx to inquire, understand and copy the relevant materials. The judge at your hospital and the opposite table said, "If the other party applies for property preservation, the court may order it to provide a guarantee. Nor can the court order it to provide a guarantee. This is our business, not yours. We decided not to provide you with the other party's application for preservation. The other party only provides the sales contract, and you can copy the sales contract. " I think the behavior of your judges is wrong! It does not conform to the judge's code of conduct, nor does it meet the requirements of mass line education. In order to ensure the positive image of the xx District Court in enforcing the law fairly and serving the people, I report to the leaders of your hospital in accordance with the law and apply for the withdrawal of the judge in accordance with the law. Please reply according to law. The facts and reasons are:
1. People's courts and judges should not misinterpret the law, let alone take sides.
Paragraph 2 of Article 100 of the Civil Procedure Law: "The people's court may order the applicant to provide a guarantee by taking preservation measures. If the applicant cannot provide a guarantee, the application shall be rejected. " If the guarantee is not provided explicitly, the application for property preservation will be rejected. How can the judge say that he can't provide a guarantee? According to this, what is the operation without favoritism? Instead of letting the court intervene in disputes between the parties, what is it? Why should a court judge bear the responsibility of one party?
2. People's courts and judges cannot refuse the supervision of the masses.
Sunshine justice is the essential requirement of the people's court for the people, and sunshine is the best preservative. In this case, the other party of the so-called property preservation can't know and master the situation of property preservation, and the judge won't let them know and understand how to help the sunshine justice of the people's court. How to make people feel fair and just in every case?
3. Who paid the official expenses for the people's courts and judges to handle cases according to law?
The expenses for the preservation of judges' property in xx city should be borne by the state finance, which is an inevitable requirement of fair justice. The activities funded by either party are unfair and incompatible with the anti-corruption struggle! Court leaders will never support this kind of behavior!
4. Although the judge will not conduct substantive examination for the time being, it is necessary and fair to conduct formal examination. In this case, the judge did not ask the prosecutor to provide basic evidence materials, so that the defendant could not understand the relevant materials in the process of evidence exchange, which was unfair in form and procedure! Moreover, the judge did not carry out any evidence exchange work according to law, which violated the defendant's legitimate litigation rights and interests!
At present, there are only the above factual reasons, but even one of them is enough for the court leaders to make a decision to wait for the judge to withdraw. I am waiting for your decision!
I am here to convey
Applicant:
April 30th, xx
Withdrawal application 10 Applicant: xx Company, xx City.
Address:No. xx Street, xx District, xx City
Legal representative: xxx
Title: Manager
Respondent: xxx, female, assistant judge of the civil court of the people's court of xx District, xx City, and served as a judge in the case of the applicant v. xx Company's debt dispute in xx City.
Requested items and reasons:
It is reported that the relationship between the respondent xxx in this case and the entrusted agent xxX of the defendant xX Company is XX. In order to avoid unfair trial in this case, according to Article 45 (1) 1 of People's Republic of China (PRC) Civil Procedure Law, the judge is a close relative of the party or party or agent ad litem in this case, so he must withdraw, and now he applies for xxx withdrawal.
Please ask the people's court to review and replace the judge who tried the case.
I am here to convey
Xx District People's Court of xx City
Applicant: xx Company in xx City.
(with official seal)
Legal representative: xxx
Xx year xx month xx day