| The study on challenge system of litigation has mainly been focusing on the two issues, namely the persons to be challenged and the reason of challenge, but seldom dwells upon the procedure of challenge. However, when it becomes clears that the persons to be challenged and the reasons of challenge have already enjoyed much weight in the modern times, the question of challenge procedure shall also get its due attention. The right to apply challenge is the key and foundation of the system of challenge application. It has distinctive characters like litigation, compulsion, uniqueness, and lawfulness. The agent cannot substitute the his principal without special empowerment. Under whatever proceeding processes, the Court shall remind the concerned people of their rights to apply challenge, that is, (1) the announcement of the right, (2) the impartation of the right, (3) the enquiry of the right. The law shall stipulate clearly the procedure of the impartation, and the judicial body shall perform its impartation obligation, and make it convenient for the people concerned to exercise their right to challenge.Putting forward challenge. First, people shall put forward their challenges within the time stipulated. The current practice is to determine time according to different litigation periods, which I think is not reasonable. It shall be determined according to a number of factors such as the reasons of challenges, adjudgement tiers and the acceptance on judges. Second, there shall also exist some formative requirements on the applicants. One thing must be pointed out here is that the quotation burden shall not be completely fallen on the applicant. Judges shall not respond to the application of challenge in a negative way, but shall take the main responsibility to challenge. It is necessary to loosen the restrictions on the reasons of challenge and to introduce no-reason challenge under some conditions so as to make up any rigidity of the challenge system.Accepting challenge. A complete set of challenge acceptance shall include three stages, namely, the stage of receipt of application, the stage of notice and defense and the stage of transfer. It is necessary to specify on the stage of receipt. Once the application of challenge is accepted, judges challenged shall halt all ongoing litigations unless under emergency. There shall be regulations on above-mentioned exceptions or emergencies. Deciding on the application of challenge. First, the law has appointed a multiple decision bodies on challenges on judges, and of which withdrawals of presiding and sitting judges is decided by a court dean. This regulation is against the basic guidelines of litigation rules. In order to achieve justice, that a sitting judge is withdrawn by the court dean of same rank shall be changed. It shall be decided by a board and issued in the name of the court. Second, the audit procedure on challenges shall be improved, including audit standards and rules. The authorities shall through due process listen to the applicants and then make their decisions following rules and standards. Third, in order to implement the litigation rule during the challenge procedure, a ruling shall be issued to settle challenge applications. Fourth, in order to improve litigation efficiency, and to maximize the allocation of judicial resources, it is very necessary to add in simple overruling procedure. The validity of the decision on challenges. Once a challenge waged by applicants has been accepted by the authorities, it will certainly affect the whole litigation activity in the following three results: (1) changing sitting judges; (2) reorganizing the judging board; (3) revaluating the litigation activity started. If the application of challenge has been overruled, the law usually will allow the applicants to seek appropriate redress, in consideration of the protection of applicants' rights and the prevention of possible mistakes. The current litigation law stipulates three redresses, which focus in respective sphere and cannot make u...
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