Understanding of the abolition of organ treatment

No longer retaining agency benefits means abolishing agency retirement benefits. Those who retire normally in other units can still enjoy retirement benefits, but they are not agency retirement benefits. The Ministry of Justice, the Supreme People's Procuratorate, and the Supreme People's Court jointly issued the "Opinions on Further Regulating the Lawyer Profession of Resigned Personnel from Courts and Procuratorates." The notice clearly points out that if retired forensic personnel engage in the lawyer profession or serve as "legal advisors" to law firms, administrative staff will no longer retain the various benefits of the agency.

The Supreme People's Procuratorate, Municipal Ministry of Justice and the Supreme People's Court jointly issued the "Notice on Further Regulating the Lawyer Profession of Retired Personnel of Courts and Procuratorates", which clearly stated that retired personnel of the judicial procuratorate engage in the lawyer profession or serve as If a law firm is a "legal consultant", administrative staff will no longer retain various benefits from the agency. This opinion applies to staff members who have resigned from the people's courts and procuratorates at all levels and who had the status of civil servants at the time of resignation. Resignation includes retirement, resignation from public office, removal from office, dismissal, transfer, etc. The term “lawyers” as used in this opinion refers to full-time and part-time lawyers practicing in law firms (including lawyers engaged in non-litigation legal matters). The term "legal advisor" of a law firm as used in this opinion refers to a person who does not practice law as a lawyer, but provides legal advice and legal argumentation on relevant business fields or cases, or carries out coordination, business development and other activities on behalf of the law firm. The term "law firm administrative personnel" as used in this opinion refers to those employed by law firms to engage in secretarial, financial, administrative, human resources, information technology, risk control and other work.

Article 3 Persons who leave the People's Courts and People's Procuratorates at all levels to engage in the lawyer profession or serve as "legal advisors" or administrative personnel of law firms shall strictly abide by the "Judges Law of the People's Republic of China" and "The Law of the People's Republic of China". "Prosecutor Law of the People's Republic of China", "Lawyers Law of the People's Republic of China" and relevant provisions on the management of civil servants.

Staff of the people's courts and people's procuratorates at all levels who leave their posts shall not serve as litigation agents or defenders within two years after leaving their posts. Former staff members of the people's courts and people's procuratorates at all levels shall not serve as litigation agents or defenders in cases handled by the original people's courts or people's procuratorates for life, except for being represented or defended by the guardians or close relatives of the parties.