Interim Measures for the Avoidance of State Civil Servants' Employment and Official Avoidance
Article 1 These Measures are formulated in accordance with the Provisional Regulations on State Civil Servants in order to ensure that State civil servants perform their official duties according to law and promote the construction of a clean government in state administrative organs.
Article 2 State civil servants who have one of the following kinship relations shall be subject to post avoidance and post avoidance in accordance with regulations:
(1) relationship between husband and wife;
(2) lineal consanguinity, including grandparents, grandparents, parents, children, grandchildren and grandchildren;
(3) collateral blood relations within three generations, including uncles, aunts, brothers and sisters, cousins, nephews and nephews;
(4) Kinship, including spouse's parents, spouse's brothers and sisters and their spouses, children's spouses and their parents, and spouses of collateral blood relatives within three generations.
Article 3 A national civil servant with the kinship listed in Article 2 shall not hold a post directly under the same chief executive or a post with a direct superior-subordinate relationship in the same organ, nor shall he engage in supervision, auditing, personnel, finance and other work in an organ in which one party holds a leading position.
The same chief executive, including members of the leadership team at the same level; Direct leadership relationship between superior and subordinate, including the leadership relationship between superior deputy and subordinate deputy.
All regions and departments can determine the specific scope of dismissal according to the provisions of this article and the actual situation.
According to the Civil Procedure Law of People's Republic of China (PRC)
Article 45 A judge must withdraw in any of the following circumstances, and the parties have the right to apply for his withdrawal orally or in writing:
(1) Being a party to the case or a close relative of a party or agent ad litem;
(2) Having an interest in the case;
(3) Having other relations with the parties to the case, which may affect the fair trial of the case.
The provisions of the preceding paragraph shall apply to clerks, translators, experts and inspectors.
According to the Provisions of the Supreme People's Court on Several Issues Concerning the Implementation of the System of Judge's Withdrawal in Litigation, which was implemented on June 3, 201/KLOC-0.
Article 1 A judge shall recuse himself in any of the following circumstances, and the parties and their legal representatives have the right to apply for his recusal orally or in writing:
(1) Being a party to the case or having a close relative relationship with the party;
(2) He or his close relatives have an interest in the case;
(3) Having served as a witness, interpreter, expert witness, inspector, agent ad litem or defender in this case;
(4) Having the relationship of husband and wife, parents, children or brothers and sisters with the agent ad litem or defender in this case;
(five) there are other interests between the parties to the case, which may affect the fair trial of the case.
The term "close relatives" as mentioned in these Provisions includes relatives who are husband and wife with judges, lineal blood relatives, collateral blood relatives within three generations and close in-laws.
According to the Public Prosecutor Law of the People's Republic of China
Chapter VI Post Avoidance
Article 19 Public procurators who are related by husband and wife, lineal consanguinity, collateral consanguinity within three generations and close in-laws shall not hold the following positions at the same time:
(a) the chief procurator, deputy chief procurators and members of the procuratorial committee of the same people's procuratorate;
(2) the chief procurator, deputy chief procurators, procurators and assistant procurators of the same people's procuratorate;
(3) Procurators and assistant procurators in the same business department;
(4) Procurators-General and Deputy Procurators-General of people's procuratorates at lower and higher levels.
Article 20 Two years after the public prosecutor left the People's Procuratorate? During the period, he shall not act as an agent ad litem or defender as a lawyer.
After leaving the People's Procuratorate, a public prosecutor shall not act as an agent ad litem or defender of the case handled by the original procuratorate.
A prosecutor's spouse or children shall not act as agents ad litem or defenders in handling cases in the procuratorate where they belong.
According to the Interim Measures for Public Prosecutors' Duty Avoidance and Official Avoidance
Article 2 A public prosecutor who has one of the following kinship relations must withdraw according to regulations:
(1) relationship between husband and wife;
(2) lineal blood relationship;
(3) collateral blood relations within three generations, including uncles, aunts, brothers and sisters, cousins, nephews and nephews;
(4) Kinship, including parents of spouses, brothers and sisters of spouses, parents of children's spouses and female spouses, and spouses who are collateral blood relatives within three generations.
Article 3 A public prosecutor with the kinship listed in Article 2 of these Measures shall not hold the following positions at the same time:
(a) the chief procurator, deputy chief procurators and members of the procuratorial committee of the same people's procuratorate;
(2) the chief procurator, deputy chief procurators, procurators, assistant procurators, clerks, judicial police and judicial administrative personnel of the same people's procuratorate;
(3) Procurators, assistant procurators, clerks, judicial police and judicial administrative personnel in the same work department;
(4) Procurators-General and Deputy Procurators-General of people's procuratorates at lower and higher levels.
Article 4 A person who serves as the chief procurator of a people's procuratorate at the county level shall generally not hold a post in his home country. However, except for the procurators of the people's procuratorates at the county level in ethnic autonomous areas.