Judge-to-lawyer avoidance rule

Legal analysis: the withdrawal of lawyers and judges is stipulated that the parties to this case or those who have lineal relatives with them, collateral blood relatives within three generations and other interested parties must withdraw. According to China's Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law and some provisions of the Supreme People's Court on strictly implementing the system of recusal of judges, judges (referring to presidents, vice presidents, members of judicial committees, presidents, vice presidents, judges and assistant judges of courts at all levels). The same below. ) In any of the following circumstances, it shall recuse itself, and the parties and their legal representatives also have the right to ask them to recuse themselves:

(1) is a party to this case or has lineal blood relatives, collateral blood relatives and in-laws within three generations. (two) I or a close relative has an interest in the case. (3) Having served as a witness, expert witness, inspector, defender or agent ad litem in this case. (4) Being related to the agent ad litem or defender in this case as husband and wife, parents, children or siblings. (5) I have other interests with the parties to this case, which may affect the fair handling of the case.

Legal basis: Article 137 of the Civil Procedure Law of People's Republic of China (PRC). Before the court session, the clerk shall find out whether the parties and other participants in the proceedings are present and announce the court discipline. At the hearing, the presiding judge shall check the parties, announce the cause of action, announce the list of judges and clerks, inform the parties of their litigation rights and obligations, and ask the parties whether to apply for withdrawal.