Legal analysis
The provisions on the withdrawal of court staff are the leading cadres of the people's courts and the judges in the post of trial execution. If their spouses and children are engaged in the profession of lawyers within the jurisdiction of the court, they should be removed from office. Leading cadres of courts refer to members of the leading bodies of people's courts at all levels and full-time members of judicial committees. According to the relevant regulations: "Judges and other court staff shall not act as agents ad litem or defenders as lawyers within two years after leaving the people's court. After leaving the people's court, judges and other court staff shall not act as agents ad litem or defenders in the trial of cases in the court of first instance, except as guardians or close relatives of the parties who represent them in litigation or defense. Resignation mentioned in this article includes retirement, transfer, dismissal, resignation, dismissal, dismissal, etc.
legal ground
Article 29 of the Criminal Procedure Law of People's Republic of China (PRC), a judge, a prosecutor or an investigator shall withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask him to withdraw: (1) He is a party to the case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, defender or agent ad litem in this case; (4) Having other relations with the parties to the case, which may affect the fair handling of the case.