Legal analysis
A judge shall recuse himself in any of the following circumstances, and the parties and their legal representatives also have the right to ask him to recuse himself. (1) Being a party to the case or having lineal blood relatives, collateral blood relatives and in-laws within three generations; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, inspector, defender or agent ad litem 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) I have other interests with the parties to the case, which may affect the fair handling of the case, and the withdrawal of the president as the presiding judge shall be decided by the judicial Committee; The withdrawal of the judge is decided by the president; The withdrawal of other personnel shall be decided by the presiding judge, and the time limit for making withdrawal decisions and reconsideration decisions: the people's court shall make a decision orally or in writing within three days of the application; If the applicant refuses to accept the decision, he may apply for reconsideration once after receiving the decision.
legal ground
Article 24 of the Judges Law of People's Republic of China (PRC): If a judge's spouse, parents or children are under any of the following circumstances, the judge shall withdraw: (1) Being a partner or founder of a law firm within the jurisdiction of the people's court where the judge works; (2) Acting as an agent ad litem or defender as a lawyer or providing other paid legal services to litigants within the jurisdiction of the people's court where the judge is located.