1. The case handler himself is a party to the case or is the husband, wife, father, mother, son, daughter or brother or sister of the party to the case, although he is not a party.
2. The case-handling personnel themselves or their close relatives have an interest in this case, and the handling of this case may involve some interests.
3. The case-handling personnel served as witnesses, experts, defenders or agents ad litem in this case.
4. The case-handling personnel have other relations with the parties to the case, which may affect the fair handling of the case.
5. The case-handling personnel accept the guests and gifts of the parties and their clients, or meet the parties and their clients in violation of regulations.
The parties have the right to apply to the clerk, translator, expert witness, inspector, etc. for oral or written withdrawal:
(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.
If the parties and their legal representatives find that a judge has any of the following circumstances, they have the right to request withdrawal, but they shall provide relevant evidence:
(1) Meeting the parties to the case and their agents and defenders without approval; (2) recommending or introducing agents or defenders for the parties to a case, or introducing lawyers or other personnel to handle the case; (3) accepting property or other benefits from the parties to the case and their clients, or asking the parties and their clients to reimburse expenses; (4) Accept banquets from the parties to the case and their clients, or participate in various activities at their own expense. Communication tools and other items, or accept the interests of the parties and their clients in purchasing goods and decorating houses.
Legal basis: Article 25 of the Judicial Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC). Investigators and prosecutors involved in the investigation, examination and prosecution of this case shall not serve as judges in this case if they are transferred from the people's court.