Legal analysis
The parties and their legal representatives have the right to ask for the withdrawal of a judge: a judge should withdraw under any of the following circumstances, and the parties and their legal representatives also have the right to ask for withdrawal. (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; (6) Meeting the parties to the case and their agents or defenders without approval.
legal ground
Article 25 of the Law of the People's Republic of China on Procurators: If a procurator's spouse, parents or children are in any of the following circumstances, the procurator shall withdraw: (1) Being a partner or founder of a law firm within the jurisdiction of the people's procuratorate where the procurator 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 procuratorate where the public prosecutor works. Article 50 When the Disciplinary Committee of Public Prosecutors deliberates disciplinary matters, the relevant public prosecutors have the right to apply for the withdrawal of relevant personnel, and have the right to make statements, give evidence and defend themselves. 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.