As early as 2009, under the impetus of Ying Yong, then president of the Shanghai Higher People's Court, the Shanghai court system has implemented the "gradual withdrawal mechanism of judges' spouses as lawyers". According to "Ten Disciplinary Provisions on Judicial Integrity of Shanghai Courts" promulgated by Shanghai Higher People's Court: "If a judge's spouse is a lawyer, in principle, the judge can't be the leader of the courts at all levels in this city and a member of the judicial committee, nor can he be the leader of the business departments such as trial and execution, and explore the establishment of a gradual withdrawal mechanism for one party."
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"Judges must be law graduates. When studying, it is inevitable that someone will' solve it internally' in advance-if the other half does not work in the court or procuratorate, it must be a lawyer. " A judge who asked not to be named told me that after the introduction of the "one party withdrawal mechanism", although some judges raised objections, most of them were "sacrificed" by one party according to the regulations.
The data from Shanghai Higher People's Court confirms this point: As of September 20 10, 94 comrades whose spouses are judges and lawyers have all achieved "one party withdrawal"; Since 2009, none of the newly promoted leaders of the trial execution department in the city's courts has a spouse who is a lawyer. While solving the problem of "stock", when recruiting or transferring staff, the Shanghai court also explained the rigid provisions of the "one party withdraws" mechanism to prevent the phenomenon of "retreating while advancing".
20 1 1 the Supreme People's Court promulgated the provisions on the withdrawal of court leaders and judges in trial execution positions whose spouses and children are lawyers (for trial implementation), stating that in the process of trial, execution, filing, trial supervision and state compensation, if one of the spouses or children is a lawyer, one of them must withdraw. Accordingly, the Shanghai court system has completed 15 judges' children as lawyers to avoid "one party quitting".
Also in 2009, the Shanghai Procuratorate issued a Code of Conduct for the communication between prosecutors and lawyers, aiming at ensuring the maintenance of judicial justice and the integrity of prosecutors. In this Code of Conduct, apart from making it clear that prosecutors are not allowed to tip off information to lawyers, to talk about the case with lawyers alone, and not to "borrow" lawyers' means of transportation, they also put forward "withdrawal orders" for the spouses and children of prosecutors.
According to the withdrawal regulations of the procuratorate, except for the close relatives or guardians of the parties, the spouse or children of the prosecutor shall not act as agents ad litem or defenders in the procuratorate where the prosecutor works; The spouses and children of leading cadres at or above the division level of the Municipal Procuratorate and the branch shall not engage in the lawyer business involved in the procuratorial work within the scope of their duties; The outgoing prosecutor shall not act as an agent ad litem or defender as a lawyer within two years; The original procurator shall not act as an agent ad litem or defender in the litigation cases handled by the original procuratorate. If a public prosecutor's spouse, lineal relatives, brothers and sisters and other relatives act as lawyers, they shall report to the supervisory department for the record in time.
In the first half of this year, the pilot work of Shanghai procuratorial reform will be fully rolled out in the city's procuratorial organs. Taking this opportunity of reform, the Shanghai People's Procuratorate plans to launch a new "avoidance ban". Chen Xu, Procurator-General of the Municipal Procuratorate, said that according to the Opinions of Shanghai Municipality on Further Standardizing the Management of Spouses, Children and Spouses of Leading Cadres and the "Six Banners" of Judges and Prosecutors, the procuratorial organs will make clear provisions on the "avoidance ban" for relatives of prosecutors.