Legal analysis: In order to ensure judicial fairness, in accordance with the relevant provisions of the "Organization Law of the People's Courts", "Criminal Procedure Law", "Civil Procedure Law", "Administrative Procedure Law" and other laws, the trial The personnel avoidance system has made a series of provisions.
Legal basis: "Several Provisions of the Supreme People's Court on the Strict Implementation of the Recusal System for Judges"
Article 1 If a judge has any of the following circumstances, he shall recuse himself, and the parties shall His litigation agent also has the right to request that he recuse himself:
(1) He is a party to the case, or he is a direct blood relative, a collateral blood relative within three generations, or a close relative by marriage with the party involved
(2) ) He or his close relatives have an interest in the case;
(3) He has served as a witness, appraiser, investigator, defender or litigation agent in the case;
( 4) Having a relationship as husband and wife, parent, child, or sibling with the litigation agent or defender of the case; (5) Having other interests with the parties to the case (5) Personally. If there are other interests with the parties to the case that may affect the fair handling of the case,
Article 2: If a judge has any of the following circumstances, the parties and their litigation representatives have the right to request withdrawal, but they must provide evidence. Relevant evidence materials:
(1) Meeting with one of the parties to the case and its agent and defender privately without approval;
(2) Recommending and introducing agents and defenders for the parties to the case , or introduce agents or defenders to the introduced lawyers or other case handlers;
(3) Accept property or other benefits from the parties to the case and the trustee, or require the parties to the case and the trustee to reimburse expenses;
(4) Accept banquets from the parties to the case and the trustee, or participate in activities where the parties pay the expenses;
(5) Borrow money from the parties to the case and the trustee; (5) ) Borrow transportation, communication tools or other items, or accept benefits from the parties and their authorized agents in purchasing items, improving housing, etc.
Article 3: Judicial personnel participate in a trial process.
Article 4 The People’s Court will not allow judges or other court staff to serve as litigation agents or defenders within two years of leaving their jobs. If a judge or other court staff serves as a litigation agent or defender in a case heard by the original court two years after leaving office, and the other party raises objections and believes that it may affect the fair trial, the people's court shall support it and not allow it (appointment after leaving office). Litigation agents or defenders, except those who act as litigation or defense agents for close relatives or guardians of the parties.
Article 5 The people's court shall not allow the spouse, children, or parents of a judge or other court staff to serve as the judge. Or the litigation agent or defender of the court where the court staff is located.
Article 6 The people's court of second instance finds or based on the reports of the parties, agents or defenders that the people's court of first instance considers the case to be illegal. If the trial violates any of the circumstances listed in Articles 1 to 3 of these Provisions, the original judgment shall be revoked after verification. Send the case back to the original People's Court for retrial.
Article 7 If the parties, agents ad litem, or defenders believe that a judge has violated these regulations, they may report it to the court's disciplinary inspection and supervision department or other relevant departments. The department that receives the report should handle it in a timely manner and provide relevant feedback to the whistleblower.
Article 8 If a judge knowingly commits one of the circumstances listed in Articles 1 to 3 of these Provisions and intentionally fails to recuse himself or fails to make a decision to recuse himself in compliance with the requirements for recusal application, he shall be punished in accordance with the Trial Discipline of the People's Court. Punishment will be imposed according to the "Penalty Measures (Trial)". If a judge knowingly knows that the litigation agent or defender has one of the circumstances specified in Articles 4 and 5 of these Regulations and deliberately fails to make a correct judgment, he shall be punished in accordance with the provisions of Article 24 of the "Measures for Trial Disciplinary Sanctions of the People's Courts (Trial)" Punishment.
Article 9 The "judges" as mentioned in these regulations refer to the presidents, vice-presidents, members of the judicial committees, chief judges, deputy chief judges, judges and assistant judges of the people's courts at all levels.