1. What are the rules for the withdrawal of court staff?
The provisions on the withdrawal of court staff are the leading cadres of the people's courts and the judges in the post of trial execution. If their spouses and children are engaged in the profession of lawyers within the jurisdiction of the court, they should be removed from office. Leading cadres of courts refer to members of the leading bodies of people's courts at all levels and full-time members of judicial committees.
According to Article 8 of the Supreme People's Court's Provisions on Several Issues Concerning Judges' Avoidance System in Litigation Activities: "Judges and other court staff shall not act as litigation agents or defenders as lawyers within two years after leaving the people's court. After leaving the people's court, judges and other court staff shall not act as agents ad litem or defenders in the trial of cases in the court of first instance, except as guardians or close relatives of the parties who represent them in litigation or defense. Resignation mentioned in this article includes retirement, transfer, dismissal, resignation, dismissal, dismissal, etc. The court of first instance mentioned in this article includes all courts where judges and other court staff have served. "
Paragraph 2 of Article 13 of the above-mentioned provisions: "Other court staff mentioned in these Provisions refer to the staff in the establishment other than judges."
In view of the fact that the court system clerk is divided into two types: appointment clerk and administrative clerk, the above provisions apply to administrative clerk. Therefore, in principle, the administrative clerk of our court shall not act as an agent ad litem or defender as a lawyer within two years after leaving office, and shall not act as an agent ad litem or defender in the trial of cases in the court of first instance for life.
Criminal procedure law
Article 29 A judge, prosecutor or investigator shall recuse himself under 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 a close relative of the party;
(2) He or his close relatives have an interest in the case;
(3) Having served as a witness, expert witness, defender or agent ad litem in this case;
(4) Having other relations with the parties to the case, which may affect the fair handling of the case.
Article 30 Judges, prosecutors and investigators shall not accept guests and gifts from the parties and their clients, and shall not meet the parties and their clients in violation of regulations.
Judges, prosecutors and investigators who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. The parties and their legal representatives have the right to ask them to withdraw.
Second, what is the situation that lawyers need to avoid?
1 Article 39 of the Lawyers Law: A lawyer shall not act as an agent for both parties in the same case, nor shall he act as an agent for legal affairs that have conflicts of interest with himself or his close relatives.
2. Article 51 of the Code of Conduct for Lawyers is under any of the following circumstances, the lawyer shall inform the client and voluntarily withdraw, except that the client agrees to act as his agent or continue to undertake:
(1) Accepting the entrustment of a party to a civil litigation or arbitration case, and other lawyers of the same firm are close relatives of the other party to the case;
(2) Being a defender of a criminal suspect or defendant in a criminal case, and being a close relative of the victim in the case together with other lawyers;
(three) the same law firm accepts litigation cases or other legal services entrusted by the other party who is not a party;
In our real life, court staff should pay attention to the challenge system when sorting out related cases. If there is a certain relationship with the trial of the case, such as the parties to the case or their close relatives, then they can apply for withdrawal according to the withdrawal system.