Not applicable.
1. Lawyers are not applicable to the challenge system, but lawyers may not act as agents for both parties in the same case, nor may they represent legal affairs with conflicts of interest with themselves or their close relatives.
2. According to the relevant laws of our country, lawyers are not the objects to be avoided, including judges, clerks and appraisers. If a judge has an interest in a lawyer, he should withdraw.
What matters can the parties ask for withdrawal?
1. If the parties and their legal representatives find that the judge (executor) has one of the following circumstances, they have the right to ask him to withdraw, or they should withdraw themselves.
(1) is a party to this case or has lineal blood relatives, collateral blood relatives and in-laws within three generations;
(two) I or a close relative has 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;
(5) I have other interests with the parties to this case, which may affect the fair handling of the case.
2. The parties have the right to apply for the withdrawal of the clerk, translator, expert witness and inspector. In the following cases, orally or in writing.
(1) is a party to this 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.
3, the parties and their legal representatives found that the judge has one of the following circumstances, have the right to request withdrawal, but shall provide relevant evidence.
(1) meeting with one of the parties to the case and his agent or defender 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 and other benefits from the parties to the case and their clients, or asking the parties and their clients to reimburse expenses;
(four) accept banquets or participate in various activities by the parties to the case and their clients at their own expense;
(five) to borrow money and vehicles from the parties to the case and their clients. Communication tools and other items, or accept the interests of the parties and their clients in purchasing goods and decorating houses.
As can be seen from the above, the withdrawal of lawyers is not stipulated in the procedural law, which means that the withdrawal system is not applicable to lawyers.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 39
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.
People's Republic of China (PRC) Civil Procedure Law
Article 47
A judge shall recuse himself in any of the following circumstances, and the parties have the right to apply for his recusal orally or in writing:
(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 or agents ad litem in this case, which may affect the fair trial of the case.
If a judge accepts a party or agent ad litem's invitation, or meets with a party or agent ad litem in violation of regulations, the party has the right to ask him to withdraw.
If a judge commits the acts listed in the preceding paragraph, he shall be investigated for legal responsibility according to law.
The provisions of the preceding three paragraphs shall apply to clerks, translators, expert witnesses and inspectors.