The author believes that these statements of the above-mentioned personnel are completely misunderstood and must be corrected!
As we all know, 202 1, the education of the national political and legal team was rectified. In order to conscientiously implement the "three provisions" of judicial intervention, prevent the transfer of interests from being linked with interests, and earnestly safeguard judicial integrity and justice, the Supreme Law, the Supreme Procuratorate and the Ministry of Justice jointly issued the "Opinions on Further Standardizing the Profession of Retired Lawyers in People's Courts and Procuratorates" on September 30, 2002/KLOC-0. However, it does not prohibit outgoing judges and prosecutors from becoming lawyers. The reason for this is the following：
According to the second paragraph of Article 3 of the Opinions on Further Standardizing the Profession of Lawyers of People Leaving the Courts and Procuratorates, people leaving the courts and procuratorates at all levels shall not serve as agents ad litem or defenders as lawyers for two years after leaving their posts, and shall not serve as agents ad litem or defenders of the original courts and procuratorates for life, except for guardians or close relatives of the parties.
According to Article 4 of the Opinions on Further Standardizing the Post-service Staff of Courts and Procuratorates to Engage in Lawyers' Profession, only the staff of courts and procuratorates who have been dismissed from public office shall not engage in any work in law firms; However, other resigned or retired judges and prosecutors (staff members) are not allowed to work as lawyers in the law firms within the jurisdiction of the original courts and procuratorates, to serve as "legal advisers" or administrative personnel, or to engage in paid legal services related to the original people's courts and procuratorates as lawyers within two or three years after leaving their posts (members of the leading bodies, senior judges and procurators at or above Grade 4 and corresponding ranks).
Retirees from courts and procuratorates who really need to engage in the profession of lawyers or serve as "legal advisers" or administrative personnel of law firms without violating the provisions on the restriction of practice shall strictly implement the provisions and examination and approval procedures of the Opinions of the Central Organization Department on Further Standardizing the Part-time Jobs of Party and Government Leading Cadres in Enterprises (No.201318 issued by the Central Organization Department) and disclose administrative information to the public in a timely manner.
The second paragraph of the Opinions of the Organization Department of the Central Committee on Further Standardizing the Part-time (post) of Party and Government Leading Cadres in Enterprises (No.201318 issued by the Central Organization Department) stipulates that party and government leading cadres who resign from public office or retire (leave) to take part-time jobs in enterprises must be strictly controlled and strictly controlled.
It is also known that in the past, the benefits enjoyed by judges, prosecutors or staff in the original units were mainly "spiritual civilization award" and "festival fee"; This year, the "spiritual civilization award" was cancelled and a "living allowance" was given to retirees, which was paid monthly according to rank; As for the "festival fee", it depends on the situation of the unit. Judges and prosecutors who leave office to engage in lawyers and related work will no longer enjoy the "living allowance" and "holiday fee" issued by the original unit every month.
Retired judges and prosecutors, after working as lawyers, legal advisers, administrative personnel, etc., can still receive retirement benefits on a monthly basis because the pension is paid by the social security fund and has nothing to do with their units. Of course, judges and prosecutors who resign as lawyers do not enjoy various subsidies and pension benefits from their original units; However, if you continue to pay social security premiums after resigning, you can still receive a monthly pension after retirement.
To sum up, outgoing (retired) judges, prosecutors or staff who want to work as lawyers, legal advisers and administrative personnel in law firms shall report to the relevant departments or the original units for examination and approval according to the cadre management authority, and transfer the administrative and wage relations to the courts and procuratorates, and no longer retain the various treatments of the organs; Rather than prohibiting judges and prosecutors who have left their posts (resigned) from serving as lawyers or engaging in lawyer services.