Legal provisions on lawyer's withdrawal
Subjectivity of law: first, who needs to decide the withdrawal of lawyers? According to the relevant laws and regulations of our country, the challenge system is not applicable to lawyers, and the personnel who apply the challenge system include judges, clerks, translators, appraisers and inspectors. Article 44 of the Civil Procedure Law of People's Republic of China (PRC), a judge shall recuse himself under any of the following circumstances, and the parties have the right to apply for his recusal orally or in writing: (1) He is a close relative of a party to this case or a party or an 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. Article 45 If a party applies for withdrawal, it shall explain the reasons and submit them at the court session. If the reasons for withdrawal are known after the trial of the case begins, they may also be put forward before the end of the court debate. Before the people's court makes a decision on whether to withdraw, the person who has been applied for withdrawal shall suspend his participation in the case, unless the case requires emergency measures. Article 46 The withdrawal of the presiding judge shall be decided by the judicial committee. The withdrawal of the judge is decided by the president; The withdrawal of other personnel shall be decided by the presiding judge. Second, how to entrust a lawyer as an agent ad litem, who is a person who carries out litigation activities on behalf of a party with litigation capacity. According to the Civil Procedure Law and other relevant regulations, entrusting a lawyer as an agent ad litem shall meet the following requirements: 1, the parties (including plaintiff, defendant, co-litigant and third party), legal agents and legal representatives may entrust a lawyer as an agent, and the entrusted lawyer shall sign an entrustment contract; 2. Each party, legal representative and legal agent can only entrust two lawyers (including paralegals) as agents at most; 3. Foreign lawyers, including those from Hong Kong, Macao and Taiwan, cannot act as attorneys in litigation. 4. If a lawyer is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court, and the power of attorney must specify the entrusted matters and authority. The authorized organ must state whether it is the general agent or the special agent. If it is a special agent, it must also specify those powers, such as recognition, waiver, change of claims, making settlement, reaching a mediation agreement, filing counterclaims, appealing, etc. 5. If two lawyers (including paralegals) are entrusted as agents ad litem, they shall be granted power of attorney respectively. Where a lawyer is entrusted to act as an agent, in addition to the power of attorney signed or sealed by the client, an agency contract signed or sealed by the law firm where the lawyer is located and the client shall also be submitted to the people's court. 6. China citizens living abroad must send or entrust a power of attorney to People's Republic of China (PRC) as an agent ad litem, and the power of attorney must be certified by the embassies of People's Republic of China (PRC) and China in that country. 7. If foreigners, stateless persons, foreign enterprises and organizations who have no domicile in People's Republic of China (PRC) entrust People's Republic of China (PRC)'s lawyers or others to represent them in litigation, the power of attorney sent or entrusted from outside People's Republic of China (PRC) shall be authenticated by the notary office of the host country, the embassy or consulate of People's Republic of China (PRC) in that country, or jointly performed by People's Republic of China (PRC) and China. According to the relevant laws and regulations of our country, the challenge system does not apply to lawyers, and the personnel who apply the challenge system include judges, clerks, translators, appraisers and inspectors. . Legal objectivity: 1. Can I apply for the withdrawal of the opposing lawyer? According to the relevant laws and regulations of our country, lawyers are not the subject of withdrawal in criminal proceedings, so they cannot apply for lawyer withdrawal. The subjects of withdrawal are judges, clerks, translators and appraisers. Article 29 of the Criminal Procedure Law of People's Republic of China (PRC), a judge, a prosecutor or an investigator shall withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask him to withdraw: (1) He is 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 32 The provisions on withdrawal in this chapter shall apply to clerks, translators and expert witnesses. Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this chapter. Second, the withdrawal of civil servants 1. Job avoidance refers to the relationship between husband and wife, lineal consanguinity, collateral consanguinity within three generations and close in-laws among civil servants, and they are not allowed to hold positions directly subordinate to the same leader or direct superior and subordinate leaders in the same organ, nor are they allowed to engage in organization, personnel, discipline inspection, supervision, auditing and financial work in the organ where one of them holds leadership positions. 2. Regional avoidance means that civil servants are not allowed to hold a certain level of leadership positions where they grew up. Including the main leadership positions of township-level organs, county-level organs and relevant departments. However, the county magistrate of an autonomous county shall be a citizen of the ethnic group exercising regional autonomy; The head of a nationality township shall be a national citizen who established the nationality township. 3. Official avoidance means that civil servants have an interest in performing official duties; Involving husband and wife, lineal blood relatives, collateral blood relatives within three generations and close in-laws with themselves, and other circumstances that may affect the fair execution of official duties. 4. Resignation avoidance refers to the resignation of civil servants or retired civil servants who have served as leading members. Other civil servants are not allowed to work in enterprises or other profit-making organizations directly related to their original jobs within three years of resignation, and are not allowed to engage in profit-making activities directly related to their original jobs.