Rules for the employment of judges after retirement

While enjoying the basic pension and medical treatment, retirees of public institutions will also enjoy some benefits and activities organized by the original unit, including the annual health check-up organized by the unit, various activities organized by employees, spiritual and material rewards organized by the unit, activities organized by party organizations, New Year greetings organized at the end of the year, and condolences for family life difficulties.

Bian Xiao believes that the so-called statutory retirees who are engaged in the lawyer profession "no longer retain various treatments of the organs" should refer to the above-mentioned treatments and activities.

Specifically, a few are more important.

What's your opinion on how to further standardize lawyers' practice for those who leave the court and procuratorate?

1. The staff of the people's courts and people's procuratorates who have been dismissed from public office are not allowed to engage in any work in law firms, but the other party thinks that: firstly, from the relevant provisions of the Civil Service Law and the Opinions, the newly drafted Opinions are contrary to the previous legal provisions. The original Civil Service Law stipulated that the staff of the two houses can still engage in relevant legal work after the expiration of the competition. The new opinion obviously violates the spirit of the original text, fails to protect the personal rights and interests of retired cadres, and seriously damages their interests.

What are the benefits for retirees from people's courts and people's procuratorates?

Retirees from people's courts and people's procuratorates really need to engage in the profession of lawyers or serve as "legal advisers" or administrative personnel of law firms. Timely transfer the relationship between administration and wages to the people's courts and people's procuratorates, and no longer retain the various treatments of the organs.

Establish a lawyer's professional information database to realize the docking with the people's courts and people's procuratorates' filing and handling systems.

To sum up, retired judges and prosecutors are not allowed to practice law in law firms, nor are they allowed to serve as consultants or administrators in law firms.

Legal basis: Article 36 of the Judges Law of People's Republic of China (PRC) stipulates that a judge shall not act as an agent ad litem or defender as a lawyer within two years after leaving the people's court. After leaving the people's court, a judge shall not act as an agent ad litem or defender in the trial of a case in the court of first instance, except as a guardian or close relative of the parties. After being expelled, a judge may not act as an agent ad litem or a defender, except as a guardian or close relative of a party to represent him in litigation or defense.