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Law of the People's Republic of China on Judges

Law of the People's Republic of China on Judges

(1995年2月28日第八届全国人民代表大会常务委员会第十二次会议通过 根据2001年6月30日第九届全国人民代表大会常务委员会第二十二次会议《关于修改〈中华人民共和国法官法〉的决定》第一次修正 根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正 2019年4月23日第十三届全国人民代表大会常务委员会第十次会议修订)

    table of Contents

     Chapter XNUMX General

    Chapter II Duties, Duties and Rights of Judges

    Chapter III Conditions and Selection of Judges

    Chapter IV Appointment and Removal of Judges

    Chapter V Administration of Judges

    Chapter VI Judges' Assessment, Rewards and Punishments

    Chapter VII Professional Security for Judges

    Chapter VIII Supplementary Provisions

Chapter XNUMX General

    Article XNUMX This Law is formulated in accordance with the Constitution in order to comprehensively promote the construction of a high-quality judge team, strengthen the management and supervision of judges, safeguard the legitimate rights and interests of judges, ensure that the people's courts exercise judicial power independently in accordance with the law, ensure that judges perform their duties in accordance with the law, and ensure judicial impartiality.

Second Judges are adjudicators who exercise state judicial power according to law, including the presidents, vice presidents, members of judicial committees, chief judges, deputy chief judges and judges of the Supreme People's Court, local people's courts at various levels, military courts and other specialized people's courts.

Article 3 Judges must faithfully implement the Constitution and laws, maintain social fairness and justice, and serve the people wholeheartedly.

Article 4 Judges should treat parties and other litigation participants fairly, and apply the law equally to all individuals and organizations.

The fifth Judges should be diligent and conscientious, upright and honest, and abide by professional ethics.

Article XNUMX When judges try cases, they should take facts as the basis, take the law as the criterion, and uphold an objective and fair position.

Article XNUMX Judges perform their duties in accordance with the law and are protected by law from interference by administrative organs, social organizations and individuals.

    Chapter II Duties, Duties and Rights of Judges

    eighth Responsibilities of the judge:

(XNUMX) Participating in collegial panel trials according to law or adjudicating cases such as criminal, civil, administrative litigation, state compensation, etc. alone;

(XNUMX) Handling extradition, judicial assistance and other cases in accordance with the law;

(XNUMX) Other duties prescribed by law.

Judges are responsible for the cases they handle within their terms of reference.

Article XNUMX People's court presidents, vice presidents, judicial committee members, chief judges, and deputy chief judges shall perform duties commensurate with their duties in addition to performing judicial duties.

Article XNUMX Judges shall fulfill the following obligations:

(XNUMX) Strictly abide by the Constitution and laws;

(XNUMX) Handle cases impartially and not bend the law for personal gain;

(XNUMX) To protect the litigation rights of the parties and other litigation participants in accordance with the law;

(XNUMX) Safeguard national interests, social and public interests, and safeguard the legitimate rights and interests of individuals and organizations;

(XNUMX) Keep state secrets and trial work secrets, and keep confidential commercial secrets and personal privacy learned during the performance of duties;

(XNUMX) To accept legal supervision and the supervision of the people in accordance with the law;

(XNUMX) By handling cases in accordance with the law and interpreting the law with cases, enhance the awareness of the rule of law of the whole people, and promote the construction of a society ruled by law;

(XNUMX) Other obligations stipulated by law.

Article XNUMX Judges have the following rights:

(XNUMX) The powers and working conditions that a judge should have in order to perform his duties;

(XNUMX) Not to be transferred, dismissed, demoted, dismissed or punished without legal reasons or legal procedures;

(XNUMX) The job security and benefits that judges should enjoy when performing their duties;

(XNUMX) Personal, property and residence safety are protected by law;

(XNUMX) filing a complaint or accusation;

(XNUMX) Other rights stipulated by law.

    Chapter III Conditions and Selection of Judges

    Article XNUMX To serve as a judge, the following conditions must be met:

(XNUMX) Having the nationality of the People's Republic of China;

(XNUMX) Support the Constitution of the People's Republic of China, the leadership of the Communist Party of China and the socialist system;

(XNUMX) Possess good political and professional qualities and moral character;

(XNUMX) Have the physical conditions to perform their duties normally;

(XNUMX) Possess a bachelor's degree in law from an ordinary institution of higher learning and obtain a bachelor's degree or above; or an ordinary institution of higher learning with a bachelor's degree or above in non-law science and obtain a master's degree in law, a master's degree in law or above; or an ordinary institution of higher learning. Education, obtain other corresponding degrees, and have legal professional knowledge;

(XNUMX) Engaged in legal work for five years.Among them, those who have obtained a master's degree in law, a master's degree in law, or a doctorate in law may have their years of legal work extended to four and three years, respectively;

(XNUMX) First-time judges shall obtain legal professional qualifications through the national unified legal professional qualification examination.

Where it is indeed difficult to apply the academic qualifications prescribed in Item XNUMX of the preceding paragraph, upon review and determination by the Supreme People's Court, within a certain period of time, the academic qualifications for serving as a judge may be relaxed to a bachelor's degree from an institution of higher learning.

Article XNUMX The following persons shall not serve as judges:

(XNUMX) Those who have received criminal punishment for a crime;

(XNUMX) Being dismissed from public office;

(XNUMX) Has been revoked the lawyer's or notary's practice certificate or been removed from the arbitration committee;

(XNUMX) There are other circumstances stipulated by law.

Article XNUMX First-time judges adopt the method of examination and assessment, and select candidates from among those who have the qualifications of judges according to the standard of having both ability and political integrity.

The president of a people's court shall have legal expertise and legal professional experience.Vice-presidents and judicial committee members shall be selected from among judges, procurators, or other qualified judges.

Article XNUMX People's courts may openly select judges from among lawyers, law teachers, researchers, and other persons engaged in the legal profession according to the needs of trial work.

In addition to meeting the qualifications for the appointment of judges, lawyers participating in the public selection should have practiced practice for no less than five years, have rich practice experience, and have a good reputation. More than five years, with outstanding research ability and corresponding research results.

Article XNUMX Provinces, autonomous regions, and municipalities directly under the Central Government have established judge selection committees, which are responsible for reviewing the professional abilities of candidates for the first-time judges.

The members of the provincial judge selection committee shall include representatives of judges of the local people's courts at all levels, other personnel engaged in the legal profession and representatives of relevant parties, of which no less than one-third of the judges are representatives.

The daily work of the provincial judge selection committee is undertaken by the internal functional departments of the Higher People's Court.

To select Supreme People's Court judges, a Supreme People's Court Judge Selection Committee shall be established to be responsible for reviewing the professional competence of judge candidates.

Article XNUMX First-time judges generally serve in basic-level people's courts.Judges of higher-level people's courts are generally selected level by level; judges of the Supreme People's Court and the Higher People's Court may be selected from the lower two levels of people's courts.A judge participating in the selection of a higher-level people's court shall serve as a judge in a lower-level people's court for a certain number of years and have relevant work experience for the selected position.

    Chapter IV Appointment and Removal of Judges

    Article XNUMX The appointment and removal of judges shall be handled in accordance with the powers of appointment and removal and procedures stipulated by the Constitution and laws.

The president of the Supreme People's Court is elected and recalled by the National People's Congress, and the vice presidents, members of the adjudication committee, chief judges, vice chief judges, and judges are appointed and removed by the Standing Committee of the National People's Congress at the request of the president.

The president and vice-president of the circuit court of the Supreme People's Court shall be appointed and removed by the Standing Committee of the National People's Congress upon the proposal of the president.

The presidents of local people's courts at various levels are elected and dismissed by the people's congresses at the corresponding levels, and the vice presidents, members of the adjudication committee, chief judges, deputy chief judges, and judges are appointed and removed by the standing committees of the people's congresses at the corresponding levels upon the request of the presidents.

The presidents of intermediate people's courts established by regions in provinces, autonomous regions and municipalities directly under the Central Government shall be appointed or removed by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government based on the nominations of the chairman's meeting. The chief judge, deputy chief judge and judges shall be appointed or removed by the president of the higher people's court at the request of the standing committee of the people's congress of the province, autonomous region or municipality directly under the Central Government.

The presidents, vice presidents, members of adjudication committees, division heads, deputy division heads and judges of the people's courts at all levels and special people's courts of the Xinjiang Production and Construction Corps shall be appointed and removed in accordance with the relevant provisions of the Standing Committee of the National People's Congress.

Article XNUMX After judges are elected in accordance with legal procedures, they should publicly take the constitutional oath when taking office.

Article XNUMX Under any of the following circumstances, a judge shall be removed from his post as a judge according to law:

(XNUMX) Lost the nationality of the People's Republic of China;

(XNUMX) being transferred out of the people's court where he works;

(XNUMX) The post change does not require retaining the judge's position, or the application for removal of the judge's position is approved;

(XNUMX) Those who are incompetent for the post of judge after assessment;

(XNUMX) Being unable to perform duties for a long time due to health reasons;

(XNUMX) retired;

(XNUMX) resigns or should be dismissed according to law;

(XNUMX) Those who are unfit to continue to serve due to violation of discipline and law.

Article XNUMX Where a judge is found to have been appointed in violation of the conditions stipulated in this law, the appointing authority shall revoke the appointment; if the people's court at a higher level finds that the appointment of a judge of a lower people's court violates the conditions stipulated in this law, it shall recommend that the lower people's court request the appointing authority to revoke the appointment in accordance with the law .

Article XNUMX A judge may not concurrently serve as a member of the Standing Committee of the People's Congress, or as an administrative organ, supervisory organ, or procuratorial organ, or as an enterprise or other for-profit organization or institution, or as a lawyer, arbitrator, or notary.

Article XNUMX Judges who are husband and wife, direct blood relatives, collateral blood relatives within three generations, or close relatives by marriage shall not hold the following positions at the same time:

(XNUMX) The president, vice president, member of the judicial committee, chief judge, and deputy chief judges of the same people's court;

(XNUMX) the president, vice presidents and judges of the same people's court;

(XNUMX) the chief judge, deputy chief judges, and judges of the same trial division;

(XNUMX) The presidents and vice presidents of the people's courts at the upper and lower adjacent levels.

Article XNUMX If a judge's spouse, parents, or children fall under any of the following circumstances, the judge shall implement avoidance:

(XNUMX) Serving as a partner or founder of a law firm within the jurisdiction of the people's court where the judge works;

(XNUMX) Acting as an agent ad litem or defender as a lawyer within the jurisdiction of the people's court where the judge serves, or providing other paid legal services to parties to litigation cases.

    Chapter V Administration of Judges

    Article XNUMX Judges are managed by a post system.The number of judges is determined based on factors such as the number of cases, economic and social development, population and the level of people's courts, and is subject to total control and dynamic management within provinces, autonomous regions, and municipalities directly under the Central Government. need.

If there is a vacancy in the post of a judge, it shall be filled in a timely manner according to the procedures.

The number of judges of the Supreme People's Court shall be determined by the Supreme People's Court in consultation with relevant departments.

Article XNUMX Judges implement separate job sequence management.

Judges are divided into twelve levels, which are chief justice, first-level justice, second-level justice, first-level senior judge, second-level senior judge, third-level senior judge, fourth-level senior judge, first-level judge, and second-level judge. Judges, third-level judges, fourth-level judges, and fifth-level judges.

Article XNUMX The president of the Supreme People's Court is the chief justice.

Article XNUMX Judges' grades are determined on the basis of judges' ability and integrity performance, professional level, actual trial work performance and working years, etc.

The promotion of judge rank adopts a combination of scheduled promotion and selection promotion. Judges in front-line case-handling positions who are particularly outstanding or have special needs for work can be specially selected for promotion.

Article XNUMX The specific methods for setting, determining and promoting the ranks of judges shall be stipulated separately by the state.

Article XNUMX A unified pre-employment training system is implemented for first-time judges.

Article XNUMX Political, theoretical and professional training should be planned for judges.

The training of judges should integrate theory with practice, teach according to needs, and emphasize practical results.

Article XNUMX The training of judges is used as one of the basis for judges to take office and rank promotion.

Article XNUMX Judge training institutions undertake the task of training judges in accordance with relevant regulations.

Article XNUMX When a judge applies for resignation, he or she shall submit a written application. After approval, the judge shall be removed from his post in accordance with the procedures prescribed by law.

Article XNUMX When a judge is dismissed, he shall be removed from his post in accordance with the procedures prescribed by law.

The dismissal of a judge shall be decided in accordance with the management authority.The dismissal decision shall be notified in writing to the dismissed judge, and the reasons and basis for the decision shall be listed.

Article XNUMX A judge shall not serve as a lawyer ad litem or defender within two years after he leaves the people's court.

After a judge resigns from a people's court, he may not serve as an agent ad litem or defender in a case handled by the court where he served, except for those who act as guardians or close relatives of parties involved in litigation or defense.

After a judge is dismissed, he shall not serve as an agent ad litem or defender, except for those who act as guardians or close relatives of the parties involved in litigation or defense.

Article XNUMX Due to work needs, judges may be selected or approved by their units to assist in carrying out practical teaching and research work in institutions of higher learning and scientific research institutes, and abide by relevant state regulations.

    Chapter VI Judges' Assessment, Rewards and Punishments

    Article XNUMX The People's Court has established a Judge Evaluation Committee to be responsible for the evaluation of the judges of the court.

Article XNUMX The judge evaluation committee consists of five to nine members.

The director of the judge evaluation committee shall be the president of the court.

Article XNUMX The assessment of judges shall be comprehensive, objective and fair, and a combination of regular assessment and annual assessment shall be implemented.

Article XNUMX The assessment contents of judges include: trial work performance, professional ethics, professional level, work ability, and trial style.Focus on evaluating the actual performance of the trial work.

Article XNUMX The annual assessment results are divided into four grades: excellent, competent, basically competent and incompetent.

The assessment results serve as the basis for adjusting judges' grades, salaries, rewards and punishments, dismissal, demotion, and dismissal of judges.

Article XNUMX The results of the assessment shall be notified to the judge himself in written form.If the judge disagrees with the assessment results, he may apply for a review.

Article XNUMX Judges who have made outstanding achievements and contributions in trial work, or have other outstanding deeds, shall be rewarded.

Article XNUMX Judges who have one of the following performances shall be rewarded:

(XNUMX) impartial administration of justice and outstanding achievements;

(XNUMX) The results of summarizing trial practice experience are outstanding and have a guiding role in trial work;

(XNUMX) Those who have made remarkable achievements and contributions in handling major cases, dealing with emergencies, and undertaking special and important tasks;

(XNUMX) Suggestions for the reform of judicial work have been adopted, and the effect has been remarkable;

(XNUMX) Putting forward judicial suggestions that are adopted or carrying out publicity on the rule of law and guiding mediation organizations to mediate various disputes, with remarkable results;

(XNUMX) Having other achievements.

Rewards for judges shall be handled in accordance with relevant regulations.

Article XNUMX Judges who commit any of the following acts shall be punished; if a crime is constituted, criminal responsibility shall be investigated according to law:

(XNUMX) Embezzling and accepting bribes, practicing favoritism, or perverting the law;

(XNUMX) concealing, forging, altering, or deliberately destroying evidence or case materials;

(XNUMX) Leaking state secrets, trial work secrets, commercial secrets or personal privacy;

(XNUMX) Intentionally violating laws and regulations to handle cases;

(XNUMX) The result of the referee is wrong due to gross negligence and caused serious consequences;

(XNUMX) Delaying case handling and delaying work;

(XNUMX) Taking advantage of power to seek personal gain for oneself or others;

(XNUMX) Accepting the transfer of benefits from the parties and their agents, or meeting with the parties and their agents in violation of relevant regulations;

(XNUMX) engaging in or participating in profit-making activities in violation of relevant regulations, and concurrently holding positions in enterprises or other profit-making organizations;

(XNUMX) Other violations of discipline and law.

Sanctions by judges shall be handled in accordance with relevant regulations.

Article XNUMX If a judge is suspected of violating discipline and law, has been investigated and investigated, and is not suitable to continue performing his duties, he shall be temporarily suspended from performing his duties in accordance with the management authority and prescribed procedures.

Article XNUMX The Supreme People's Court and provinces, autonomous regions, and municipalities directly under the Central Government shall set up Judge Punishment Committees, which shall be responsible for reviewing and determining from a professional perspective whether judges have violated judicial duties as stipulated in Items XNUMX and XNUMX of Article XNUMX of this Law, and have proposed that they constitute intentional violations of duties. , gross negligence, general negligence or no violation of duties and other review opinions.After the Judge Disciplinary Committee submits its review opinion, the people's court will make a decision on whether to punish the judge in accordance with relevant regulations, and give corresponding treatment.

The Judge Disciplinary Committee is composed of representatives of judges, other persons engaged in the legal profession, and representatives of relevant parties, of whom no less than half of the representatives are judges.

The daily work of the Supreme People's Court Judge Disciplinary Committee and the Provincial Judge Disciplinary Committee shall be undertaken by the internal functional departments of the relevant people's courts.

Article XNUMX When the Judge Disciplinary Committee deliberates on disciplinary matters, the judges involved have the right to apply for the recusal of relevant personnel, and have the right to make statements, produce evidence, and make excuses.

Article XNUMX The review opinion made by the Judge Disciplinary Committee shall be delivered to the judge concerned.If the judge concerned has any objection to the review opinion, he may submit it to the disciplinary committee, which shall examine the objection and its reasons and make a decision.

Article XNUMX The specific procedures for the review of disciplinary matters by the judge disciplinary committee shall be determined by the Supreme People's Court in consultation with relevant departments.

    Chapter VII Professional Security for Judges

    Article XNUMX The people's courts have set up committees for the protection of judges' rights and interests to safeguard the lawful rights and interests of judges and ensure that judges perform their duties in accordance with the law.

Article XNUMX Except for the following circumstances, judges shall not be transferred from their judicial positions:

(XNUMX) Those who need to be recused from office according to regulations;

(XNUMX) Execute job exchanges according to regulations;

(XNUMX) Work needs to be adjusted due to institutional adjustments, cancellations, mergers, or staff reductions;

(XNUMX) Unsuitable to work in a trial position due to violation of discipline and law;

(XNUMX) Other circumstances prescribed by law.

Article XNUMX No unit or individual may require a judge to engage in affairs beyond the scope of statutory duties.

Judges have the right to refuse any act that interferes with the judge's handling of a case, and make a comprehensive and truthful record and report; if there is a violation of discipline or law, the relevant organs shall investigate the responsibility of the responsible persons and perpetrators according to the severity of the circumstances.

Article XNUMX The professional dignity and personal safety of judges are protected by law.

No unit or individual may retaliate against judges and their close relatives.

Those who commit revenge, frame, insult, slander, violence, intimidation, harassment and other illegal and criminal acts against judges and their close relatives shall be severely punished in accordance with the law.

Article XNUMX Where judges are subjected to false reports, false accusations, insults and slanders due to performing their duties in accordance with the law, resulting in damage to their reputation, the people's court shall, in conjunction with relevant departments, clarify the facts in a timely manner, eliminate adverse effects, and hold relevant units or individuals accountable in accordance with the law.

Article XNUMX Where the personal safety of judges and their close relatives is at risk due to the performance of their duties in accordance with the law, the people's courts and public security organs shall take necessary protective measures, such as personal protection and prohibition of specific personnel from contacting the judges and their close relatives.

Article XNUMX Judges implement a salary system that is commensurate with their responsibilities, enjoy state-specified salary benefits according to their rank, and establish a mechanism for synchronizing with civil servants' salaries.

The salary system for judges shall be separately stipulated by the state according to the characteristics of trial work.

Article XNUMX Judges implement a regular capital increase system.

Those who are determined to be excellent and competent through the annual assessment can be promoted to salary grades in accordance with regulations.

Article XNUMX Judges enjoy allowances, subsidies, bonuses, insurance and welfare treatment stipulated by the state.

Article XNUMX Judges who become disabled on duty shall enjoy the disability benefits stipulated by the state.If a judge dies, dies on duty, or dies of illness, his relatives shall enjoy the pension and preferential treatment stipulated by the state.

Article XNUMX The retirement system for judges shall be separately stipulated by the state according to the characteristics of trial work.

Article XNUMX After the judges retire, they enjoy pensions and other benefits stipulated by the state.

Article XNUMX Judges have the right to lodge complaints against violations of the rights of judges stipulated in Article XNUMX of this Law by state organs and their staff.

Article XNUMX If there are mistakes in the judge's punishment or personnel handling, they should be corrected in a timely manner; if reputation damage is caused, the reputation should be restored, the impact should be eliminated, and an apology should be made; if economic losses are caused, compensation should be made.Those who are directly responsible for retaliation should be held accountable in accordance with the law.

    Chapter VIII Supplementary Provisions

    Article XNUMX The state implements a unified legal professional qualification examination system for first-time judges, which shall be organized and implemented by the judicial administrative department of the State Council in consultation with the Supreme People's Court and other relevant departments.

Article XNUMX Under the guidance of judges, assistant judges of people's courts are responsible for reviewing case materials, drafting legal documents and other auxiliary trial affairs.

The people's court shall strengthen the construction of the team of judge assistants, and select and reserve talents for judges.

Article XNUMX Regarding the rights, obligations and management systems of judges, if this Law has already stipulated, the provisions of this Law shall apply; if this Law has not stipulated, the relevant laws and regulations on the management of civil servants shall apply.

Article XNUMX This law shall come into force on January 2019, 10.

Source: http://www.npc.gov.cn/zgrdw/npc/xinwen/2019-04/23/content_2086082.htm For learning purposes only, sharing and learning about law.
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