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People's Republic Of China Judges Law

Original Language Title: 中华人民共和国法官法

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People's Republic of China judges law (February 28, 1995 meeting of the Standing Committee of the national people's Congress of 12th through June 30, 2001, the ninth session of the 22nd meeting of the Standing Committee of the national people's Congress to amend People's Republic of China judges law decision on amendments) contents chapter I General provisions chapter II chapter III obligations and responsibilities rights of fourth chapter is conditions of the fifth chapter of members appointment and removal of judges of the sixth chapter assignment evasion seventh chapter rank eighth chapter assessment chapter Nineth training  Chapter 10 chapter awards 11th 12th 13th salary insurance benefits chapter resignation and dismissal of discipline chapter 14th 15th chapter evaluation of complaints against judges of the 16th chapter of retirement the 17th chapter of the Commission annex chapter I General provisions article in order to improve the quality of judges, and strengthen the management of judges, safeguard the people's courts exercise judicial power independently, safeguard judges perform their duties according to law, safeguard judicial justice in accordance with the Constitution, this law is enacted.  Second judge is to exercise the State trial judges, including the Supreme People's Court, local people's courts, military courts and other special people's courts President Vice President, Member of the Judicial Committee, chief judges, Associate Chief judges, judges or assistant judges.  Article III judges must faithfully implement the Constitution and the law, serve the people wholeheartedly.  Article fourth judges perform their duties according to law, are protected by law.  Fifth chapter responsibilities responsibilities of judges: (a) the bench trial or sole judge the case according to law, (ii) other duties prescribed by law.   Sixth President, Vice President, members of the judicial committees, the President, the Vice President in addition to performing judicial duties, and shall perform the duties commensurate with their duties.  Third chapter obligations and right seventh article judge should perform following obligations: (a) strictly comply with Constitution and legal; (ii) trial case must to facts for according to, to legal for criterion, impartially case, shall not bending; (three) law guarantees litigation participation people of litigation right; (four) maintenance national interests, and public interests, maintenance natural, and corporate and other organization of lawful rights and interests of; (five) upright clean, loyal to duty, comply with discipline, adhere to the ethics; (six) conservative national secret and trial work secret;  (VII) accept legal supervision and supervision by the masses.  Eighth article judge enjoys following right: (a) perform judge duties should has of terms and work conditions; (ii) law trial case not by administrative organ, and social groups and personal of interference; (three) non-for statutory causes, and non-by statutory program, not was removal, and demoted, and dismissed or disposition; (four) get labor paid, enjoy insurance, and welfare treatment; (five) personal, and property and residence security by legal protection; (six) participate in training; (seven) proposed complaints or charged; (eight) resigned. Fourth chapter judge of conditions Nineth article served as judge must has following conditions: (a) has People's Republic of China nationality; (ii) years full 23 age; (three) support People's Republic of China Constitution; (four) has good of political, and business quality and good of conduct; (five) body health; (six) University legal professional undergraduate graduated or University non-legal professional undergraduate graduated has legal expertise, engaged in legal work full two years, which served as senior court, and Supreme People's Court judge,  Should be practising law for three years; legal professional master's degree, doctorate or master's degree, doctorate in law with legal expertise, practicing law for less than a year, as higher people's Court, the Supreme People's Court judge, should be engaged in legal work for two years.  Before the promulgation of this law the judge does not have the conditions laid down in the sixth of the preceding paragraph, should be trained, and the specific measures formulated by the Supreme People's Court.  Application of the first paragraph there is difficulty in academic requirements provided for in the sixth place, determined by the Supreme People's Court review, within a certain period, the educational qualifications of the judges can be relaxed to accredited law college graduate.  Article tenth of the following persons may not serve as a judge: (a) have been subjected to criminal punishment for committing crime; (b) has been dismissed.  The fifth chapter appointed 11th the appointment and removal of judges, in accordance with the Constitution and the rule of law and the rights of appointment and removal procedures.  Supreme People's Court by the national people's Congress election and recall, Vice President, members of the judicial Commission, the President, the Vice President and judge appointment and dismissal by the Supreme People's Court drew attention to the Standing Committee of the national people's Congress.  Local people's courts at various levels by the local people's congresses to elect and dismiss, Vice President, members of the judicial Commission, the President, the Vice President and judges by the President of the Court drew attention to the appointment and removal of the Standing Committee of the present level.  By region in provinces and autonomous regions to set up and established by the President of the intermediate people's Court in the municipalities, provinces, autonomous regions, municipalities directly under the Standing Committee of the national people's Congress on the nomination of Directors meeting decided to appoint Vice President and member of the Judicial Committee, the President, the Vice President and judges submitted by the President of the higher people's Court of provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress and termination.  Local people's courts at all levels set up in autonomous areas, autonomous areas by the people's congresses to elect and dismiss, Vice President, members of the judicial Commission, the President, the Vice President and judges by the President of the Court drew attention to the appointment and removal of the Standing Committee of the present level.  Assistant judge of the Court by the President of the Court decision.  Military courts and other special people's President, Vice President, members of the judicial committees, the President, the Deputy President and the method of appointment and removal of judges, by the Standing Committee of the national people's Congress separately.  Strict assessment approaches to the 12th junior judge, in accordance with both ability and political integrity standards, from the national unified judicial examination qualified and have selected candidates for the judge's conditions of personnel.  The President, the Deputy President of the Court should be a judge, or in other conditions of judges who selected candidates.  13th article judge has following case one of of, should law drew attention to the from its positions: (a) lost People's Republic of China nationality of; (ii) out this Court of; (three) positions changes not need retained original positions of; (four) by assessment determine for not competent of; (five) for health reasons long-term cannot perform positions of; (six) retired of; (seven) resigned or was dismissed of; (eight) for disciplinary, and illegal crime cannot continues to served of.  14th for violation of this law of the conditions of the appointment of judges, once discovered, the appointing authorities shall revoke the appointment; superior people's Court found that lower-court judges appointed in violation of the conditions prescribed by this law, should recommend the subordinate court to revoke the appointment, or suggested the lower court drew attention to the Standing Committee of the national people's Congress to revoke the appointment at the same level.  15th a judge shall not concurrently serve as members of the Standing Committee of the national people's Congress, must not hold posts in administrative organs, duties of the procuratorial organs, enterprises, institutions, or serve as lawyers.  Sixth chapter served avoided 16th article judge Zhijian has couples relationship, and straight relationship, and three generations within next Department blood and near in-laws relationship of, shall not while served as following positions: (a) same Court of Dean, and Deputy Dean, and trial Committee members, and President, and Deputy President; (ii) same Court of Dean, and Deputy Dean and judge, and Assistant judge; (three) same Chamber of President, and Deputy President, and judge, and Assistant judge; (four) upper and lower adjacent two level court of Dean, and Deputy Dean.  17th judges from people's courts within two years after leaving office, not as a lawyer acts as agent ad litem or a defender.  Judges from the Court after leaving worked as agent ad litem or court cases must not advocate.  Judge's spouse, children shall not serve as the judges of the court handling the case of agent ad litem or defender.  Judge of the seventh chapter rank 18th judges are divided into 12 levels.  President of the Supreme People's Court Chief Justice, two to 12 judges into justice, senior judge, judge.  19th grade of judges under article, to judge by their posts, merit, their professional level, trial based on performance and working life.   20th judges grades of measures for their evaluation and promotion, it shall be separately prescribed by the State.  The eighth chapter assessment article 21st of the judge's assessment, by the people's Court Organization.  22nd the judge's examination shall be objective and fair, combining leadership and the masses, and routinely and annually combined. 23rd the assessment of judges include: achievements in judicial work, moral, trial operation and theory of law, work attitude and style of the trial.  Emphasis shall be achievements in judicial work.  24th annual evaluation results into excellent, competent and incompetent three grades.  Assessment results as to the judge's punishment, training, dismissal, dismissal, and adjust the levels and wages based on. 25th examination results in writing notify me.  I disagrees with the assessment results may apply for reconsideration.  Nineth training 26th theory for judges should be systematically trained and professional training.  The training of judges, integrating theory with practice, on-demand education, the principle of pursuing practical results.  27th national judges College and other institutions for training judges in accordance with the relevant regulations, undertake the task of training judges.  28th a judge to learn during the training and identification, as a basis for their appointment and promotion.  Tenth chapter awards 29th judges in trials who have made significant achievements and contributions, or performed other outstanding deeds shall be rewarded.  The judge's award, the implementation of the principle of combining moral encouragement with material incentives. Article 30th Judge has following performance one of of, should give award: (a) in trial case in the justly, results significantly of; (ii) summary trial practice experience results highlight, on trial work has guide role of; (three) on trial work proposed reform recommends was adopted, effect significantly of; (four) protection national, and collective and people interests, makes its from by major loss, deeds highlight of; (five) courage to with illegal crime behavior for struggle, deeds highlight of; (six) proposed judicial recommends was adopted or carried out legal publicity, and  Guide the work of people's mediation committees, the effect is remarkable; (g) the protection of State secrets and the secrets of judicial work, have made significant achievements and (VIII) other feats.  31st awards include: citation, three class I, class II, merit citation class I, a title of honour.  Rewards competence and procedures in accordance with the relevant regulations. 11th chapter disciplinary 32nd article judge shall not has following behavior: (a) spread lossy national reputation of speech, participate in illegal organization, participate in aimed at against national of rally, and March, and demonstrations, activities, participate in strike; (ii) corruption bribery; (three) bending; (four) torture confessions; (five) hide evidence or forged evidence; (six) leaked national secret or trial work secret; (seven) abuse, violations natural, and corporate or other organization of lawful rights and interests of; (eight) negligence,  Causing miscarriage or cause serious losses to individuals; (I) delays in handling cases, delay, (10) using his power to seek personal benefits for themselves or others, (11) engage in profit-making business activities (12) secretly meets with the parties and their agents, parties and their agents treat or gift (13) other acts of lawlessness.  32nd 33rd judge to the law of one of the acts listed in article should be given punishment constitutes a crime, criminal responsibility shall be investigated according to law.  Article 34th disposition is divided into: a warning, demerit, demerit, demotion, dismissal, dismissal.  Affected by the dismissal, while reducing wages and levels.  35th dispose of rights and procedures in accordance with the relevant regulations.  12th chapter 36th salary insurance benefits system of judges ' salaries and wages, according to the characteristics of judicial work, be formulated by the State. 37th judge the regular replenishment system.  Assessment identified as excellent, competent, in accordance with the provisions of the salary; special contribution, salary in advance in accordance with regulations.  38th judge trial under the State allowances, regional allowances and other allowances and insurance and benefits.  13th chapter, resignation and dismissal 39th judge asked to resign, she shall submit a written application, remove it from Office in accordance with the procedure prescribed by law.  40th article judge has following case one of of, be dismissed: (a) in annual assessment in the, continuous two years determine for not competent of; (ii) not competent serving work, and not accept separately arrangements of; (three) for trial institutions adjustment or reduced prepared posts need adjustment work, I refused to reasonable arrangements of; (four) absenteeism or no due reason over fake not return continuous over 15 days, or one years within cumulative over 30 days of; (five) not perform judge obligations, by education still not corrected of.  41st dismissed the judges shall, in accordance with the procedure prescribed by law removed from the post.  14th chapter 42nd retired judges retirement system, according to the characteristics of judicial work, shall be separately prescribed by the State.  Article 43rd judges after retirement and enjoy pension and other benefits as prescribed by the State.  15th chapter judges on the Court of appeals against 44th article about my disposition, disposition, from the date of the disposition, a decision is received within 30th May to the original disposition, processing, apply for reconsideration, and the right to dispose of the complaint, dealing with organs of the authorities at.  Complaints must be made in accordance with the provisions.  During the reconsideration and appeal, and do not stop execution of the decision on the punishment of judges, handling.  Article 45th State organs and their staff members violated the law article eighth of rights of judges, judges have the right to make a complaint.  Administrative organs, social groups or individuals from interfering judges trying the case according to law, shall be investigated for responsibility. Article 46th judge petitions and complaints shall be true to facts.  To fabricate facts, falsely, should be investigated for responsibility according to law. 47th sanction given to a judge or deal with the error should be corrected in a timely manner causing reputation damage, should be rehabilitated, eliminate impact, an apology, causing economic losses, he shall compensate.  Retaliating against persons directly responsible shall be investigated for responsibility according to law.  16th chapter Evaluation Committee 48th Court of judges the judges examination Committee. Judges Evaluation Committee's role is to guide the judge's training, assessment, appraisal.  Specific measures shall be prescribed separately.  49th judge Evaluation Committee composed of five to nine people.  Judges Evaluation Committee chaired by the President of the Court.  17th chapter by-laws 50th Supreme People's Court according to trial work, in conjunction with the departments concerned at all levels of the people's Court of Justice posts in the staffing solution. 51st state for newly appointed judges, the Prosecutor and solicitor of unified judicial examination system.  Department of judicial administration under the State Council in conjunction with the Supreme People's Court and the Supreme People's Procuratorate jointly formulate implementation measures for the national judicial examination, by the Department of judicial administration under the State Council is responsible for the implementation.  52nd Court Executive Officer, managed reference to the relevant provisions of this law.  Administrative measures on clerk of the Court, formulated by the Supreme People's Court.  Courts of magistrates, are managed in accordance with the relevant provisions of the State. 53rd this law shall come into force on July 1, 1995.