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| Order of the President of the People's Republic of China | | 中华人民共和国主席令 |
(No. 38) | |
（第三十八号） |
The Judges Law of the People's Republic of China, which was adopted at the twelfth session of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on February 28, 1995, is hereby promulgated, and shall come into force as of July 1, 1995. | |
《中华人民共和国法官法》已由中华人民共和国第八届全国人民代表大会常务委员会第十二次会议于１９９５年２月２８日通过，现予公布，自１９９５年７月１日起施行。 |
Jiang Zemin, President of the People's Republic of China | |
中华人民共和国主席 江泽民 |
February 28, 1995 | |
１９９５年２月２８日 |
JUDGES LAW OF THE PEOPLE'S REPUBLIC OF CHINA | |
中华人民共和国法官法 |
(Adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28, 1995) | |
（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） |
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| CONTENTS | | 目录 |
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| CHAPTER I GENERAL PROVISIONS | | 第一章 总则 |
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| CHAPTER II FUNCTIONS AND DUTIES | | 第二章 职责 |
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| CHAPTER III OBLIGATIONS AND RIGHTS | | 第三章 义务和权利 |
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| CHAPTER IV QUALIFICATIONS FOR A JUDGE | | 第四章 法官的条件 |
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| CHAPTER V APPOINTMENT AND REMOVAL | | 第五章 任免 |
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| CHAPTER VI POSTS TO BE AVOIDED | | 第六章 任职回避 |
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| CHAPTER VII GRADES OF JUDGES | | 第七章 法官的等级 |
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| CHAPTER VIII APPRAISAL | | 第八章 考核 |
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| CHAPTER IX TRAINING | | 第九章 培训 |
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| CHAPTER X AWARDS | | 第十章 奖励 |
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| CHAPTER XI PUNISHMENT | | 第十一章 惩戒 |
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| CHAPTER XII SALARY, INSURANCE AND WELFARE | | 第十二章 工资保险福利 |
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| CHAPTER XIII RESIGNATION AND DISMISSAL | | 第十三章 辞职辞退 |
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| CHAPTER XIV RETIREMENT | | 第十四章 退休 |
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| CHAPTER XV PETITION AND COMPLAINT | | 第十五章 申诉控告 |
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| CHAPTER XVI COMMISSION FOR EXAMINATION AND ASSESSMENT OF JUDGES | | 第十六章 法官考评委员会 |
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| CHAPTER XVII SUPPLEMENTARY PROVISIONS | | 第十七章 附则 |
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| CHAPTER I GENERAL PROVISIONS | | 第一章 总则 |
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| Article 1 This Law is enacted in accordance with the Constitution to ensure that the People's Courts independently exercise judicial authority according to law and that judges perform their functions and duties according to law, to enhance the quality of judges, and to realize the scientific administration of judges. | | 第一条 为了保障人民法院依法独立行使审判权，保障法官依法履行职责，提高法官的素质，实现对法官的科学管理，根据宪法，制定本法。 |
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| Article 2 Judges are the judicial personnel who exercise the judicial authority of the State according to law, including presidents, vice presidents, members of judicial committees, chief judges and associate chief judges of divisions, judges and assistant judges of the Supreme People's Court, local People's Courts at various levels and special People's Courts such as military courts. | | 第二条 法官是依法行使国家审判权的审判人员，包括最高人民法院、地方各级人民法院和军事法院等专门人民法院的院长、副院长、审判委员会委员、庭长、副庭长、审判员和助理审判员。 |
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| Article 3 Judges must faithfully implement the Constitution and laws, and serve the people whole-heartedly. | | 第三条 法官必须忠实执行宪法和法律，全心全意为人民服务。 |
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| Article 4 Judges, when performing their functions and duties according to law, shall be protected by law. | | 第四条 法官依法履行职责，受法律保护。 |
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| CHAPTER II FUNCTIONS AND DUTIES | | 第二章 职责 |
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| Article 5 The functions and duties of judges are as follows: | | 第五条 法官的职责： |
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| (1) to take part in a trial as a member of a collegial panel or to try a case alone according to law; and | | （一）依法参加合议庭审判或者独任审判案件； |
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| (2) to perform other functions and duties as provided by law. | | （二）法律规定的其他职责。 |
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| Article 6 Presidents, vice presidents, members of judicial committees, chief judges, associate chief judges of divisions shall, in addition to the judicial functions and duties, perform other functions and duties commensurate with their posts. | | 第六条 院长、副院长、审判委员会委员、庭长、副庭长除履行审判职责外，还应当履行与其职务相适应的职责。 |
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| CHAPTER III OBLIGATIONS AND RIGHTS | | 第三章 义务和权利 |
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| Article 7 Judges shall perform the following obligations: | | 第七条 法官应当履行下列义务： |
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| (1) to strictly observe the Constitution and laws; | | （一）严格遵守宪法和法律； |
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| (2) to take facts as the basis, and laws as the criterion when trying cases, to handle cases impartially, and not to bend law for personal gain; | | （二）审判案件必须以事实为根据，以法律为准绳，秉公办案，不得徇私枉法； |
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| (3) to protect the litigation rights of the participants in proceedings according to law; | | （三）依法保障诉讼参与人的诉讼权利； |
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| (4) to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of citizens, legal persons and other organizations; | | （四）维护国家利益、公共利益，维护公民、法人和其他组织的合法权益； |
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| (5) to be honest and clean, faithful in the discharge of duties, and to abide by discipline; | | （五）清正廉明，忠于职守，遵守纪律； |
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| (6) to keep State secrets and the secrets of judicial work; and | | （六）保守国家秘密和审判工作秘密； |
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| (7) to accept legal supervision and supervision by the masses. | | （七）接受法律监督和人民群众监督。 |
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| Article 8 Judges shall enjoy the following rights: | | 第八条 法官享有下列权利： |
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| (1) to have the power and working conditions which are essential to the performance of functions and duties of judges; | | （一）履行法官职责应当具有的职权和工作条件； |
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| (2) to brook no interference from administrative organs, public organizations or individuals in trying cases according to law; | | （二）依法审判案件不受行政机关、社会团体和个人的干涉； |
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| (3) to be not removed or demoted from the post or dismissed, and to be not given a sanction, without statutory basis and without going through statutory procedures; | | （三）非因法定事由、非经法定程序，不被免职、降职、辞退或者处分； |
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| (4) to be remunerated for work and to enjoy insurance and welfare benefits; | | （四）获得劳动报酬，享受保险、福利待遇； |
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| (5) to enjoy the safety of the person, property and residence as ensured by law; | | （五）人身、财产和住所安全受法律保护； |
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| (6) to receive training; | | （六）参加培训； |
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| (7) to lodge petitions or complaints; and | | （七）提出申诉或者控告； |
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| (8) to resign their posts. | | （八）辞职。 |
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| CHAPTER IV QUALIFICATIONS FOR A JUDGE | | 第四章 法官的条件 |
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| Article 9 A judge must possess the following qualifications: | | 第九条 担任法官必须具备下列条件： |
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| (1) to be of the nationality of the People's Republic of China; | | （一）具有中华人民共和国国籍； |
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| (2) to have reached the age of 23; | | （二）年满二十三岁； |
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| (3) to endorse the Constitution of the People's Republic of China; | | （三）拥护中华人民共和国宪法； |
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| (4) to have fine political and professional quality and to be good in conduct; | | （四）有良好的政治、业务素质和良好的品行； |
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| (5) to be in good health; and | | （五）身体健康； |
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| (6) to have worked for at least two years in the case of graduates from law specialties of colleges or universities or from non-law specialties of colleges or universities but possessing the professional knowledge of law; or to have worked for at least one year in the case of Bachelors of Law; those who have Master's Degree of Law or Doctor's Degree of Law may be not subject to the above mentioned requirements for the number of years set for work. | | （六）高等院校法律专业毕业或者高等院校非法律专业毕业具有法律专业知识，工作满二年的，或者获得法律专业学士学位，工作满一年的；获得法律专业硕士学位、法律专业博士学位的，可以不受上述工作年限的限制。 |
The judicial personnel who do not possess the qualifications as provided by sub-paragraph (6) of the preceding paragraph prior to the implementation of this Law shall receive training so as to meet the qualifications as provided by this Law within a prescribed time limit. The specific measures shall be laid down by the Supreme People's Court. | |
本法施行前的审判人员不具备前款第（六）项规定的条件的，应当接受培训，在规定的期限内达到本法规定的条件，具体办法由最高人民法院制定。 |
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| Article 10 The following persons shall not hold the post of a judge: | | 第十条 下列人员不得担任法官： |
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| (1) to have been subjected to criminal punishment for commission of a crime; or | | （一）曾因犯罪受过刑事处罚的； |
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| (2) to have been discharged from public employment. | | （二）曾被开除公职的。 |
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| CHAPTER V APPOINTMENT AND REMOVAL | | 第五章 任免 |
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| Article 11 A judge shall be appointed or removed from the post in accordance with the limit of authority for, and procedures of, appointment or removal as prescribed by the Constitution and laws. | | 第十一条 法官职务的任免，依照宪法和法律规定的任免权限和程序办理。 |
The President of the Supreme People's Court shall be elected or removed by the National People's Congress. The vice-presidents, members of the judicial committee, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the Standing Committee of the National People's Congress upon the recommendation of the President of the Supreme People's Court. | |
最高人民法院院长由全国人民代表大会选举和罢免，副院长、审判委员会委员、庭长、副庭长和审判员由最高人民法院院长提请全国人民代表大会常务委员会任免。 |
The presidents of the local People's Courts at various levels shall be elected or removed by the local People's Congresses at various levels. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people's congresses at the corresponding levels upon the recommendation of the presidents of those courts. | |
地方各级人民法院院长由地方各级人民代表大会选举和罢免，副院长、审判委员会委员、庭长、副庭长和审判员由本院院长提请本级人民代表大会常务委员会任免。 |
The appointment or removal of the presidents of the intermediate People's Courts set up in prefectures of the provinces or autonomous regions or set up in the municipalities directly under the Central Government shall be decided on by the standing committees of the people's congresses of the provinces, autonomous regions or municipalities directly under the Central Government on the basis of the nominations made by the respective councils of chairmen. The vice- presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people's congresses of the provinces, autonomous regions or municipalities directly under the Central Government upon the recommendations of the presidents of the higher People's Courts. | |
在省、自治区内按地区设立的和在直辖市内设立的中级人民法院院长，由省、自治区、直辖市人民代表大会常务委员会根据主任会议的提名决定任免，副院长、审判委员会委员、庭长、副庭长和审判员由高级人民法院院长提请省、自治区、直辖市的人民代表大会常务委员会任免。 |
The presidents of the local People's Courts at various levels set up in the national autonomous areas shall be elected or removed by the people's congresses at various levels of the national autonomous areas.The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people's congresses at the corresponding levels upon the recommendations of the presidents of those courts. | |
在民族自治地方设立的地方各级人民法院院长，由民族自治地方各级人民代表大会选举和罢免，副院长、审判委员会委员、庭长、副庭长和审判员由本院院长提请本级人民代表大会常务委员会任免。 |
The assistant judges of the People's Courts shall be appointed or removed by the presidents of the courts where they work. | |
人民法院的助理审判员由本院院长任免。 |
The measures for the appointment or removal of the presidents, vice- presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges of the special People's Courts such as the military courts shall be formulated by the Standing Committee of the National People's Congress separately. | |
军事法院等专门人民法院院长、副院长、审判委员会委员、庭长、副庭长和审判员的任免办法，由全国人民代表大会常务委员会另行规定。 |
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| Article 12 Persons to be appointed judges or assistant judges for the first time shall be selected through public examination and strict appraisal, from among the best qualified for the post, and in accordance with the standards of having both ability and political integrity. | | 第十二条 初任审判员、助理审判员采用公开考试、严格考核的办法，按照德才兼备的标准，从具备法官条件的人员中择优提出人选。 |
Persons to be appointed presidents, vice-presidents, members of the judicial committees, chief judges, associate chief judges of divisions shall be selected from among those who are experienced in practical work. | |
担任院长、副院长、审判委员会委员、庭长、副庭长，应当从具有实际工作经验的人员中择优提出人选。 |
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| Article 13 If a judge is found to be in any of the following circumstances, a report shall be submitted according to law concerning the removal of his or her post: | | 第十三条 法官有下列情形之一的，应当依法提请免除其职务： |
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| (1) having forfeited the nationality of the People's Republic of China; | | （一）丧失中华人民共和国国籍的； |
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| (2) having been transferred out of this court; | | （二）调出本法院的； |
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| (3) having no need to maintain his or her original post after a change of post; | | （三）职务变动不需要保留原职务的； |
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| (4) being determined to be incompetent in the post through appraisal; | | （四）经考核确定为不称职的； |
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| (5) being unable to perform the functions and duties of a judge for a long period of time due to poor health; | | （五）因健康原因长期不能履行职务的； |
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| (6) having retired from the post; | | （六）退休的； |
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| (7) having resigned the post, or having been dismissed; | | （七）辞职、辞退的； |
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| (8) being disqualified from continuing to hold the post because of violation of discipline, law or commission of a crime; or | | （八）因违纪、违法犯罪不能继续任职的； |
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| (9) other circumstances that call for removal of the post. | | （九）因其他原因需要免职的。 |
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| Article 14 No judges may concurrently be members of the standing committees of the people's congresses, or hold posts in administrative organs, procuratorial organs, enterprises or institutions, or serve as lawyers. | | 第十四条 法官不得兼任人民代表大会常务委员会的组成人员，不得兼任行政机关、检察机关以及企业、事业单位的职务，不得兼任律师。 |
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| CHAPTER VI POSTS TO BE AVOIDED | | 第六章 任职回避 |
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| Article 15 Judges who are connected by husband-wife relationship, or who are directly related by blood, collateral related within three generations, or closely related by marriage may not, at the same time, hold the following posts: | | 第十五条 法官之间有夫妻关系、直系血亲关系、三代以内旁系血亲以及近姻亲关系的，不得同时担任下列职务： |
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| (1) the president, vice-presidents, members of the judicial committee, chief judges or associate chief judges of divisions in the same People's Court; | | （一）同一人民法院的院长、副院长、审判委员会委员、庭长、副庭长； |
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| (2) the president, vice-presidents, judges or assistant judges in the same People's Court; | | （二）同一人民法院的院长、副院长和审判员、助理审判员； |
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| (3) the chief judge, associate chief judges, judges or assistant judges in the same division; or | | （三）同一审判庭的庭长、副庭长、审判员、助理审判员； |
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| (4) presidents or vice-presidents of the People's Courts at the levels next to each other. | | （四）上下相邻两级人民法院的院长、副院长。 |
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| CHAPTER VII GRADES OF JUDGES | | 第七章 法官的等级 |
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| Article 16 Judges are divided into twelve grades. The President of the Supreme People's Court is the Chief Justice. | | 第十六条 法官的级别分为十二级。 |
Judges from the second grade to the twelfth grade are composed of associate justices, senior Judges and Judges. | |
最高人民法院院长为首席大法官，二至十二级法官分为大法官、高级法官、法官。 |
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| Article 17 Grades of judges shall be determined on the basis of their posts, their actual working ability and political integrity, their professional competence, their achievements in judicial work and their seniority. | | 第十七条 法官的等级的确定，以法官所任职务、德才表现、业务水平、审判工作实绩和工作年限为依据。 |
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| Article 18 The grades of judges shall be established and the measures for their evaluation and promotion shall be formulated separately by the State. | | 第十八条 法官的等级编制、评定和晋升办法，由国家另行规定。 |
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| CHAPTER VIII APPRAISAL | | 第八章 考核 |
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| Article 19 Appraisal of judges shall be conducted by the People's Courts the judges belong to. | | 第十九条 对法官的考核，由所在人民法院组织实施。 |
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| Article 20 The appraisal of judges shall be carried out objectively and impartially, through the combined efforts of the leaders and masses, and routinely and annually. | | 第二十条 对法官的考核，应当客观公正，实行领导和群众相结合，平时考核和年度考核相结合。 |
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| Article 21 The appraisal of judges shall include their achievements in judicial work, their ideological level and moral characters, their competence in judicial work and their mastery of law theories, their attitude in and style of work. However, emphasis shall be laid on the achievements in judicial work. | | 第二十一条 对法官的考核内容包括：审判工作实绩，思想品德，审判业务和法学理论水平，工作态度和审判作风。重点考核审判工作实绩。 |
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| Article 22 The results of the annual appraisal shall fall into three grades: excellent, competent and incompetent. | | 第二十二条 年度考核结果分为优秀、称职、不称职三个等次。 |
The result of appraisal shall be taken as the basis for award, punishment, training, dismissal of a judge, and for readjustment of his or her grade and salary. | |
考核结果作为对法官奖惩、培训、辞退以及调整等级和工资的依据。 |
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| Article 23 A judge shall be informed of the result of the appraisal in written form. If the judge disagrees with the result, he or she may apply for reconsideration. | | 第二十三条 考核结果以书面形式通知本人。本人对考核结果如有异议，可以申请复议。 |
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| CHAPTER IX TRAINING | | 第九章 培训 |
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| Article 24 Theoretical and professional training for judges shall be carried out in a planned way. | | 第二十四条 对法官应当有计划地进行理论培训和业务培训。 |
The principles of integrating theory with practice, giving lectures in light of the needs, and emphasizing practical results shall be applied in the training of judges. | |
法官的培训，贯彻理论联系实际、按需施教、讲求实效的原则。 |
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| Article 25 The judges colleges and universities of the State and other institutions for training judges shall, in accordance with the relevant regulations, undertake the task of training judges. | | 第二十五条 国家法官院校和其他法官培训机构按照有关规定承担培训法官的任务。 |
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| Article 26 The results of the studies of judges and the appraisals made during their training shall be taken as one of the bases for their appointment and promotion. | | 第二十六条 法官在培训期间的学习成绩和鉴定，作为其任职、晋升的依据之一。 |
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| CHAPTER X AWARDS | | 第十章 奖励 |
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| Article 27 Judges who have made significant achievements and contributions in judicial work, or performed other outstanding deeds shall be rewarded. | | 第二十七条 法官在审判工作中有显著成绩和贡献的，或者有其他突出事迹的，应当给予奖励。 |
The principle of combining moral encouragement with material reward shall be applied in rewarding judges. | |
对法官的奖励，实行精神鼓励和物质鼓励相结合的原则。 |
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| Article 28 Judges who have any of the following achievements to their credit shall be rewarded: | | 第二十八条 法官有下列表现之一的，应当给予奖励： |
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| (1) having achieved notable successes in enforcing laws and handling cases impartially; | | （一）在审理案件中秉公执法，成绩显著的； |
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| (2) having accumulated rich experience in judicial practice that may serve as a guide in judicial work; | | （二）总结审判实践经验成果突出，对审判工作有指导作用的； |
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| (3) having made proposals for the reform of judicial work that have been adopted and have produced remarkable results; | | （三）对审判工作提出改革建议被采纳，效果显著的； |
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| (4) having performed outstanding deeds in safeguarding the interests of the State, the collective and the people against heavy losses; | | （四）保护国家、集体和人民利益，使其免受重大损失，事迹突出的； |
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| (5) having performed outstanding deeds by bravely fighting against illegal or criminal acts; | | （五）勇于同违法犯罪行为作斗争，事迹突出的； |
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| (6) having made judicial proposals that have been adopted, and have produced remarkable results, or having scored outstanding successes in publicizing the importance of the legal system and guiding the work of the people's mediation committees; | | （六）提出司法建议被采纳或者开展法制宣传、指导人民调解委员会工作，效果显著的； |
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| (7) having scored outstanding achievements in protecting State secrets and secrets of judicial work; or | | （七）保护国家秘密和审判工作秘密，有显著成绩的； |
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| (8) having performed other meritorious deeds. | | （八）有其他功绩的。 |
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| Article 29 The awards include: Citation for Meritorious Deeds, Merit Citation Class III, Merit Citation Class II, Merit Citation Class I, and a title of honour. | | 第二十九条 奖励分为：嘉奖，记三等功、二等功、一等功，授予荣誉称号。 |
The awards shall be authorized and procedures gone through in accordance with the relevant regulations. | |
奖励的权限和程序按照有关规定办理。 |
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| CHAPTER XI PUNISHMENT | | 第十一章 惩戒 |
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| Article 30 No judges may commit any of the following acts: | | 第三十条 法官不得有下列行为： |
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| (1) to spread statements damaging the prestige of the State; to join illegal organizations; to take part in such activities as assembly, procession and demonstration against the State; and to participate in strikes; | | （一）散布有损国家声誉的言论，参加非法组织，参加旨在反对国家的集会、游行、示威等活动，参加罢工； |
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| (2) to embezzle money or accept bribes; | | （二）贪污受贿； |
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| (3) to bend law for personal gain; | | （三）徇私枉法； |
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| (4) to extort confessions by torture; | | （四）刑讯逼供； |
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| (5) to conceal or falsify evidence; | | （五）隐瞒证据或者伪造证据； |
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| (6) to divulge State secrets or secrets of judicial work; | | （六）泄露国家秘密或者审判工作秘密； |
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| (7) to abuse functions and powers; and to infringe upon the legitimate rights and interests of citizens, legal persons or other organizations; | | （七）滥用职权，侵犯公民、法人或者其他组织的合法权益； |
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| (8) to neglect his or her duty so as to wrongly judge a case or to cause heavy losses to the party concerned; | | （八）玩忽职守，造成错案或者给当事人造成严重损失； |
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| (9) to intentionally delay the handling of a case so as to affect the work adversely; | | （九）故意拖延办案，贻误工作； |
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| (10) to take advantage of the functions and powers to seek gain for himself or herself or other people; | | （十）利用职权为自己或者他人谋取私利； |
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| (11) to engage in profit-making activities; | | （十一）从事营利性的经营活动； |
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| (12) to meet the party concerned or his or her agent without authorization and attend dinners or accept presents given by the party concerned or his or her agent; or | | （十二）私自会见当事人及其代理人，接受当事人及其代理人的请客送礼； |
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| (13) to commit other acts in violation of law or discipline. | | （十三）其他违法乱纪的行为。 |
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| Article 31 A judge who has committed any of the acts listed in Article 30 of this Law shall be given sanctions; if the case constitutes a crime, he or she shall be investigated for criminal responsibility. | | 第三十一条 法官有本法第三十条所列行为之一的，应当给予处分；构成犯罪的，依法追究刑事责任。 |
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| Article 32 Sanctions include a disciplinary warning, a demerit recorded, a grave demerit recorded, demotion, dismissal from the post and discharge from public employment. | | 第三十二条 处分分为：警告、记过、记大过、降级、撤职、开除。 |
The salary of a judge who has been dismissed from the post shall at the same time be reduced and his or her grade be demoted. | |
受撤职处分的，同时降低工资和等级。 |
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| Article 33 A sanction shall be authorized and procedures gone through in accordance with the relevant regulations | | 第三十三条 处分的权限和程序按照有关规定办理。 |
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| CHAPTER XII SALARY, INSURANCE AND WELFARE | | 第十二章 工资保险福利 |
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| Article 34 The salary system and scales for judges shall, in light of the characteristics of judicial work, be formulated by the State. | | 第三十四条 法官的工资制度和工资标准，根据审判工作特点，由国家规定。 |
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| Article 35 The system under which the salaries of judges are increased regularly shall be practised. The salary of a judge who has been confirmed through appraisal as being excellent or competent may be raised in accordance with the regulations; the salary of a judge who has made special contributions may be raised in advance in accordance with regulations. | | 第三十五条 法官实行定期增资制度。经考核确定为优秀、称职的，可以按照规定晋升工资；有特殊贡献的，可以按照规定提前晋升工资。 |
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| Article 36 Judges shall enjoy judicial allowances, regional allowances and other allowances and insurance and welfare benefits as prescribed by the State. | | 第三十六条 法官享受国家规定的审判津贴、地区津贴、其他津贴以及保险和福利待遇。 |
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| CHAPTER XIII RESIGNATION AND DISMISSAL | | 第十三章 辞职辞退 |
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| Article 37 If a judge requests resignation, he or she shall present an application in written form before he or she shall be removed in accordance with the procedures as provided by law. | | 第三十七条 法官要求辞职，应当由本人提出书面申请，依照法律规定的程序免除其职务。 |
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| Article 38 A judge may be dismissed if he or she is found to be in any of the following circumstances: | | 第三十八条 法官有下列情形之一的，可以予以辞退： |
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| (1) to be confirmed by annual appraisal as being incompetent for two successive years; | | （一）在年度考核中，连续两年确定为不称职的； |
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| (2) to be unqualified for the present post and decline to accept other assignments; | | （二）不胜任现职工作，又不接受另行安排的； |
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| (3) to refuse to accept reasonable transfer, which is necessitated by restructuring of the judicial organ or reduction of the size of the staff; | | （三）因审判机构调整或者缩减编制员额需要调整工作，本人拒绝合理安排的； |
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| (4) to have stayed away from work without leave or to have overstayed his or her leave for fifteen days or more in succession, or for thirty days or more in a year aggregated; or | | （四）旷工或者无正当理由逾假不归连续超过十五天，或者一年内累计超过三十天的； |
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| (5) to fail to perform a judge's duty, and make no rectification after criticism. | | （五）不履行法官义务，经教育仍不改正的。 |
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| Article 39 A judge who is dismissed shall be removed from the post in accordance with the procedures as provided by law. | | 第三十九条 辞退法官应当依照法律规定的程序免除其职务。 |
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| CHAPTER XIV RETIREMENT | | 第十四章 退休 |
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| Article 40 The retirement system regarding judges shall, in light of the characteristics of judicial work, be formulated separately by the State. | | 第四十条 法官的退休制度，根据审判工作特点，由国家另行规定。 |
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| Article 41 After retirement judges shall enjoy the insurance of old-age pension and other benefits as prescribed by the State. | | 第四十一条 法官退休后，享受国家规定的养老保险金和其他待遇。 |
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| CHAPTER XV PETITION AND COMPLAINT | | 第十五章 申诉控告 |
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| Article 42 If a judge disagrees with the sanction given to him or her by a People's Court, he or she may, within thirty days from the date of receiving the decision on the sanction, apply for reconsideration to the organ which handled the case and shall have the right to appeal to the organ at a level higher than the organ which handled the case. | | 第四十二条 法官对人民法院关于本人的处分不服，自收到处分决定之日起三十日内可以向原处理机关申请复议，并有权向原处理机关的上级机关申诉。 |
The organ that receives the appeal must make a decision on it in accordance with regulations. | |
受理申诉的机关必须按照规定作出处理。 |
Execution of a decision on a sanction given to a judge shall not be suspended during the period of reconsideration or petition. | |
复议和申诉期间，不停止对法官处分决定的执行。 |
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| Article 43 If a State organ or any of its functionaries commits an act infringing upon the rights of a judge as provided by Article 8 of this Law, the judge shall have the right to make a complaint. | | 第四十三条 对于国家机关及其工作人员侵犯本法第八条规定的法官权利的行为，法官有权提出控告。 |
If an administrative organ, a public organization or an individual interferes in a case that a judge is trying according to law, that organ, organization or individual shall be investigated for responsibility according to law. | |
行政机关、社会团体或者个人干涉法官依法审判案件的，应当依法追究其责任。 |
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| Article 44 The petition or complaint made by a judge shall be true to facts. If a judge makes up a story or lodges a false accusation against an innocent person, he or she shall be investigated for responsibility according to law. | | 第四十四条 法官提出申诉和控告，应当实事求是。对捏造事实、诬告陷害的，应当依法追究其责任。 |
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| Article 45 Where a sanction given to a judge is wrong, it shall be put right without delay; if it has damaged the judge's reputation, the reputation shall be rehabilitated, the ill effects shall be eliminated and an apology shall be made; if it has caused financial losses to the judge, compensations shall be made. The persons who are directly responsible for retaliation shall be investigated for responsibility according to law. | | 第四十五条 对法官处分错误的，应当及时予以纠正；造成名誉损害的，应当恢复名誉、消除影响、赔礼道歉；造成经济损失的，应当赔偿。对打击报复的直接责任人员，应当依法追究其责任。 |
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| CHAPTER XVI COMMISSION FOR EXAMINATION AND ASSESSMENT OF JUDGES | | 第十六章 法官考评委员会 |
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| Article 46 A People's Court shall establish a commission for examination and assessment of judges. | | 第四十六条 人民法院设法官考评委员会。 |
The functions and duties of a commission for examination and assessment of judges are to guide the training, examination, appraisal and assessment of judges. Specific measures therefor shall be formulated separately. | |
法官考评委员会的职责是指导对法官的培训、考核、评议工作。具体办法另行规定。 |
The commission for examination and assessment of judges of the Supreme People's Court shall, in accordance with the provisions of Article 12 of this Law, organize unified national examination for judges and assistant judges to be appointed as such for the first time. | |
最高人民法院法官考评委员会依照本法第十二条的规定，组织初任审判员、助理审判员的全国统一考试。 |
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| Article 47 The number of persons on a commission for examination and assessment of judges shall be five to nine. | | 第四十七条 法官考评委员会的组成人员为五至九人。 |
The chairman of a commission for examination and assessment of judges shall be assumed by the president of the court it belongs to. | |
法官考评委员会主任由本院院长担任。 |
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| CHAPTER XVII SUPPLEMENTARY PROVISIONS | | 第十七章 附则 |
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| Article 48 The executors of the People's Courts shall be administered with reference to the relevant provisions of this Law. | | 第四十八条 对人民法院的执行员，参照本法有关规定进行管理。 |
Measures for the administration of the clerks of the People's Courts shall be formulated by the Supreme People's Court. | |
人民法院的书记员的管理办法，由最高人民法院制定。 |
The administrative judicial personnel of the People's Courts shall be administered in accordance with the relevant regulations of the State. | |
对人民法院的司法行政人员，依照国家有关规定进行管理。 |
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| Article 49 This Law shall come into force as of July 1, 1995. | | 第四十九条 本法自１９９５年７月１日起施行。 |
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