| Request for Public Comments on the Judges Law (Revised Draft) | | 法官法（修订草案）征求意见 |
(From December 29, 2017, to January 27, 2018) | |
（2017年12月29日至2018年1月27日） |
The Judges Law of the People's Republic of China (Revised Draft) was deliberated at the 31st Session of the Standing Committee of the Twelfth National People's Congress. The Judges Law of the People's Republic of China (Revised Draft) is now published on the website of the National People's Congress, and the public may directly submit their comments by logging on to the website of the National People's Congress (www.npc.gov.cn) or mail their comments to the Legislative Affairs Commission of the Standing Committee of the National People's Congress (1 Qianmen West Street, Xicheng District, Beijing, 100805. Please indicate “Request for Public Comments on the Revised Draft of the Judges Law” on the envelope). Comments may be submitted until January 27, 2018. | |
第十二届全国人大常委会第三十一次会议对《中华人民共和国法官法（修订草案）》进行了审议。现将《中华人民共和国法官法（修订草案）》在中国人大网公布，社会公众可以直接登录中国人大网（www.npc.gov.cn）提出意见，也可以将意见寄送全国人大常委会法制工作委员会（北京市西城区前门西大街1号，邮编：100805。信封上请注明法官法修订草案征求意见）。征求意见截止日期：2018年1月27日。 |
Judges Law of the People's Republic of China (Revised Draft) | |
中华人民共和国法官法（修订草案） |
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| Chapter I General Provisions | | 第一章 总则 |
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| Article 1 This Law is formulated in accordance with the Constitution to advance theregularization, specialization and professionalization ofjudges, reinforce the administration of judges, ensure that the people's courts independently exercise judicial authority according to the law and judges legally perform their duties, and guarantee judicial justice. | | 第一条 为推进法官正规化、专业化、职业化建设，加强对法官的管理，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，保障司法公正，根据宪法，制定本法。 |
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| Article 2 Judges are the state functionaries who exercise judicial authority according to the law. | | 第二条 法官是依法行使审判权的国家公职人员。 |
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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 shall, when handling cases, impartially and equally treat the parties and other participants in proceedings. | | 第四条 法官办理案件，应当公正、平等对待当事人和其他诉讼参与人。 |
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| Article 5 Judges shall be diligent and responsible, be honest and upright, and abide by professional ethics. | | 第五条 法官应当勤勉尽责，清正廉洁，恪守职业道德。 |
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| Article 6 Judges shall be protected by law when performing their duties according to the law. | | 第六条 法官依法履行职责，受法律保护。 |
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| Chapter II Duties, Obligations and Rights of Judges | | 第二章 法官的职责、义务和权利 |
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| Article 7 The duties of judges are as follows: | | 第七条 法官的职责： |
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| (1)Taking part in a trial as a member of a collegial panel or trying a case alone according to the law, and be responsible for the cases handled. | | （一）依法参加合议庭审判或者独任审判案件，并对所办理的案件负责； |
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| (2)Performing other duties as specified by laws. | | （二）法律规定的其他职责。 |
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| Article 8 Presidents, vice presidents, members of judicial committees, chief judges, and associate chief judges of divisions shall, in addition to the adjudicative duties, perform other duties commensurate with their posts. | | 第八条 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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| Article 9 Judges shall perform the following obligations: | | 第九条 法官应当履行下列义务： |
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| (1) Taking facts as the basis, and laws as the criterion when trying cases, and handling cases impartially. | | （一）审判案件必须以事实为根据，以法律为准绳，秉公办案； |
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| (2) Protecting the litigation rights of the participants in proceedings according to the law. | | （二）依法保障诉讼参与人的诉讼权利； |
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| (3) Safeguarding the state interests and public interests, and safeguarding the lawful rights and interests of natural persons, legal persons and other organizations. | | （三）维护国家利益、公共利益，维护自然人、法人和其他组织的合法权益； |
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| (4) Keeping state secrets and the secrets of judicial work. | | （四）保守国家秘密和审判工作秘密； |
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| (5) Accepting legal supervision and supervision by the masses according to the law. | | （五）依法接受法律监督和人民群众监督； |
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| (6)Interpreting laws through cases,heightening the public awareness of the rule of law, and enhancing the building of a society ruled by law. | | （六）以案释法，增强全民法治观念，推进法治社会建设； |
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| (7) Other obligations as specified by laws. | | （七）法律规定的其他义务。 |
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| Article 10 Judges shall enjoy the following rights: | | 第十条 法官享有下列权利： |
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| (1) Having the functions and powers and working conditions which are essential to the performance of 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) Trying cases according to the law without being subject to interference from administrative organs, social groups or individuals . | | （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) Being not transferred, removed or demoted from the post or dismissed, and being not given a disciplinary action, without statutoryreasonsand without undergoing statutory procedures. | | （三）非因法定事由、非经法定程序，不被调离、免职、降职、辞退或者处分； |
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| (4) Being remunerated for work and enjoying insurance and welfare benefits. | | （四）获得劳动报酬，享受保险、福利待遇； |
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| (5) Enjoying the personal, property and residence safety as protected by law. | | （五）人身、财产和住所安全受法律保护； |
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| (6) Receiving training. | | （六）参加培训； |
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| (7) Filing a petition or accusation. | | （七）提出申诉或者控告； |
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| (8) Taking a rest and having a vacation. | | （八）休息和休假； |
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| (9) Resigning their posts. | | （九）辞职； |
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| (10) Other rights as provided by laws. | | （十）法律规定的其他权利。 |
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| Chapter III Selection of Judges | | 第三章 法官的遴选 |
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| Article 11 A judge must possess the following qualifications: | | 第十一条 担任法官必须具备下列条件： |
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| (1) Being 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) Having reached the age of 23. | | （二）年满二十三周岁； |
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| (3) Upholding 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) Having good political and professional quality and being good in conduct. | | （四）具有良好的政治、业务素质和良好的品行； |
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| (5) Having the physical conditions for normally performing his or her duties. | | （五）具有正常履行职责的身体条件； |
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| (6) Having a bachelor's degree or above in law from a full-time regular institution of higher education, or a bachelor's degree or above not in law from a full-time regular institution of higher education but with a degree of juris master, master of law, or above, or a bachelor's degree or above not in law at a full-time regular institution of higher education with any other corresponding degree and with professional knowledge of law. | | （六）具备全日制普通高等学校法学类本科学历并获得学士及以上学位；或者全日制普通高等学校非法学类本科及以上学历，并获得法律硕士、法学硕士及以上学位；或者全日制普通高等学校非法学类本科及以上学历，获得其他相应学位，并具有法律专业知识； |
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| (7) Having engaged in the legal work for at least five years. | | （七）从事法律工作满五年。 |
Where it is truly difficult to apply the academic qualification as specified in item (6) of paragraph 1, after being examined and determined by the Supreme People's Court, the academic qualification for judges may be relaxed during a specific period as graduates from an institution of higher education. | |
适用第一款第六项规定的学历条件确有困难的地方，经最高人民法院审核确定，在一定期限内，可以将担任法官的学历条件放宽为高等学校本科毕业。 |
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| Article 12 A person shall not serve as a judge if he or she: | | 第十二条 下列人员不得担任法官： |
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| (1) had been subject to criminal punishment for committing a crime; | | （一）曾因犯罪受过刑事处罚的； |
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| (2) had been dismissed from public office; | | （二）曾被开除公职的； |
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| (3) had his lawyer's practice certificate or notary's practice certificate revoked; or | | （三）曾被吊销律师、公证员执业证书的； |
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| (4) falls under any other circumstances as provided by the laws. | | （四）有法律规定的其他情形的。 |
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| Article 13 Persons to be appointed as judges for the first time shall be selected through examination and evaluation and based on the standards of having both ability and political integrity from the personnel who have passed the national uniform legal profession qualification examination and obtained the legal profession qualification, meet the conditions for judges, and are best qualified for the post. | | 第十三条 初任法官采用考试、考核的办法，按照德才兼备的标准，从通过国家统一法律职业资格考试取得法律职业资格并且具备法官条件的人员中择优提出人选。 |
Presidents of the people's courts shall have professional knowledge in law and legal professional experience. Vice presidents, members of judicial committees, chief judges, and associate chief judges of divisions shall be selected from among judges. | |
人民法院的院长应当具有法学专业知识和法律职业经历。副院长、审判委员会委员、庭长和副庭长应当从法官中产生。 |
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| Article 14 The people's courts may publicly select judges from lawyers, law experts and other personnel engaging in the legal profession. | | 第十四条 人民法院可以从律师、法学专家等从事法律职业的人员中公开选拔法官。 |
In addition to being qualified as judges and obtaining legal profession qualifications, lawyers participating in public selection shall have actually practiced law for not less than five years, and have good professional reputation; and law experts participating in public selection should have a professional title of lecturer or above, have engaged in teaching or scientific research for five years or more, and have outstanding research ability and excellent research achievements. | |
除应具备法官任职条件并取得法律职业资格外，参加公开选拔的律师应当实际执业不少于五年，从业声誉良好；参加公开选拔的法学专家应具有讲师及以上职称，从事教学或者科研五年以上，有突出研究能力和优秀研究成果。 |
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| Article 15 The Judge Selection Committee of the Supreme People's Court shall be established to take charge of the review of professional abilities of judge candidates of the Supreme People's Court. | | 第十五条 设立最高人民法院法官遴选委员会，负责最高人民法院法官人选专业能力的审核。 |
The judge selection committees of all provinces, autonomous regions and municipalities directly under the Central Government shall be established to take charge of the review of the professional abilities of persons to be appointed as judges for the first time. | |
省、自治区、直辖市设立法官遴选委员会，负责初任法官人选专业能力的审核。 |
The members of provincial judge selection committees shall include the representatives of judges of the local people's courts at all levels and the relevant social representatives, and not less than one-third of whom shall be representatives of judges. | |
省级法官遴选委员会的组成人员应当包括地方各级人民法院法官代表和社会有关代表，其中法官代表不少于三分之一。 |
The offices of provincial judge selection committees shall be established in the higher people's courts to take charge of the routine work of the judge selection committees. | |
省级法官遴选委员会在高级人民法院设立办公机构，负责法官遴选委员会的日常工作。 |
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| Article 16 Persons to be appointed as judges for the first time shall generally take office in basic people's courts. Judges of the people's courts at or above the intermediate levelshall generally be elected on a level-by-level basis. The Supreme People's Court and the higher people's courts may select judges within the scope of the people's courts at the next two levels. | | 第十六条 初任法官一般到基层法院任职。中级以上人民法院法官，一般通过逐级遴选方式产生。最高人民法院和高级人民法院可以在下两级人民法院范围内遴选法官。 |
The judge candidates selected by the intermediate people's courts and the higher people's courts shall generally serve as judges for more than five years in the people's courts at lower levels, and have more than three years of the relevant work experience in the posts to be held. The judge candidates selected by the Supreme People's Court shall generally serve as judges for more than eight years in the people's courts at lower levels, and have more than five years of the relevant work experience in the posts to be held. | |
中级、高级人民法院遴选法官人选一般在下级人民法院担任法官五年以上，并具有遴选职位三年以上相关工作经历；最高人民法院遴选法官人选一般在下级人民法院担任法官八年以上，并具有遴选职位五年以上相关工作经历。 |
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| Chapter IV Appointment and Removal of Judges | | 第四章 法官的任免 |
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| Article 17 The appointment or removal of a judge shall be handled in accordance with the limit of authority for and procedures of appointment or removal as prescribed by the Constitution and laws. | | 第十七条 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 and other 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、审判委员会委员和其他法官，由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 all levels shall be elected or removed by the local people's congresses at the corresponding levels. The vice-presidents, members of the judicial committees and other 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本级人民代表大会选举和罢免，副院长、审判委员会委员和其他法官，由院长提请本级人民代表大会常务委员会任免。 |
The presidents, vice-presidents, members of the judicial committees and other judges 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 appointed and removed by the standing committees of the people's congresses of the provinces, autonomous regions or municipalities directly under the Central Government upon the recommendation of the presidents of the higher people's courts. | |
在省、自治区内按地区设立和直辖市内设立的中级人民法院院长、副院长、审判委员会委员和其他法官由高级人民法院院长提请省、自治区、直辖市人民代表大会常务委员会任免。 |
The presidents, vice-presidents, members of the judicial committees and other judges of the people's courts at all levels of the Production and Construction Corps of Xinjiang Uygur Autonomous Region shall be appointed and removed in accordance with the relevant provisions of the Standing Committee of the National People's Congress. | |
新疆维吾尔自治区生产建设兵团各级人民法院院长、副院长、审判委员会委员和其他法官，依照全国人民代表大会常务委员会的有关规定任免。 |
The presidents, vice-presidents, members of the judicial committees and other judges of the special people's courts shall be appointed and removed in accordance with the relevant provisions of the Standing Committee of the National People's Congress. | |
专门人民法院院长、副院长、审判委员会委员和其他法官，依照全国人民代表大会常务委员会的有关规定任免。 |
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Article 18 A judge shall, after being elected under statutory procedures, shall take a public oath to the Constitution when taking office.
．．．．．． | | 第十八条 法官在依照法定程序产生后，在就职时应当公开进行宪法宣誓。
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