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Judges Law of the People's Republic of China (2019 Revision) [Not Yet Effective]
中华人民共和国法官法(2019修订) [尚未生效]
【法宝引证码】

Order of the President of the People's Republic of China 

中华人民共和国主席令

(No. 27) (第二十七号)

The Judges Law of the People's Republic of China, as revised and adopted at the 10th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 23, 2019, is hereby issued, and shall come into force on October 1, 2019. 中华人民共和国法官法》已由中华人民共和国第十三届全国人民代表大会常务委员会第十次会议于2019年4月23日修订通过,现将修订后的《中华人民共和国法官法》公布,自2019年10月1日起施行。
Xi Jinping, President of the People's Republic of China 中华人民共和国主席 习近平
April 23, 2019 2019年4月23日
Judges Law of the People's Republic of China 中华人民共和国法官法
(Adopted at the 12th Session of the Standing Committee of the Eighth National People's Congress on February 28, 1995, amended for the first time in accordance with the Decision to Amend the Judges Law of the People's Republic of China adopted at the 22nd Session of the Standing Committee of the Ninth National People's Congress on June 30, 2001, amended for the second time in accordance with the Decision to Amend Eight Laws including the Judges Law of the People's Republic of China adopted at the 29th Session of the Standing Committee of the Twelfth National People's Congress on September 1, 2017, and revised at the 10th Session of the Standing Committee of the Thirteenth National People's Congress on April 23, 2019) (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)
Contents 目  录
Chapter I General Provisions 第一章 总  则
 
Chapter II Duties, Obligations and Rights of Judges 第二章 法官的职责、义务和权利
 
Chapter III Qualifications and Selection of Judges 第三章 法官的条件和遴选
 
Chapter IV Appointment and Removal of Judges 第四章 法官的任免
 
Chapter V Administration of Judges 第五章 法官的管理
 
Chapter VI Evaluation of, Rewards for and Disciplinary Actions against Judges 第六章 法官的考核、奖励和惩戒
 
Chapter VII Job Security of Judges 第七章 法官的职业保障
 
Chapter VIII Supplemental Provisions 第八章 附  则
 
Chapter I General Provisions 

第一章 总  则

 
Article 1 This Law is formulated in accordance with the Constitution to advance the building of high-quality judges team in an all-round way, enhance the administration and supervision of judges, safeguard judges' lawful rights and interests, 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 为了全面推进高素质法官队伍建设,加强对法官的管理和监督,维护法官合法权益,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。
Article 2 Judges are the judicial personnel who exercise the judicial authority of the state according to the law, including presidents, vice presidents, members of judicial committees, chief judges and associate chief judges of divisions, and judges of the Supreme People's Court, local people's courts at all 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、副庭长和审判员。
Article 3 Judges must faithfully implement the Constitution and laws, safeguard social fairness and justice, and serve the people whole-heartedly.   第三条 法官必须忠实执行宪法和法律,维护社会公平正义,全心全意为人民服务。
Article 4 Judges shall impartially treat the parties and other participants in proceedings, and apply laws equally to all individuals and organizations.   第四条 法官应当公正对待当事人和其他诉讼参与人,对一切个人和组织在适用法律上一律平等。
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,清正廉明,恪守职业道德。
Article 6 Judges shall take facts as the basis and the law as the criterion and uphold an objective and fair position in the trial of cases.   第六条 法官审判案件,应当以事实为根据,以法律为准绳,秉持客观公正的立场。
Article 7 Judges shall be protected by law, and shall not be subject to interference from administrative organs, social groups or individuals when performing their functions according to the law.   第七条 法官依法履行职责,受法律保护,不受行政机关、社会团体和个人的干涉。
Chapter II Duties, Obligations and Rights of Judges 

第二章 法官的职责、义务和权利

 
Article 8 The duties of judges are as follows:   第八条 法官的职责:
(1) Taking part in a trial as a member of a collegial panel or trying a criminal, civil, administrative litigation, state compensation or any other case alone according to the law. (一)依法参加合议庭审判或者独任审判刑事、民事、行政诉讼以及国家赔偿等案件;
(2) Handling extradition, judicial assistance and other cases according to the law. (二)依法办理引渡、司法协助等案件;
(3) Performing other duties as provided by law. (三)法律规定的其他职责。
Judges shall be responsible for the cases handled by them within the scope of their functions and powers. 法官在职权范围内对所办理的案件负责。
Article 9 Presidents, vice presidents, members of judicial committees, and chief judges and associate chief judges of divisions of the people's courts shall, in addition to the adjudicative duties, perform other duties commensurate with their posts.   第九条 人民法院院长、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。
Article 10 Judges shall perform the following obligations:   第十条 法官应当履行下列义务:
(1) Strictly observing the Constitution and laws. (一)严格遵守宪法和法律;
(2) Handling cases impartially, and not bending the law for personal gains. (二)秉公办案,不得徇私枉法;
(3) Protecting the litigation rights of the parties and other participants in proceedings according to the law. (三)依法保障当事人和其他诉讼参与人的诉讼权利;
(4) Safeguarding the state interests and public interests, and safeguarding the lawful rights and interests of individuals and organizations. (四)维护国家利益、社会公共利益,维护个人和组织的合法权益;
(5) Keeping state secrets and the secrets of judicial work, and keeping confidential all trade secrets and personal privacy to which they have access in performing their duties. (五)保守国家秘密和审判工作秘密,对履行职责中知悉的商业秘密和个人隐私予以保密;
(6) Accepting legal supervision and supervision by the masses according to the law. (六)依法接受法律监督和人民群众监督;
(7) Interpreting laws through cases, heightening the public awareness of the rule of law, and advancing the building of a society ruled by law through the handling of cases according to the law. (七)通过依法办理案件以案释法,增强全民法治观念,推进法治社会建设;
(8) Other obligations as provided by law. (八)法律规定的其他义务。
Article 11 Judges shall enjoy the following rights:   第十一条 法官享有下列权利:
(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;
(2) Being not transferred, removed, demoted from the post or dismissed, and being not given a disciplinary action, without statutory reasons and without undergoing statutory procedures. (二)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;
(3) Enjoying the job security and welfare benefits that shall be enjoyed when performing the duties of judges. (三)履行法官职责应当享有的职业保障和福利待遇;
(4) Enjoying the personal, property and residence safety as protected by law. (四)人身、财产和住所安全受法律保护;
(5) Filing petitions or accusation. (五)提出申诉或者控告;
(6) Other rights as provided by law. (六)法律规定的其他权利。
Chapter III Qualifications and Selection of Judges 

第三章 法官的条件和遴选

 
Article 12 A judge must possess the following qualifications:   第十二条 担任法官必须具备下列条件:
(1) Being of the nationality of the People's Republic of China. (一)具有中华人民共和国国籍;
(2) Upholding the Constitution of the People's Republic of China, and the leadership of the Communist Party of China and the socialist system. (二)拥护中华人民共和国宪法,拥护中国共产党领导和社会主义制度;
(3) Having good political and professional quality and being good in morality and conduct. (三)具有良好的政治、业务素质和道德品行;
(4) Having the physical conditions for normally performing his or her duties. (四)具有正常履行职责的身体条件;
(5) Having a bachelor's degree or above in law from a regular institution of higher education , or a bachelor's degree or above not in law from a regular institution of higher education but with a degree of juris master, master of law, or above, or bachelor's degree or above not in law from a regular institution of higher education with any other corresponding degree and with professional knowledge of law. (五)具备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;
(6) Having engaged in the legal work for at least five years. The seniority in engaging in the legal work of those with a degree of juris master or master of law, or with a doctor's degree of law may be respectively relaxed to four and three years. (六)从事法律工作满五年。其中获得法律硕士、法学硕士学位,或者获得法学博士学位的,从事法律工作的年限可以分别放宽至四年、三年;
(7) Persons to be appointed as judges for the first time shall have passed the national uniform legal profession qualification examination and obtained the legal profession qualification. (七)初任法官应当通过国家统一法律职业资格考试取得法律职业资格。
For the places where it is truly difficult to apply the academic qualification as specified in item (5) of the preceding paragraph, 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. 适用前款第五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。
Article 13 A person shall not serve as a judge if he or she:   第十三条 下列人员不得担任法官:
(1) had been subject to criminal punishment for committing a crime; (一)因犯罪受过刑事处罚的;
(2) had been dismissed from public office; (二)被开除公职的;
(3) had his lawyer's practice certificate or notary's practice certificate revoked, or been removed from the arbitration committee; or (三)被吊销律师、公证员执业证书或者被仲裁委员会除名的;
(4) falls under any other circumstances as provided by the law. (四)有法律规定的其他情形的。
Article 14 Persons to be appointed as judges for the first time shall be selected through examination and evaluation from the personnel who are best qualified for the post based on the standards of having both ability and political integrity.   第十四条 初任法官采用考试、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。
Presidents of the people's courts shall have professional knowledge in law and legal professional experience. Vice presidents, and members of judicial committees shall be selected from among judges, public procurators or other personnel who are qualified for the post. 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、审判委员会委员应当从法官、检察官或者其他具备法官条件的人员中产生。
Article 15 A people's court may, according to the needs of the trial work, publicly select judges from lawyers or the law teaching and research personnel and other personnel engaging in legal professions.   第十五条 人民法院可以根据审判工作需要,从律师或者法学教学、研究人员等从事法律职业的人员中公开选拔法官。
In addition to being qualified as judges, lawyers participating in public selection shall have actually practiced law for not less than five years, with rich professional experience and good professional reputation; and law teaching and research personnel participating in public selection shall have a professional title at or above the medium level, have engaged in teaching or scientific research for five years or more, and have outstanding research ability and excellent research achievements. 除应当具备法官任职条件外,参加公开选拔的律师应当实际执业不少于五年,执业经验丰富,从业声誉良好,参加公开选拔的法学教学、研究人员应当具有中级以上职称,从事教学、研究工作五年以上,有突出研究能力和相应研究成果。
Article 16 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.   第十六条 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, other personnel engaging in legal professions, and representatives of the relevant parties, 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、其他从事法律职业的人员和有关方面代表,其中法官代表不少于三分之一。
The routine work of provincial judge selection committees shall be undertaken by the internal functional departments of the higher people's courts. 省级法官遴选委员会的日常工作由高级人民法院的内设职能部门承担。
For the selection of judges of the Supreme People's Court, 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. 遴选最高人民法院法官应当设立最高人民法院法官遴选委员会,负责法官人选专业能力的审核。
Article 17 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 higher levels shall generally be selected on a level-by-level basis; and judges of the Supreme People's Court and the higher people's courts may be selected within the scope of the people's courts at the next two levels. The judges participating in the selection by the people's courts at higher levels shall serve as judges in the people's courts at lower levels for a certain number of years, and have the relevant work experience in the posts to be held.   第十七条 初任法官一般到基层人民法院任职。上级人民法院法官一般逐级遴选;最高人民法院和高级人民法院法官可以从下两级人民法院遴选。参加上级人民法院遴选的法官应当在下级人民法院担任法官一定年限,并具有遴选职位相关工作经历。
Chapter IV Appointment and Removal of Judges 

第四章 法官的任免

 
Article 18 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.   第十八条 法官的任免,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,由院长提请全国人民代表大会常务委员会任免。
The chief judges and associate chief judges of divisions of the circuit courts of the Supreme People's Court 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. 最高人民法院巡回法庭庭长、副庭长,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 same levels. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions, and other judges shall be appointed or removed by the standing committees of the people's congresses at the same 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、庭长、副庭长和审判员,由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 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的院长,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、直辖市人民代表大会常务委员会任免。
The presidents, vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions, and other judges of the people's courts at all levels of Xinjiang Production and Construction Corps and special people's courts shall be appointed and removed in accordance with the relevant provisions issued by the Standing Committee of the National People's Congress. 新疆生产建设兵团各级人民法院、专门人民法院的院长、副院长、审判委员会委员、庭长、副庭长和审判员,依照全国人民代表大会常务委员会的有关规定任免。
Article 19 A judge shall, after being elected under statutory procedures, shall take a public oath to the Constitution when taking office.   第十九条 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。
Article 20 If a judge falls under any of the following circumstances, removal of his or her post as a judge shall be requested according to the law:   第二十条 法官有下列情形之一的,应当依法提请免除其法官职务:
(1) Having lost the nationality of the People's Republic of China. (一)丧失中华人民共和国国籍的;
(2) Having been transferred out of the people's court where the judge works. (二)调出所任职人民法院的;
(3) Not requiring the retention of the post of judge due to a change of post, or his or her application for removal of his or her post as a judge being approved. (三)职务变动不需要保留法官职务的,或者本人申请免除法官职务经批准的;
(4) Being incompetent in the post as a judge upon evaluation. (四)经考核不能胜任法官职务的;
(5) Being unable to perform the 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;
(6) Having retired from the post. (六)退休的;
(7) Having resigned from the post, or being legally required to be dismissed. (七)辞职或者依法应当予以辞退的;
(8) Being inappropriate for continuing to hold the post because of violation of any discipline or law. (八)因违纪违法不宜继续任职的。
Article 21 Where it is found that a judge is appointed in violation of the conditions specified in this Law, the organ which made the appointment shall revoke that appointment; and where the people's court at the higher level has found the appointment of judge made by the people's court at the lower level violates the conditions specified in this Law, it shall suggest that the people's court at the lower level request the organ which made the appointment to revoke the appointment.   第二十一条 发现违反本法规定的条件任命法官的,任命机关应当撤销该项任命;上级人民法院发现下级人民法院法官的任命违反本法规定的条件的,应当建议下级人民法院依法提请任命机关撤销该项任命。
Article 22 No judge shall concurrently serve as a member of the standing committee of a people's congress or hold a post in an administrative organ, supervisory organ, procuratorial organ, enterprise or any other for-profit organization, or public institution, or concurrently serve as a lawyer, arbitrator or notary.   第二十二条 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、监察机关、检察机关的职务,不得兼任企业或者其他营利性组织、事业单位的职务,不得兼任律师、仲裁员和公证员。
Article 23 Judges who have the husband-wife relationship, direct blood relationship, collateral blood relationship within three generations, or close relationship by marriage shall not, at the same time, hold the following posts:   第二十三条 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:
(1) The president, vice-presidents, members of the judicial committee, or 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;
(2) The president, vice-presidents, or judges in the same people's court. (二)同一人民法院的院长、副院长和审判员;
(3) The chief judges, associate chief judges, or judges in the same trial division. (三)同一审判庭的庭长、副庭长、审判员;
(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。
Article 24 Where a judge's spouse, parent or child falls under any of the following circumstances, the judge shall be disqualified from his or her post:   第二十四条 法官的配偶、父母、子女有下列情形之一的,法官应当实行任职回避:
(1) Serving as a partner or founder of a law firm within the jurisdiction of the people's court where the judge works. (一)担任该法官所任职人民法院辖区内律师事务所的合伙人或者设立人的;
(2) Serving as an agent ad litem or defender in the identity of a lawyer within the jurisdiction of the people's court where the judge works, or providing other paid legal services to a party to a litigation. (二)在该法官所任职人民法院辖区内以律师身份担任诉讼代理人、辩护人,或者为诉讼案件当事人提供其他有偿法律服务的。
Chapter V Administration of Judges 

第五章 法官的管理

 
Article 25 Judges shall be subject to the administration of personnel quota system. Judge quotas shall be determined according to the number of cases, economic and social development situation, population size, trial grades of the people's courts and other factors, and be subject to total quantity control and dynamic administration within provinces, autonomous regions and municipalities directly under the Central Government. Priority shall be given to the needs for handling cases of basic people's courts and the people's courts with heavy caseload.   第二十五条 法官实行员额制管理。法官员额根据案件数量、经济社会发展情况、人口数量和人民法院审级等因素确定,在省、自治区、直辖市内实行总量控制、动态管理,优先考虑基层人民法院和案件数量多的人民法院办案需要。
In case of any vacancy in judge quotas, it shall be supplemented under the relevant procedures in a timely manner. 法官员额出现空缺的,应当按照程序及时补充。
The judge quota of the Supreme People's Court shall be determined by the Supreme People's Court in consultation with the relevant departments. 最高人民法院法官员额由最高人民法院商有关部门确定。
Article 26 Judges shall be subject to separate administration of sequence of posts.   第二十六条 法官实行单独职务序列管理。
Judges are divided into twelve grades, which are, in sequence, Chief Justice, Associate Justice Grade I, Associate Justice Grade II, Senior Judge Grade I, Senior Judge Grade II, Senior Judge Grade III, Senior Judge Grade IV, Judge Grade I, Judge Grade II, Judge Grade III, Judge Grade IV, and Judge Grade V. 法官等级分为十二级,依次为首席大法官、一级大法官、二级大法官、一级高级法官、二级高级法官、三级高级法官、四级高级法官、一级法官、二级法官、三级法官、四级法官、五级法官。
Article 27 The President of the Supreme People's Court shall be the Chief Justice.   第二十七条 最高人民法院院长为首席大法官。
Article 28 The grades of judges shall be determined on the basis of their actual working ability and political integrity, their professional competence, their performance in judicial work and their seniority, among others.   第二十八条 法官等级的确定,以法官德才表现、业务水平、审判工作实绩和工作年限等为依据。
Judges shall be promoted by means of both promotion on schedule and selective promotion on a merit basis, and particularly outstanding judges or judges who are especially needed in work at front-line posts may be selectively promoted in particular. 法官等级晋升采取按期晋升和择优选升相结合的方式,特别优秀或者工作特殊需要的一线办案岗位法官可以特别选升。
Article 29 The setting of grades, determination and specific measures for promotion of judges shall be provided separately by the state.   第二十九条 法官的等级设置、确定和晋升的具体办法,由国家另行规定。
Article 30 Persons to be appointed as judges for the first time shall be subject to the unified pre-service training system.   第三十条 初任法官实行统一职前培训制度。
Article 31 Political, theoretical and professional training of judges shall be conducted in a planned way.   第三十一条 对法官应当有计划地进行政治、理论和业务培训。
The training of judges shall integrate theory with practice, teach on demand and stress practical results. 法官的培训应当理论联系实际、按需施教、讲求实效。
Article 32 The training of judges shall be taken as a basis for the office-taking and grade promotion of judges.   第三十二条 法官培训情况,作为法官任职、等级晋升的依据之一。
Article 33 The judge training institutions shall, in accordance with the relevant provisions, undertake the task of training judges.   第三十三条 法官培训机构按照有关规定承担培训法官的任务。
Article 34 If a judge applies for resignation, he or she shall present an application in writing, and his or her post as a judge shall be removed in accordance with the procedures as provided by law upon approval.   第三十四条 法官申请辞职,应当由本人书面提出,经批准后,依照法律规定的程序免除其职务。
Article 35 A judge who is dismissed shall be removed from the post in accordance with the procedures as provided by law.   第三十五条 辞退法官应当依照法律规定的程序免除其职务。
The dismissal of a judge shall be decided according to the administrative power. The dismissal decision shall be notified to the judge dismissed in writing, stating the reasons and basis for making the decision. 辞退法官应当按照管理权限决定。辞退决定应当以书面形式通知被辞退的法官,并列明作出决定的理由和依据。
Article 36 A judge may not serve as an agent ad litem or defender in the identity of a lawyer within two years after he or she left his or her post from the people's court.   第三十六条 法官从人民法院离任后两年内,不得以律师身份担任诉讼代理人或者辩护人。
A judge may not serve as an agent ad litem or defender in a case handled by the people's court where he or she worked after leaving his or her post from the court, except that he or she serves as an agent ad litem or defender as the guardian or close relative of the party. 法官从人民法院离任后,不得担任原任职法院办理案件的诉讼代理人或者辩护人,但是作为当事人的监护人或者近亲属代理诉讼或者进行辩护的除外。
A judge may not serve as an agent ad litem or defender after being dismissed, except that he or she serves as an agent ad litem or defender as the guardian or close relative of the party. 法官被开除后,不得担任诉讼代理人或者辩护人,但是作为当事人的监护人或者近亲属代理诉讼或者进行辩护的除外。
Article 37 Where needed for work, judges may assist in conducting practical teaching and research work in institutions of higher education or scientific research institutions as dispatched or approved by their courts, and comply with the relevant provisions issued by the state.   第三十七条 法官因工作需要,经单位选派或者批准,可以在高等学校、科研院所协助开展实践性教学、研究工作,并遵守国家有关规定。
Chapter VI Evaluation of, Rewards for and Disciplinary Actions against Judges 

第六章 法官的考核、奖励和惩戒

 
Article 38 A people's court shall establish a committee for examination and evaluation of judges which takes charge of the evaluation of the judges in this court.   第三十八条 人民法院设立法官考评委员会,负责对本院法官的考核工作。
Article 39 The number of members of a committee for examination and evaluation of judges shall be five to nine.   第三十九条 法官考评委员会的组成人员为五至九人。
The director of a committee for examination and evaluation of judges shall be assumed by the president of the court. 法官考评委员会主任由本院院长担任。
Article 40 Judges shall be evaluated in a comprehensive, objective and fair manner by means of both routine evaluation and annual evaluation.   第四十条 对法官的考核,应当全面、客观、公正,实行平时考核和年度考核相结合。
Article 41 The evaluation of a judge shall include his or her performance in judicial work, professional ethics, professional level, working ability, and style of judgment. However, emphasis shall be laid on the performance in judicial work.   第四十一条 对法官的考核内容包括:审判工作实绩、职业道德、专业水平、工作能力、审判作风。重点考核审判工作实绩。
Article 42 The results of the annual evaluation shall fall into four grades: excellent, competent, basically competent, and incompetent.   第四十二条 年度考核结果分为优秀、称职、基本称职和不称职四个等次。
The result of evaluation of a judge shall be taken as the basis for adjustment of his or her grade and salary, award, punishment, removal, demotion and dismissal. 考核结果作为调整法官等级、工资以及法官奖惩、免职、降职、辞退的依据。
Article 43 A judge shall be informed of the result of the evaluation in writing. If the judge raises any objection to the result of the evaluation, he or she may apply for review.   第四十三条 考核结果以书面形式通知法官本人。法官对考核结果如果有异议,可以申请复核。
Article 44 Judges who have made significant achievements and contributions in judicial work, or performed other outstanding deeds shall be rewarded.   第四十四条 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。
Article 45 Judges who have any of the following performances shall be rewarded:   第四十五条 法官有下列表现之一的,应当给予奖励:
(1) Having made remarkable achievements in realizing impartial justice. (一)公正司法,成绩显著的;
(2) Having made outstanding achievements in summarizing 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;
(3) Having made significant achievements and contributions in handling major cases, handling emergencies and undertaking special important work. (三)在办理重大案件、处理突发事件和承担专项重要工作中,做出显著成绩和贡献的;
(4) Having made proposals for the reform of judicial work that have been adopted and have produced remarkable results. (四)对审判工作提出改革建议被采纳,效果显著的;
(5) Having made judicial proposals that have been adopted, and having achieved remarkable results in publicizing the importance of the legal system and guiding mediation organizations in the mediation of all kinds of disputes. (五)提出司法建议被采纳或者开展法治宣传、指导调解组织调解各类纠纷,效果显著的;
(6) Having performed other meritorious deeds. (六)有其他功绩的。
Judges shall be rewarded in accordance with the relevant provisions. 法官的奖励按照有关规定办理。
Article 46 A judge who has committed any of the following acts shall be given a disciplinary action; and if the act is criminally punishable, he or she shall be held criminally liable according to the law:   第四十六条 法官有下列行为之一的,应当给予处分;构成犯罪的,依法追究刑事责任:
(1) Embezzling money or accepting bribes, practicing favoritism or making falsification for personal gains, or adjudicating cases by bending the law. (一)贪污受贿、徇私舞弊、枉法裁判的;
(2) Concealing, forging, altering, or deliberately destroying evidence or case materials. (二)隐瞒、伪造、变造、故意损毁证据、案件材料的;
(3) Divulging state secrets, secrets of judicial work, trade secrets or personal privacy. (三)泄露国家秘密、审判工作秘密、商业秘密或者个人隐私的;
(4) Deliberately violating laws or regulations in the handling of cases. (四)故意违反法律法规办理案件的;
(5) Leading to mistakes in the results of judgment and causing serious consequences due to gross negligence. (五)因重大过失导致裁判结果错误并造成严重后果的;
(6) Delaying the handling of a case and thus affecting the work adversely. (六)拖延办案,贻误工作的;
(7) Taking advantage of the functions and powers to seek personal gains for himself or herself or others. (七)利用职权为自己或者他人谋取私利的;
(8) Accepting benefits transferred by the party or his or her agent, or meeting the party or his or her agent in violation of the relevant provisions. (八)接受当事人及其代理人利益输送,或者违反有关规定会见当事人及其代理人的;
(9) Engaging or participating in any for-profit business activity in violation of the relevant provisions, or concurrently holding a post in an enterprise or any other for-profit organization. (九)违反有关规定从事或者参与营利性活动,在企业或者其他营利性组织中兼任职务的;
(10) Committing other acts in violation of disciplines or laws. (十)有其他违纪违法行为的。
Judges shall be given disciplinary actions in accordance with the relevant provisions. 法官的处分按照有关规定办理。
Article 47 Where a judge is inappropriate for continuing the performance of his or her duties because he or she is suspected of violating any law or discipline and is under official investigation or criminal investigation, the performance of his or her duties shall be suspended in accordance with the administrative power and the specified procedures.   第四十七条 法官涉嫌违纪违法,已经被立案调查、侦查,不宜继续履行职责的,按照管理权限和规定的程序暂时停止其履行职务。
Article 48 The Supreme People's Court and all provinces, autonomous regions, and municipalities directly under the Central Government shall establish the judge disciplinary action committees which shall take charge of examining and determining whether judges commit any acts against the judicial duties as specified in items (4) and (5) of Article 46 of this Law, and proposing examination opinions such as constituting the intentional breach of duties, having gross negligence, having ordinary negligence, or having no breach of duties. After judge disciplinary action committees propose examination opinions, the people's courts shall, in accordance with the relevant provisions, decide whether to take disciplinary actions, and handle them accordingly.   第四十八条 最高人民法院和省、自治区、直辖市设立法官惩戒委员会,负责从专业角度审查认定法官是否存在本法第四十六条第四项、第五项规定的违反审判职责的行为,提出构成故意违反职责、存在重大过失、存在一般过失或者没有违反职责等审查意见。法官惩戒委员会提出审查意见后,人民法院依照有关规定作出是否予以惩戒的决定,并给予相应处理。
Judge disciplinary action committees shall consist of judge representatives, other personnel engaging in legal professions, and representatives of relevant parties, and not less than half of whom shall be judge representatives. 法官惩戒委员会由法官代表、其他从事法律职业的人员和有关方面代表组成,其中法官代表不少于半数。
The routine work of the judge disciplinary action committee of the Supreme People's Court and provincial judge disciplinary action committees shall be undertaken by the internal functional departments of relevant people's courts. 最高人民法院法官惩戒委员会、省级法官惩戒委员会的日常工作,由相关人民法院的内设职能部门承担。
Article 49 When a judge disciplinary action committee deliberates the matters concerning the disciplinary action, the judges involved shall have the right to request the disqualification of the relevant personnel, and to make a statement, produce evidence, and make arguments.   第四十九条 法官惩戒委员会审议惩戒事项时,当事法官有权申请有关人员回避,有权进行陈述、举证、辩解。
Article 50 The examination opinions proposed by judge disciplinary action committees shall be served upon the judges involved. Where a judge involved raises any objection to the examination opinion, he or she may file the objection with the disciplinary action committee, and the disciplinary action committee shall review the objection and the grounds thereof, and make a decision.   第五十条 法官惩戒委员会作出的审查意见应当送达当事法官。当事法官对审查意见有异议的,可以向惩戒委员会提出,惩戒委员会应当对异议及其理由进行审查,作出决定。
Article 51 The specific procedures for judge disciplinary action committees' deliberation of the matters concerning the disciplinary action shall be determined by the Supreme People's Court in consultation with the relevant departments.   第五十一条 法官惩戒委员会审议惩戒事项的具体程序,由最高人民法院商有关部门确定。
Chapter VII Job Security of Judges 

第七章 法官的职业保障

 
Article 52 The people's courts shall establish the committees for safeguarding the rights and interests of judges to maintain the lawful rights and interests of judges and ensure the lawful performance of duties by judges.   第五十二条 人民法院设立法官权益保障委员会,维护法官合法权益,保障法官依法履行职责。
Article 53 A judge shall not be transferred from the judicial post, except in any of the following circumstances:   第五十三条 除下列情形外,不得将法官调离审判岗位:
(1) Being required to be disqualified from the post under the relevant provisions. (一)按规定需要任职回避的;
(2) Being subject to post exchange under the relevant provisions. (二)按规定实行任职交流的;
(3) Being required to adjust his or her work due to restructuring, withdrawal, merger or reduction of the size of staffing of the institution. (三)因机构调整、撤销、合并或者缩减编制员额需要调整工作的;
(4) Being unsuitable to hold the judicial post due to his or her violation of disciplines or laws. (四)因违纪违法不适合在审判岗位工作的;
(5) Any other circumstance as provided by law. (五)法律规定的其他情形。
Article 54 No entity or individual may require any judge to engage in any affair beyond the scope of the statutory duties.   第五十四条 任何单位或者个人不得要求法官从事超出法定职责范围的事务。
In case of any interference with a judge's handling of a case, the judge shall have the right to refuse it, and make a record of and report it in a comprehensive and faithful manner; and, in case of any violation of disciplines or laws, the relevant authority shall, according to the seriousness of the circumstances, investigate the responsibility of the relevant responsible persons and the actors. 对任何干涉法官办理案件的行为,法官有权拒绝并予以全面如实记录和报告;有违纪违法情形的,由有关机关根据情节轻重追究有关责任人员、行为人的责任。
Article 55 The professional dignity and personal safety of judges shall be protected by law.   第五十五条 法官的职业尊严和人身安全受法律保护。
No entity or individual may retaliate against judges or their close relatives. 任何单位和个人不得对法官及其近亲属打击报复。
Whoever commits the illegal and criminal act of retaliating against, framing up, insulting, defaming, violently assaulting, threatening and intimidating, or making troubles for and harassing a judge or any of his or her close relatives shall be given a heavier punishment according to the law. 对法官及其近亲属实施报复陷害、侮辱诽谤、暴力侵害、威胁恐吓、滋事骚扰等违法犯罪行为的,应当依法从严惩治。
Article 56 Where, due to lawful performance of duties, a judge suffers from a false report, false accusation or frame-up, or insult or defamation, damaging his or her reputation, the people's court shall, in conjunction with the relevant departments, clarify the facts and eliminate the adverse impacts in a timely manner, and investigate the responsibility of the relevant entities and individuals according to the law.   第五十六条 法官因依法履行职责遭受不实举报、诬告陷害、侮辱诽谤,致使名誉受到损害的,人民法院应当会同有关部门及时澄清事实,消除不良影响,并依法追究相关单位或者个人的责任。
Article 57 Where the personal safety of any judge or any of his or her close relatives is endangered, the people's court and public security organ shall protect the personal safety of the judge or the close relative, prohibit particular persons from contacting the judge or the close relative, or take any other protection measures.   第五十七条 法官因依法履行职责,本人及其近亲属人身安全面临危险的,人民法院、公安机关应当对法官及其近亲属采取人身保护、禁止特定人员接触等必要保护措施。
Article 58 Judges shall be subject to the salary system commensurate with their duties, and enjoy the salaries and benefits as prescribed by the state according to the grades of judges, and establish the mechanism under which their salaries adjust simultaneously with those of the civil servants.   第五十八条 法官实行与其职责相适应的工资制度,按照法官等级享有国家规定的工资待遇,并建立与公务员工资同步调整机制。
The salary system for judges shall, in light of the characteristics of judicial work, be provided separately by the state. 法官的工资制度,根据审判工作特点,由国家另行规定。
Article 59 The system under which the salaries of judges increase on a regular basis shall be implemented.   第五十九条 法官实行定期增资制度。
The salary grade of a judge who has been determined as “excellent” or “competent” in the annual evaluation may be elevated under the relevant provisions. 经年度考核确定为优秀、称职的,可以按照规定晋升工资档次。
Article 60 Judges shall enjoy the allowances, subsidies, bonuses, insurance and welfare benefits as prescribed by the state.   第六十条 法官享受国家规定的津贴、补贴、奖金、保险和福利待遇。
Article 61 A judge who is disabled while on duty shall enjoy the treatment for the injured and disabled as prescribed by the state. If a judge sacrifices his or her life or dies while on duty or dies of an illness, his or her relatives shall enjoy the pension and preferential treatment as prescribed by the state.   第六十一条 法官因公致残的,享受国家规定的伤残待遇。法官因公牺牲、因公死亡或者病故的,其亲属享受国家规定的抚恤和优待。
Article 62 The retirement system for judges shall, in light of the characteristics of judicial work, be provided separately by the state.   第六十二条 法官的退休制度,根据审判工作特点,由国家另行规定。
Article 63 Judges shall, after retirement, enjoy the pension and other benefits as prescribed by the state.   第六十三条 法官退休后,享受国家规定的养老金和其他待遇。
Article 64 If a state organ or any of its functionaries commits an act infringing upon the rights of a judge as provided in Article 11 of this Law, the judge shall have the right to file an accusation.   第六十四条 对于国家机关及其工作人员侵犯本法第十一条规定的法官权利的行为,法官有权提出控告。
Article 65 Where a disciplinary action given to or personnel handling of a judge is erroneous, it shall be corrected without delay; if it has damaged the judge's reputation, his or her reputation shall be rehabilitated, the ill effects shall be eliminated and an apology shall be made; and if it has caused financial loss to the judge, compensations shall be made. The responsibility of persons who are directly responsible for retaliation shall be investigated according to the law.   第六十五条 对法官处分或者人事处理错误的,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。
Chapter VIII Supplemental Provisions 

第八章 附  则

 
Article 66 The state shall implement the uniform rules for legal profession qualification examination for the persons to be appointed as judges for the first time, and the justice administrative department of the State Council shall, in consultation with the Supreme People's Court and other relevant departments, organize the implementation of the rules.   第六十六条 国家对初任法官实行统一法律职业资格考试制度,由国务院司法行政部门商最高人民法院等有关部门组织实施。
Article 67 Assistant judges of the people's court shall be responsible for reviewing case materials, drafting legal instruments, and other auxiliary trial affairs, among others, under the guidance of judges.   第六十七条 人民法院的法官助理在法官指导下负责审查案件材料、草拟法律文书等审判辅助事务。
The people's courts shall strengthen the building of the teams of assistant judges, and reserve talents for the selection of judges. 人民法院应当加强法官助理队伍建设,为法官遴选储备人才。
Article 68 Where the rights and obligations of and the administration system for judges have been provided by this Law, the provisions of this Law shall apply; and where there are no provisions in this Law, the relevant laws and regulations on the administration of civil servants shall apply.   第六十八条 有关法官的权利、义务和管理制度,本法已有规定的,适用本法的规定;本法未作规定的,适用公务员管理的相关法律法规。
Article 69 This Law shall come into force on October 1, 2019.   第六十九条 本法自2019年10月1日起施行。
     
     
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