|
Judges Law of
the People's Republic of China （2001）
(Adopted at the 12th Meeting of the Standing Committee of the Eighth
National People's Congress on February 28, 1995, promulgated by Order
No. 38 of the President of the People's Republic of China on February
28, 1995, and amended in accordance with the Decision on Amending the
Judges Law of People's Republic of China adopted at the 22nd Meeting of
the Standing Committee of the Ninth National People's Congress on June
30, 2001)
Contents
Chapter I General Provisions
Chapter II Functions and Duties
Chapter III Obligations and Rights
Chapter IV Qualifications for a Judge
Chapter V Appointment and Removal
Chapter VI Posts to Be Avoided
Chapter VII Grades of Judges
Chapter VIII Appraisal
Chapter IX Training
Chapter X Awards
Chapter XI Punishment
Chapter XII Salary, Insurance and Welfare
Chapter XIII Resignation and Dismissal
Chapter XIV Retirement
Chapter XV Petition and Complaint
Chapter XVI Commission for Examination and
Assessment of Judges
Chapter XVII Supplementary Provisions
Chapter I
General Provisions
Article 1 This law is enacted in accordance with the Constitution to
enhance the quality of
judges, to strengthen the administration of judges, and to ensure that
the People's Courts
independently exercise judicial authority according to law, that judges
perform their
functions and duties according to law and that law is administered
impartially.
Article 2 Judges are judicial persons who exercise the judicial
authority of the State
according to law, and they include the 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.
Article 3 Judges shall faithfully implement the Constitution and laws,
and serve the people
wholeheartedly.
Article 4 Judges, when performing their functions and duties according
to law, shall be
protected by law.
Chapter II
Functions and Duties
Article 5 The functions and duties of a judge are as follows :
(1) to take part in a trial as a member of a
collegial panel or to try a case alone according
to law; and
(2) to perform other functions and duties as
provided by law.
Article 6 Presidents, vice-presidents, members
of judicial committees, and chief judges and
associate chief judges of divisions shall, in
addition to the judicial functions and duties,
perform other functions and duties commensurate
with their posts. Chapter III
Obligations and Rights
Article 7 Judges shall perform the following
obligations:
(1) to strictly observe the Constitution and
laws;
(2) to take facts as the basis and laws as the
criterion when trying cases, to handle cases
impartially, and not to bend the law for
personal gain;
(3) to protect the litigation rights of the
participants in proceedings according to law;
(4) to safeguard the State interests and public
interests, and to safeguard the lawful rights
and interests of natural persons, legal persons
and other organizations;
(5) to be honest and clean, faithful in the
discharge of duties, to observe discipline and
professional ethics;
(6) to keep State secrets and the secrets of
judicial work; and
(7) to accept legal supervision and supervision
by the masses.
Article 8 Judges shall enjoy the following
rights:
(1) to have the power and working conditions
which are essential to the performance of the
functions and duties of judges;
(2) to brook no interference from administrative
organs, public organizations or individuals in
trying cases according to law;
(3) to be not removed, demoted or dismissed from
the post, and to be not given a sanction,
without statutory basis and without going
through statutory procedures;
(4) to be remunerated for work and to enjoy
insurance and welfare benefits;
(5) to enjoy safety of the person, property and
residence as ensured by law;
(6) to receive training;
(7) to lodge petitions or complaints; and
(8) to resign their posts.
Chapter IV
Qualifications for a Judge
Article 9 A judge shall possess the following
qualifications:
(1) to be of the nationality of the People's
Republic of China;
(2) to have reached the age of 23;
(3) to endorse the Constitution of the People's
Republic of China;
(4) to have fine political and professional
quality and to be good in conduct;
(5) to be in good health; and
(6) to have worked in law for at least two years
in the case of a graduate from a four-year
course in the law specialty of an institution of
higher education or a graduate from a four-year
course in a non-law specialty of such an
institution who possesses the professional
knowledge of law, and to have worked in law for
at least three years in the case of the said
graduate to be appointed judge of a Higher
People's Court or the Supreme People's Court; to
have worked in law for at least one year in the
case of a person holding a Master of Law degree
or Doctor of Law degree; or a person holding a
master's degree or doctor's degree of non-law
specialty who possesses the professional
knowledge of law, and to have worked in law for
at least two years in the case of the said
person to be appointed judge of a Higher
People's Court or the Supreme People's Court.
The judicial persons who, before this Law is
implemented, do not possess the qualifications
as provided by sub-paragraph (6) of the
preceding paragraph shall receive training. The
specific measures shall be formulated by the
Supreme People's Court.
Where it is really difficult to apply the
provisions in sub-paragraph (6) of the first
paragraph regarding the academic qualifications,
such qualifications for judges may, upon
examination and approval by the Supreme People's
Court and within a limited period of time, be
relegated to include graduates from a
two-or-three-year course in the law specialty of
an institution of higher education.
Article 10 None of the following persons may
hold the post of a judge:
(1) persons who have been subjected to criminal
punishment for commission of a crime; or
(2) persons who have been discharged from public
employment.
Chapter V
Appointment and Removal
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.
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 suggestions of the President of the Supreme
People's Court.
The presidents of the local People's Courts at
various levels shall be elected or removed by
the local People's Congress 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 suggestions of the presidents of
those courts.
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 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
suggestions of the presidents of the Higher
People's Courts.
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 suggestions
of the presidents of those courts.
The assistant judges of the People's Courts
shall be appointed or removed by the presidents
of the courts where they work.
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.
Article 12 Persons to be appointed judges for
the first time shall be selected, through strict
examination and appraisal, from among those who
have passed the uniform national judicial
examination and who are the best qualified for
the post, in conformity with the standards of
having both ability and political integrity.
Persons to be appointed presidents or
vice-presidents of People's Courts shall be
selected from among the best judges and other
people who are best qualified for the post.
Article 13 If a judge is found to be in any of
the following circumstances, a suggestion shall
be submitted according to law for his or her
removal from the post:
(1) having forfeited the nationality of the
People's Republic of China;
(2) having been transferred out of a court;
(3) having no need to maintain his or her
original post after a change of post;
(4) being determined to be incompetent in the
post through appraisal;
(5) being unable to perform the functions and
duties of a judge for a long period of time due
to poor health;
(6) having retired from the post;
(7) having resigned the post, or having been
dismissed; or
(8) being disqualified from continuing to hold
the post because of violation of discipline or
law or commission of a crime.
Article 14 Once the organ discovers that the
appointment of a person as judge made by it is
in violation of the provisions of this Law
governing the qualifications for judges, it
shall revoke the appointment. Where a court at a
higher level discovers that the appointment of a
judge made by a court at a lower level is in
violation of the provisions governing the
qualifications for judges, the former shall
suggest to the latter that it revoke the
appointment in accordance with law or that the
it, in accordance with law, suggest to the
standing committee of the people's congress at
the same level that it revoke the appointment.
Article 15 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.
Chapter VI
Posts to Be Avoided
Article 16 Judges who are connected by
husband-wife relationship, or who are directly
related by blood, collaterally related within
three generations, or closely related by
marriage may not, at the same time, hold the
following posts:
(1) the president, vice- presidents, members of
the judicial committee, chief judges or
associate chief judges of divisions in the same
People's Court;
(2) the president, vice-presidents, judges or
assistant judges in the same People's Court;
(3) the chief judge, associate chief judges,
judges or assistant judges in the same division;
or
(4) presidents or vice-presidents of the
People's Courts at the levels next to each
other.
Article 17 No judge may, within two years
after leaving his or her post from a People's
Court, serve as an agent ad litem or a defender
in the capacity of a lawyer.
No judge may, after leaving his or her post from
a People's Court, serve as an agent ad litem or
a defender in a case being handled by the court
where he or she previously held a post.
No spouse or children of a judge may serve as an
agent ad litem or a defender in a case being
handled by the court where the judge holds a
post.
Chapter VII
Grades of Judges
Article 18 Judges are divided into twelve
grades.
The President of the Supreme People's Court is
the Chief Justice, and judges from the second to
the twelfth grade are composed of associate
justices, senior judges and judges.
Article 19 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.
Article 20 Measures for the establishment of
the grades and for their evaluation and
promotion shall be formulated separately by the
State.
Chapter VIII
Appraisal
Article 21 Appraisal of judges shall be
conducted by the People's Courts the judges
belong to.
Article 22 The appraisal of judges shall be
carried out objectively and impartially, through
the combined efforts of the leaders and masses,
and routinely and annually.
Article 23 The appraisal of judges shall
include their achievements in judicial work,
their ideological level and moral character,
their competence in judicial work and their
mastery of law theories, their attitude in and
style of work. However, emphasis shall be laid
on their achievements in judicial work.
Article 24 The results of the annual appraisal
shall fall into three grades: excellent,
competent and incompetent.
The results of appraisal shall be taken as the
basis for award, punishment, training, removal
or dismissal of a judge, and for readjustment of
his or her grade and salary.
Article 25 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.
Chapter IX
Training
Article 26 Theoretical and professional
training for judges shall be carried out in a
planed way.
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.
Article 27 The judges colleges and
universities of the State and other institutions
for training judges shall, in accordance with
relevant regulations, undertake the task of
training judges.
Article 28 The results of the studies of
judges and appraisals made during their training
shall be taken as one of the bases for their
appointment and promotion.
Chapter X
Awards
Article 29 Judges who have made significant
achievements and contributions in judicial work,
or performed other outstanding deeds shall be
rewarded.
The principle of combining moral encouragement
with material reward shall be applied in
rewarding judges.
Article 30 Judges who have any of the
following achievements to their credit shall be
rewarded:
(1) having achieved notable successes in
enforcing laws and handling cases impartially;
(2) having accumulated rich experience in
judicial practice that may serve as a guide in
judicial work;
(3) having made proposals for the reform of
judicial work that have been adopted and have
produced remarkable results;
(4) having performed outstanding deeds in
safeguarding the interests of the State, the
collective and the people against heavy losses;
(5) having performed outstanding deeds by
bravely fighting against illegal or criminal
acts;
(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;
(7) having scored outstanding achievements in
protecting State secrets and secrets of judicial
work; or
(8) having performed other meritorious deeds.
Article 31 The awards include: Citation for
Meritorious Deeds, Merit Citation Class III,
Merit Citation Class II, Merit Citation Class I,
and a title of honour.
The awards shall be authorized and procedures
gone through in accordance with relevant
regulations.
Chapter XI
Punishment
Article 32 No judge may commit any of the
following acts:
(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;
(2) to embezzle money or accept bribes;
(3) to bend law for personal gain;
(4) to extort confessions by torture;
(5) to conceal or falsify evidence;
(6) to divulge State secrets or secrets of
judicial work;
(7) to abuse functions and powers; and to
infringe upon the lawful rights and interests of
natural persons, legal persons or other
organizations;
(8) to neglect his or her duty so as to wrongly
judge a case or to cause heavy losses to the
party concerned;
(9) to delay the handling of a case so that work
is adversely affected;
(10) to take advantage of the functions and
powers to seek gain for himself or herself or
other people;
(11) to engage in profit-making activities;
(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
(13) to commit other acts in violation of law or
discipline.
Article 33 A judge who has committed any of
the acts listed in Article 32 of this Law shall
be given sanctions; if the case constitutes a
crime, he or she shall be investigated for
criminal responsibility in accordance with law.
Article 34 The sanctions include: a
disciplinary warning, a demerit recorded, a
grave demerit recorded, demotion, dismissal from
the post and discharge from public employment.
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.
Article 35 A sanction shall be authorized and
procedures gone through in accordance with
relevant regulations.
Chapter XII
Salary, Insurance and Welfare
Article 36 The salary system and scales for
judges shall, in light of the characteristics of
judicial work, be formulated by the State.
Article 37 The system under which the salaries
of judges are increased regularly shall be
practiced. The salary of a judge who has been
confirmed through appraisal as being excellent
or competent may be raised in accordance with
regulations; the salary of a judge who has made
special contributions may be raised in advance
in accordance with regulations.
Article 38 Judges shall enjoy judicial
allowances, regional allowances and other
allowances and insurance and welfare benefits as
prescribed by the State.
Chapter XIII
Resignation and Dismissal
Article 39 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.
Article 40 A judge shall be dismissed if he or
she is found to be in any of the following
circumstances:
(1) to be confirmed by annual appraisal as being
incompetent for two successive years;
(2) to be unqualified for the present post and
decline to accept other assignments;
(3) to refuse to accept reasonable transfer,
which is necessitated by restructuring of the
judicial organ or reduction of the size of the
size of the staff;
(4) to have stayed away from work without leave
or to have overstayed his or her leave without
good reason for fifteen days or more in
succession, or for thirty days or more in a year
aggregated; or
(5) to fail to perform a judge's duty, and make
no rectification after criticism.
Article 41 A judge who is dismissed shall be
removed from the post in accordance with the
procedures as provided by law.
Chapter XIV
Retirement
Article 42 The retirement system regarding
judge shall, in light of the characteristics of
judicial work, be formulated separately by the
State.
Article 43 After retirement judges shall enjoy
the insurance of old-age pension and other
benefits as prescribed by the State.
Chapter XV
Petition and Complaint
Article 44 If a judge disagrees with the
sanction given to him or her or the disposition
of his or her case by a People's Court, he or
she may, within 30 days from the date of
receiving the decision on the sanction or
disposition, apply for reconsideration to the
organ which gave the sanction or disposed of the
case and shall have the right to appeal to the
organ at a level higher than the organ which
gave the sanction or disposed of the case.
The organ that receives the appeal must make a
decision on it in accordance with regulations.
During the period of reconsideration or
petition, execution of the decision on a
sanction or disposition made with regard to a
judge shall not be suspended.
Article 45 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.
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.
Article 46 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.
Article 47 Where the sanction given to a judge
or the disposition of hie or her case 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.
Chapter XVI
Commission for Examination and Assessment of Judges
Article 48 A People's Court shall establish a commission for examination
and assessment of
judges.
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 in this
regard shall be formulated separately.
Article 49 The number of persons on a commission for examination and
assessment of
judges shall be five to nine.
The chairman of a commission for examination and assessment of judges
shall be assumed by the
president of the court it belongs to.
Chapter XVII
Supplementary Provisions
Article 50 In light of the need of judicial work, the Supreme People's
Court may shall, in
conjunction with the relevant departments, formulate measures to fix the
proportion of
judges to other staff members in the People's Courts at different
levels.
Article 51 The State institutes a uniform judicial examination system
for persons to be
appointed judges or procurators for the first time, or to obtain the
qualifications for
lawyer. The judicial administration department under the State Council
shall, in conjunction
with the Supreme People's Court and the Supreme People's Procuratorate,
formulate implementation
measures for judicial examination. The judicial administration
department under the State
Council shall take charge of the implementation of the measures.
Article 52 The executors of the People's Courts shall be administered
with reference to
the relevant provisions of this Law.
Measures for the administration of the clerks of the People's Courts
shall be formulated by the
Supreme People's Court.
The administrative judicial personnel of the People's Courts shall be
administered in
accordance with the relevant regulations of the State.
Article 53 This law shall go into effect as of July 1, 1995.
|
|