Judges Law of the People's Republic of China (Amended in 2017)
Judges Law of the People's Republic of China (Amended in 2017)
Judges Law of the People's Republic of China (Amended in 2017)
Order of the President of the People's Republic of China No.76
September 1, 2017
(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 on Amending the Judges Law of 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 of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China adopted at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017)
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 in order to enhance the quality of judges, to reinforce the administration of judges, 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, and to ensure the judicial justice.
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.
Article 3 Judges must faithfully implement the Constitution and laws, and serve the people whole-heartedly.
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 judges 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, 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.
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 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 legal rights and interests of natural persons, legal persons and other organizations;
5. To be honest and clean, faithful in performing their duties, and to abide by 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 functions and duties of judges;
2. To brook no interference from administrative organizations, public organizations or individuals in trying cases according to law;
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; 4. To be remunerated for work and to enjoy insurance and welfare benefits; 5. To enjoy the 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 must 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 engaged in the legal work for at least two years in the case of graduates of law major of colleges or universities or from non-law majors of colleges or universities but possessing the professional knowledge of law, and among whom those to assume the posts of judges of superior People's Courts and of the Supreme People's Court shall have engaged in the legal work for at least three years; or to have engaged in the legal work for at least one year in the case of those who have Master's Degree of Law or Doctor's Degree of Law, or those who have Master's Degree or Doctor's Degree of non-law majors but possess the professional knowledge of law, and among whom those to assume the posts of judges of superior People's Courts and of the Supreme People's Court shall have engaged in the legal work for at least two years.
......
Order of the President of the People's Republic of China No.76
September 1, 2017
(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 on Amending the Judges Law of 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 of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China adopted at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017)
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 in order to enhance the quality of judges, to reinforce the administration of judges, 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, and to ensure the judicial justice.
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.
Article 3 Judges must faithfully implement the Constitution and laws, and serve the people whole-heartedly.
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 judges 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, 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.
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 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 legal rights and interests of natural persons, legal persons and other organizations;
5. To be honest and clean, faithful in performing their duties, and to abide by 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 functions and duties of judges;
2. To brook no interference from administrative organizations, public organizations or individuals in trying cases according to law;
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; 4. To be remunerated for work and to enjoy insurance and welfare benefits; 5. To enjoy the 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 must 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 engaged in the legal work for at least two years in the case of graduates of law major of colleges or universities or from non-law majors of colleges or universities but possessing the professional knowledge of law, and among whom those to assume the posts of judges of superior People's Courts and of the Supreme People's Court shall have engaged in the legal work for at least three years; or to have engaged in the legal work for at least one year in the case of those who have Master's Degree of Law or Doctor's Degree of Law, or those who have Master's Degree or Doctor's Degree of non-law majors but possess the professional knowledge of law, and among whom those to assume the posts of judges of superior People's Courts and of the Supreme People's Court shall have engaged in the legal work for at least two years.
......