中华人民共和国法官法 Judges Law of the Peoples Republic of China

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　　（7）having resigned the post， or having been dismissed；

　　（8）being disqualified from continuing to hold the post because of violation of discipline， law or commission of a crime； or

　　（9）other circumstances that call for removal of the post.

　　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.

　　Chapter VI Posts to Be Avoided

　　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：

　　（1）the president， vice-presidents， members of the judicial committee，

　　（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.

　　Chapter VII Grades of Judges

　　Article 16 Judges are divided into twelve grades.

　　The President of the Supreme People's Court is the Chief Justice. Judges from the second grade to the twelfth grade are composed of associate justices， senior Judges and Judges.

　　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.

　　Article 18 The grades of judges shall be established and the measures for their evaluation and promotion shall be formulated separately by the State.

　　Chapter VIII Appraisal

　　Article 19 Appraisal of judges shall be conducted by the People's Courts the judges belong to.

　　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.

　　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.

　　Article 22 The results of the annual appraisal shall fall into three grades：excellent， competent and incompetent.

　　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.

　　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.

　　Chapter IX Training

　　Article 24 Theoretical and professional training for judges shall be carried out in a planned 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 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.

　　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.

　　Chapter X Awards

　　Article 27 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 28 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 29 The awards include：Citation for Meritorious Deeds， Merit Citation Class III， Merit Class II， Merit Citation Class I， and a title of honour.

　　The awards shall be authorized and procedures gone through in accordance with the relevant regulations.

　　Chapter XI Punishment

　　Article 30 No judges 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 legitimate rights and interests of citizens， 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 intentionally delay the handling of a

case so as to affect the work adversely；

　　（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 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.

　　Article 32 Sanctions include a disciplinary warning， a demerit recorded， a grave demerit recorded， demotion， dismissal from the post and discharge from public employment.

　　Article 33 A sanction shall be authorized and procedures gone through in accordance with the relevant regulations.

　　Chapter XII Salary， Insurance and Welfare

　　Article 34 The salary system and scales for judges shall， in light of the characteristics of judicial work， be formulated by the State.

　　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.

　　Article 36 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 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.

　　Article 38 A judge may 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 staff；

　　（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

　　（5）to fail to perform a judge's duty， and make no rectification after criticism.

　　Article 39 A judge who is dismissed shall be removed from the post in accordance with the procedures as provided by law.

　　Chapter XIV Retirement

　　Article 40 The retirement system regarding judges shall， in light of the characteristics of judicial work， be formulated separately by the State.

　　Article 41 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 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 th

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