全国人民代表大会常务委员会关于修改《中华人民共和国法官法》的决定 附：修正本 Decision of the Standing Committee of the National Peoples Co

tary 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 natur

al 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 qualification：

　　（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 committee 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 Court 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 committee 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 the 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 judges 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 judges 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.

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