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

　　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 government the qualifications for judges, it shall revoke the appointment. Where a court at a higher levels 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 judge, 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 judge from the second to the twelfth grade are composted 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 VII

　　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 fail 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 judge 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 jud

ges 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 handing 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 assemble, 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 neces

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