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

sitated 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 have 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 day from the date of receiving the decision on the sanction or disposition, apply for reconsideration to the organ 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 him 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 fin

ancial 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 Judge

　　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 re 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 Court 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 Court 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

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