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Article 1. The present Provisions are formulated in order to strictly implement the relevant punishment systems in the Judges Law of the People's Republic of China (hereinafter referred to the "Judges Law"), further regulate judges' duty behaviors, strictly enforce trial disciplines, build up a contingent of judges who take a firm political stand, who are proficient in their occupation, who have good style of work and enforce laws impartially, as well as to guarantee judicial impartiality and efficiency. Article 2. Judges must faithfully implement the Constitution and laws. Where a judge does not perform his duties in accordance with the law, and has committed any of the acts listed in Article 32 of the "Judges Law" (that is, the 13 prohibited acts in Article 3 to Article 15 of the present Provisions), he shall be investigated for legal or disciplinary liability. Article 3. Judges shall have an ardent love for the homeland and the people, uphold the leadership of the Communist Party of China, uphold socialist system, and shall not spread statements damaging the prestige of the State, shall not join illegal organizations, and shall not take part in activities such as assembly, procession and demonstration against the State, or participate in strikes. If any judge violates the present article, a report shall be submitted to the organ for appointment and removal concerning the removal of his post, and he shall be dismissed from his post or discharged from public employment. Article 4. Judges shall be honest and clean, and unselfishly devoted to public duty, and shall not embezzle money or accept bribes. The following acts are strictly prohibited: (1) taking advantage of his post to embezzle, steal, fraudulently obtain or illegally possess by other means the litigation fees, money and properties from execution, temporarily deposited money in certain cases, illicit money and properties or the fruits thereof or other public properties; (2) taking advantage of his post to ask for properties from the party or his agent ad litem, defender or requestor for favor; (3) taking advantage of his post to illegally accept properties from the party or his agent ad litem, defender or requestor, for seeking benefits; (4) violating the provisions of the State to accept kickbacks or service charges in various names for his personal ownership. If any judge violates the above provisions, a report shall be submitted to the organ for appointment and removal concerning the removal of his post, and he shall be dismissed from his post or discharged from public employment. Article 5. Judges must take facts as the basis and take laws as the criterion when trying cases, handle cases impartially, and must not bend law for personal gain. The following acts are strictly prohibited: (1) intentionally violating the facts and law to render adjudications or decisions by bending law in trial or execution; (2) for the sake of personal gain or personal relations, being partial to one party, and intentionally violating the legal provisions to force the other party to waive his rights against his genuine idea; (3) practicing frauds for personal gain, granting commutation of punishment, parole or temporary service of sentence outside prison to the criminals who are not qualified for commutation of punishment, parole or temporary service of sentence outside prison. If any judge violates the above provisions, he shall be imposed upon a sanction of grave demerit record or demotion; if the circumstance is serious, a report shall be submitted to the organ for appointment and removal concerning the removal of his post, and he shall be dismissed from his post or be imposed upon a sanction of dismissal from the post or a severer one. Article 6. Judges shall respect defendants' personal right, and shall not extort confessions by torture. If any judge violates the present article, a report shall be submitted to the organ for appointment and removal concerning the removal of his post, and he shall be discharged from public employment. Article 7. Judges shall be faithful to the truth and facts, and shall not conceal or fabricate evidence. The following acts are strictly prohibited: (1) altering, concealing, fabricating, secretly replacing or intentionally destroying evidence; (2) using violence, threat or subornation, to prevent the witness from giving testimony or to instigate other person to give false testimony; (3) forcing the witness to give testimonies by such illegal means as violence. If any judge violates the above provisions, he shall be imposed upon a sanction of grave demerit record or demotion; if the circumstance is serious, a report shall be submitted to the organ for appointment and removal concerning the removal of his post, and he shall be dismissed from his post or be imposed upon a sanction of dismissal from the post or a severer one. Article 8. Judges shall strictly obey the disciplines on maintaining secrets, and shall not divulge any state secret or trial secret. The following acts are strictly prohibited: (1) divulging a state secret; (2) divulging the case or secret information to the party or his related person, or divulging specific contents of the case by other means; (3) divulging the deliberations of the collegial panel, the specific information or records of the judicial committee on discussion of the case or other secrets on trial or execution. If any judge violates the above provisions, he shall be imposed upon a sanction of grave demerit record or demotion; if the circumstance is serious, a report shall be submitted to the organ for appointment and removal concerning the removal of his post, and he shall be dismissed from his post or be imposed upon a sanction of dismissal from the post or a severer one. Article 9. Judges shall correctly exercise their powers, lawfully guarantee the litigant rights and civil interests of the litigant participants and persons other than involved in the case, and shall not abuse their powers or infringe upon the lawful rights and interests of a natural person, legal person or other organization. The following acts are strictly prohibited: (1) intentionally violating the law to infringe upon or deprive the litigant rights of the party and other litigant participants; (2) intentionally violating the law to take preservation measures or compulsory execution measures; (3) intentionally violating the law to take compulsory measures such as detention, etc. against the party and other litigant participants or persons other than involved in the case; (4) intentionally violating the law to infringe upon the lawful rights and interests of the persons other than involved in the case. If any judge violates the above provisions, he shall be imposed upon a sanction of warning up to grave demerit record; if the circumstance is serious, he shall be dismissed from his post or be imposed upon a sanction of demotion or a severer one. If a judge is dismissed from his post or discharged from public employment, a report shall be submitted to the organ for appointment and removal concerning the removal of his post. Article 10. Judges shall be hardworking and dedicated to his duties, and shall not neglect his duties, render wrong adjudications or cause heavy losses to the party. The following acts are strictly prohibited: (1) grossly neglecting his duties, thus resulting in wrong adjudication or execution; (2) being seriously irresponsible, failing to implement statutory duties, thus causing heavy losses to the benefits of the party or other persons. If any judge violates the above provisions, he shall be imposed upon a sanction of warning up to grave demerit record; if he causes serious consequences or heavy losses, he shall be dismissed from his post or be imposed upon a sanction of demotion or a severer one. If a judge is dismissed from his post or discharged from public employment, a report shall be submitted to the organ for appointment and removal concerning the removal of his post. Article 11. Judges shall strictly abide by the time limit for litigation prescribed in law, and shall not delay in handling cases or affect work adversely. The following acts are strictly prohibited: (1) intentionally delaying in filing a case, serving a document or transferring a case; (2) seriously exceeding the time limit for trial or execution of a case without justifiable reason or approval. If any judge violates the above provisions, he shall be imposed upon a sanction of warning up to grave demerit record; if he causes serious consequences, he shall be dismissed from his post or be imposed upon a sanction of demotion or a severer one. If a judge is dismissed from his post or discharged from public employment, a report shall be submitted to the organ for appointment and removal concerning the removal of his post. Article 12. Judges shall serve the people whole-heartedly, and shall not take advantage of his powers to seek personal benefits for himself or other person. The following acts are strictly prohibited: (1) borrowing money, housing, means of transportation or communication instruments, from the party or the person he entrusts; (2) accepting the preferences offered by the party or the person he entrusts in respect of buying commodities, decorating housing or in other respects; (3) accepting cash, valuable securities or receipts of payment presented by the competent or sub-competent department or their employees, inferior courts or their functionaries, law firms or lawyers, or other entities or individuals related to the judges' exercise of powers; (4) taking advantage of his powers to seek unjustifiable benefits for his spouse, children or other relatives. If any judge violates the above provisions, he shall be imposed upon a sanction of warning up to grave demerit record; if the circumstance is serious, he shall be dismissed from his post or be imposed upon a sanction of demotion or a severer one. If a judge is dismissed from his post or discharged from public employment, a report shall be submitted to the organ for appointment and removal concerning the removal of his post. Article 13. Judges shall try to do well in their own work, and shall not engage in profitable business activities. The following acts are strictly prohibited: (1) running an individual business, or running an enterprise; (2) doing a part-time job in an economic entity; (3) engaging in paid intermediary activities; (4) concurrently holding the post of lawyer or legal counsel. If any judge violates the above provisions, he shall be imposed upon a sanction of warning up to grave demerit record; if his acts cause a serious influence, he shall be dismissed from his post or be imposed upon a sanction of demotion or a severer one. If a judge is dismissed from his post or discharged from public employment, a report shall be submitted to the organ for appointment and removal concerning the removal of his post. Article 14. Judges shall strictly obey judicial disciplines, and shall not privately meet the party or his authorized agent, accept dinners or gifts offered by the party or his authorized agent. The following acts are strictly prohibited: (1) privately meeting the party or his agent ad litem, his defender or the person he entrusts; (2) taking part in the banquet, entertainment, body-building, travel, etc. paid by the party or his agent ad litem, his defender or the person he entrusts or by the intermediary institution; (3) accepting gifts offered by the party or his agent ad litem, his defender or the person he entrusts. If any judge violates the above provisions, he shall be imposed upon a sanction of warning up to grave demerit record; if his acts cause a serious influence, he shall be dismissed from his post or be imposed upon a sanction of demotion or a severer one. If a judge is dismissed from his post or discharged from public employment, a report shall be submitted to the organ for appointment and removal concerning the removal of his post. Article 15. Judges shall have good virtues and conducts, scrupulously abide by professional ethics, and shall not commit other acts in violation of laws or disciplines. If any judge violates the present article, he shall be imposed upon a sanction of warning up to grave demerit record; if the circumstance is serious, he shall be dismissed from his post or be imposed upon a sanction of demotion or a severer one. If a judge is dismissed from his post or discharged from public employment, a report shall be submitted to the organ for appointment and removal concerning the removal of his post. Article 16. Any judge who violates the present Provisions and is dismissed from his post shall be simultaneously subject to decrease of wage and degradation; if a crime is constituted, he shall be investigated for criminal liabilities in accordance with the law. Article 17. If any judge violates the above provisions, and the leader of the entity or department where the judge works is liable for gross negligence of duties, or conceals the problems of violation of laws or disciplines, or does not investigate the case, or covers up or protects the violator, the said leader shall be investigated for liabilities in accordance with the relevant provisions. Article 18. If any judge violates the present Provisions, and a report needs to be submitted to the organ for appointment and removal concerning the removal of his post or his dismissal, the matter shall be handled by the political department; if a political disciplinary sanction needs to be imposed, the matter shall be handled by the supervision department. The scope of power and the procedures for punishments and sanctions shall be in compliance with the relevant provisions. Article 19. Where execution officers, court clerks, judicial policemen, judicial expert witnesses and other employees of courts violate the present Provisions, they shall be punished by referring to the present Provisions. Article 20. The present Provisions shall come into force on the date of their promulgation. |
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