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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CASE ACCEPTANCE CHAPTER III COURT TRIALS CHAPTER IV MEDIATION IN PROCEEDINGS CHAPTER V DOCUMENT MAKING CHAPTER VI EXECUTION CHAPTER VII TREATMENT OF LAWSUIT-RELATED COMPLAINT LETTERS AND VISITS CHAPTER VIII ACTIVITIES NOT RELATED TO WORK CHAPTER IX SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. A judge shall strengthen the political faith according to the following principles: (1) Adhering to the guidance of Marxism, Leninism, Mao Zedong Thought and Deng Xiaoping Theory and the important thoughts of "Three Represents"; (2) Adhering to firmly building up scientific perspectives of development, and striving for constructing a harmonious socialist society; (3) Adhering to the leadership of the CPC, and faithfully enforcing the Constitution and laws; (4) Making great efforts to fulfill the basic strategies of running state affairs according to law, and promoting the socialist democratic and political construction; and (5) Adhering to the working guidelines of "equity justice and serving the people wholeheartedly". Article 2. A judge shall maintain the judicial impartiality and improve the judicial efficiency according to the following principles: (1) Adhering to the working theme of "equity and efficiency", and taking facts as the basis and laws as the criterion, so as to achieve the impartiality of the procedural part, substantive part and image part; (2) Improving the quality of trials, and trying to achieve the organic unification of legal effects and social effects; (3) Strictly abiding by various limitations of actions as prescribed by laws, and timely performing duties within statutory time limits; and (4) Scientifically and reasonably arranging the work, improving the efficiency of trials, and saving judicial resources. Article 3. A judge shall adhere to the judicial independence according to the following principles: (1) Adhering to the judicial independence, and not being intervened by any administrative organ, social group or individual; (2) Having the courage to adhere to correct opinions, voluntarily resisting the disturbance from the power, money, human relationship, social relations, etc.; (3) Maintaining the neutrality, and equally protecting the lawful rights and interests of any party involved, and not taking sides; and (4) Not affecting any other case-handling judge or court in hearing cases, not asking about the details of a case for any party involved, agent or defender, and not providing the contact information of the case-handling judge or any other member of a collegial panel. Article 4. A judge shall preserve the judicial integrity according to the following principles: (1) Strictly abiding by the relevant provisions on judicial integrity, and not seeking for unjust interests for oneself or any other by making use of ones' authorities; (2) Not engaging in or taking part in any profitable activity or holding any concurrent job in an enterprise or any other profitable organization; (3) Correctly handling the relations with the parties involved and their agents or defenders, not secretly meeting any party involved separately or providing consultancy opinions by violating the provisions, not recommending agents, defenders or intermediary institutions to any party involved or introducing cases to any lawyer or any other person; and (4) Resolutely refusing the gifts or bribes offered by any party involved, agent or defender and giving him criticism. Article 5. A judge shall strengthen the occupational ethics according to the following principles: (1) Advocating the rule by law, and safeguarding justice; (2) Being impartial and integral, and advocating efficiency; (3) Speaking and acting cautiously, and being upright and never stooping to flattery; (4) Being integral, good and human-oriented; and (5) Being diligent and dedicated to the work, and being loyal to posts. Article 6. A judge shall pay attention to clothes and appearance according to the following principles: (1) Strictly implementing the provisions on clothes, and keeping good figures; (2) Wearing a set of uniforms at work; and looking clean and solemn when wearing casuals; (3) Not being richly attired and heavily made-up or wearing ornaments unsuitable for the status of judges; and (4) Wearing judicial robes or uniforms according to the provisions when a court session is being opened. Article 7. A judge shall restrict his words and deeds according to the following principles: (1) Speaking and acting cautiously, and not having any word or deed that damages the judicial impartiality or the image of judges; (2) Using civilized, normative and accurate languages; and (3) Being mild in attitudes, behaving decently, being helpful, and not treating the mass rudely. CHAPTER II CASE ACCEPTANCE Article 8. A judge shall accept cases according to the following basic requirements: (1) Safeguarding the parties involved to exercise their rights of action; (2) Providing convenience for the mass to exercise their rights of action; and (3) Ensuring the quality of case acceptance, and improving the efficiency of case acceptance. Article 9. Where a party involved files a lawsuit with the court, a judge shall: (1) place the case on file within the statutory time limit if the conditions for commencing the action are met; (2) refuse to accept the case and explain reasons if the conditions for commencing the action are not met, and make a ruling of rejection if a party involved insists on filing the lawsuit; (3) grant an approval if a party involved voluntarily quits the litigation; and (4) provide the litigation guiding materials. Article 10. Where a party involved files an oral lawsuit with the court, a judge shall: (1) inform him that a written petition shall be submitted; and (2) require the party involved to faithfully provide the details of the case and the contact information, record them down into the transcripts and read them out, and deliver them to the party involved for signature or fingerprint after they confirm that there is no error if the party involved can not write the petition and it is difficult for him to entrust any other to write the petition. Article 11. Where a party involved requires for home case acceptance, a judge: (1) may, upon the strength of the actual situation, go to his home to accept the materials of complaint if the party involved can not go to the court to file a lawsuit and can not entrust an agent since he is handicapped in limbs and is inconvenient in whereabouts or is seriously ill and can not get up; and (2) shall inform the party involved to file a lawsuit with the court if the party involved does not meet the aforesaid conditions. Article 12. Where a party involved files a lawsuit with the people's court, the people's court that has the power to accept the lawsuit shall: accept the materials of complaint and shall not ask the party involved to file the lawsuit with the local grassroots people's court. Article 13. Where a case is not subject to the charge of the court or the jurisdiction of this court, a judge shall: (1) inform the parties involved of the reason why the case is not subject to the charge of the court or the jurisdiction of this court; (2) indicate the competent organ or the court with jurisdiction upon the strength of the actual situation of the case; or (3) not accept a case by violating the provisions on jurisdiction. Article 14. Where a party involved files the private prosecution for a case subject to public prosecution, a judge shall: (1) transfer the case to the competent organ after accepting it, and inform the party involved; and (2) take emergency measures first, and then transfer the case to the competent organ and inform the party involved if the circumstance is urgent. Article 15. Where the contents or forms of a petition are not consistent with the provisions, a judge shall: (1) clearly inform the party involved to make corrections according to the relevant provisions once and for all; and (2) not refuse to accept the case due to any reason other than the requirements for commencing an action. Article 16. Where the evidence in the materials of complaint is not sufficient, a judge shall: not refuse to accept the case due to the reason that the evidence for supporting the claim is insufficient. Article 17. Where the decision on whether to accept a case can not be made on the spot due to a complex circumstance, a judge shall: (1) accept the materials and issue a receipt, and inform the party involved to await the examination conclusion; and (2) timely examine the case, and notify the conclusion to the party involved within the statutory time limit. Article 18. Where any collective dispute or any dispute that is easy to intensify the contradiction occurs: a judge shall timely report it to the leaders and contact the relevant department, actively do a good job in persuasion, and prevent the contradiction from becoming intensified. Article 19. Where a party involved inquiries whether the evidence is effective, whether he can win the lawsuit or any other substantive issue after a case is placed on file, a judge shall: (1) not provide orientation opinions to the party involved; and (2) inform him of the fact that this kind of issues can be decided only by trials, and tell him to believe that the court will rule his case justly. Article 20. Where any party involved inquiries about the case-handling procedure or time limit after a case is placed on file, a judge shall: tell that to him, and shall not refuse to answer this kind of questions with the excuse that this kind of questions are irrelevant to the case acceptance. Article 21. Where a party involved pays the litigation fee in advance, a judge shall: (1) determine the amount in strict accordance with the provisions, and shall not collect any extra fee or reduce the litigation fee at will; (2) inform the account number and place in a timely manner if the litigation fee shall be paid at a designated bank; and (3) issue a receipt according to the provisions where the people's court really needs to collect the litigation fee by itself. Article 22. Where a party involved has difficulty in paying the litigation fee, a judge shall: (1) inform the party involved that he can apply for the deferment, deduction or exemption of the litigation fee if the conditions of legal aid are met; and (2) inform, in a written form, the party involved that he shall pay the litigation fee within the statutory time limit and the case may be considered withdrawn if he does not pay the litigation fee without any justifiable reason where the conditions of legal aid are not met. Article 23. Where a party involved applies for property or evidence preservation measure before the institution of an action, a judge shall: (1) strictly examine the conditions and reasons for application, and timely make a ruling; (2) timely implement the preservation measure if such preservation measure is ruled to be adopted; or patiently explain the reasons if the conditions for application are not met; and (3) not misuse the property or evidence preservation measure before the institution of an action. CHAPTER III COURT TRIALS Article 24. A judge shall try cases according to the following basic requirements: (1) Standardizing words and deeds for court trials, and building up good image; (2) Strengthening the ability to control court trials, and ensuring the quality of court trials; (3) Strictly following the procedures for court trials, and equally protecting the litigation rights of the parties involved; and (4) Maintaining the order of court trials, and safeguarding the smooth operation of trials. Article 25. As to the preparations before court trials, a judge shall: (1) inform all parties involved in proceedings of the hearing time and place within the statutory time limit; (2) timely publicize the court trial if the court trial will be openly conducted; and (3) timely conduct the examination if any party involved applies for private trial of the case; and shall openly try the case and explain the reasons if the statutory conditions for private trial are not met. Article 26. Where the original court trial needs to be postponed, a judge shall: (1) not change the time for court trial without any justifiable reason; (2) immediately notify the parties involved and other participants in proceedings if the court trial needs to be postponed due to any special circumstance related to any party involved or witness; and (3) arrange persons to make explanations to the parties involved and other participants in proceedings at the original court trial time and place if a notice can not be given. Article 27. When appearing in a court, a judge shall pay attention to the following matters: (1) Appearing in the court in time, and not being late or making default; (2) Wearing judicial robes and keeping tidy and solemn before entering into the court if the judicial robes shall be worn as required; (3) Walking to the court through the passage for judges if there is one; (4) Entering into the court after the parties involved, agents, defenders and public prosecutors, etc.; and (5) Not showing the intimacy to any party involved in the litigation. Article 28. As to the words and deeds in court trials, a judge shall: (1) sit well, and stop any ungainly act; (2) concentrate attention on the court trial, and not do anything not related to the court trial; (3) not use communication tools, smoke at the trial bench, or leave the trial bench at will; (4) politely motion to the parties involved and other participants in proceedings to speak; (5) not use leading words to ask questions, and not argue or quarrel with any party involved or any other participant in proceedings; (6) using gavels in strict accordance with the provisions, and the degree to beat gavels should reach the hearing of the persons in the auditing section; and (7) not take part in the court trial after drinking alcohol. Article 29. As to the allotment and control of the time for statements and defenses of each party involved in the litigation, a judge shall: (1) fairly and rationally allot the time for statements and defenses of each party involved in the litigation on the basis of the details of the case and the requirements of hearing; (2) not interrupt the statements of any party involved, agent or defender, etc. at will; and (3) appropriately remind the party involved, agent or defender, etc. if he expresses repeated opinions or opinions not related to the case, but not criticize him by crude words. Article 30. Where any party involved uses his dialect or language of his ethnic minority, a judge shall: (1) permit him if one party involved can only speak his dialect, and let the judge or clerk repeat it in mandarin if the other party involved can not understand dialect; and (2) prepare an interpreter for one party involved who uses the language of his ethnic minority for statements if the other party involved expresses that he can not understand such language. Article 31. Where any party involved is in a rage or cries out his grievances or against unfairness in the court, a judge shall: (1) restate that the parties involved should abide by the courtroom disciplines and the court will give the time for him to make statements; (2) timely deter the party involved if he refuses to stop his act after being dissuaded from doing so; and (3) properly treat the situation according to the relevant provisions if the deterrence is invalid. Article 32. Where any dispute or assault and battery occurs between the parties involved, a judge shall: (1) timely deter the dispute or assault and battery and criticize and educate each party involved, and not take sides; (2) caution each party involved that they should make statements on the case according to the order; and (3) properly treat the party involved according to the relevant provisions if he refuses to accept the persuasion. Article 33. Where any party involved affixes his signature on the transcripts on court trials, a judge shall: (1) inform the party involved of the legal significance and effectiveness of the transcripts on court trials, and hand them over to him for reading; or read them out for the party involved if he has no reading ability, and let him affix his signature or fingerprint after he confirms that there is no error; (2) make up the omission or error on the spot upon verification and ask the party involved to affix his signature or fingerprint at the place of supplementation or correction if any party involved points out any omission or error in the transcripts; or record the application down if there is no omission or error that shall be made up; and (3) not require any party involved to affix his signature or fingerprint before the party involved reads the transcripts. Article 34. When pronouncing a judgment, a judge shall pay attention to the following matters: (1) A judgment shall be pronounced openly; (2) The members of a collegial panel or the sole judge shall, when pronouncing a judgment, stand up, and the judgment shall be loudly and clearly announced; (3) If the judgment is announced in court, the judge shall announce the adjudicated matters, briefly explain the reasons for adjudication and inform the statutory time limit for serving the judgment; (4) If the judgment will be announced at a fixed time, the judge shall grant the judgment immediately after the announcement; and (5) The judge shall not, after the announcement, praise or criticize any party involve, and shall patiently explain the questions as put forward by the party who loses the case. Article 35. If a case cannot be settled within the time limit for concluding the trial, a judge shall: (1) go through the examination and approval formalities according to the provisions if the time limit for concluding the trial needs to be extended; and (2) timely inform the parties involved and other participants in proceedings of the reasons why the case can not be timely settled within a reasonable period before the expiration of the time limit for concluding the trial or before the proceeding alteration. Article 36. If the people's prosecutorial office institutes a prosecutorial protest, a judge shall: (1) place it on file, and hear it according to the relevant provisions; and (2) provide necessary conditions and facilities for the prosecutors, defenders and agents to consult and print the case files. CHAPTER IV MEDIATION IN PROCEEDINGS Article 37. The basic requirements for mediation in proceedings are given as follows: (1) Strengthening the sense of mediation, insisting on the adoption of mediation in the whole civil proceeding, and brining the role of mediation in solving disputes into full play; (2) Adhering to the principles of willingness and legality, settling disputes through mediation if possible, rendering judgments when necessary, combining judgment with mediation and resolving the matter once finalizing the case; and (3) Paying attention to the ways and means, and enhancing the capacity of mediation in proceedings. Article 38. When contacting a party involved during the course of mediation, a judge: (1) shall solicit the mediation willingness of each party involved; (2) may conduct separate mediation to each party involved on the basis of the specific conditions of a case; and (3) shall try to keep the other party involved from doubting the neutrality of the judge when contacting one party involved. Article 39. Where only the agent of a party involved takes part in the mediation, a judge shall: carefully examine whether the agent has the special authorization, and may let the agent take part in the mediation directly if there is special authorization; and the agent may take part in the mediation to conclude a preliminary mediation agreement if there is no special authorization, the judge shall let the party involved affix his signature or seal or may let the party involved make up the formalities for retroactively recognizing the special authorization. Article 40. Where one party involved expresses his unwillingness to mediation, a judge shall: (1) appeal to the reasons and feelings of the party involved, and actively guide the mediation if the mediation is possible; and (2) not force the party involved to accept the mediation if he insists on his unwillingness to mediation. Article 41. Where a mediation agreement will damage the interests of any other, a judge shall: (1) inform the parties involved in the mediation to alter the stipulations concerning the rights and obligations of any other; and (2) not ratify the corresponding contents in the mediation agreement if he finds that the mediation agreement will damage the interests of any other. Article 42. Where any party involved asks a judge to declare his stand for the issue of liabilities during the course of mediation, the judge shall: (1) not declare his stand at will, excluding the situation that the power of declaration shall be exercised according to law; and (2) pay attention to the ways and means and try to reach the mediation agreement between the parties involved if the judge needs to declare his stand for the mediation. Article 43. Where the parties involved have different opinions to the mediation scheme, a judge shall: (1) continuously do a good job in the mediation work so as to give another choice to the parties involved; and (2) timely render the judgment if the difference is too wide to reach a mediation. CHAPTER V DOCUMENT MAKING Article 44. The basic requirements for making documents are given as follows: (1) Strictly abiding by the formats and criteria, continuously enhancing the ability to make judgments, ensuring the quality of judgments and maintaining the solemnity and authority of judgments: (2) The judgment for a case applying the ordinary procedure shall have comprehensive contents, intensive reasoning, rigid logic and normative wording; and (3) The judgment for a case applying the summary procedure shall be precise, accurate and normative. Article 45. As to the liabilities for the quality of judgments: (1) The members of a collegial panel or the sole judge shall assume main responsibilities for the quality of the judgment; and (2) The judge responsible for examining the judgment shall strictly examine the judgment and be responsible for the examination liability. Article 46. As to the descriptions of the court proceedings and the whole trial procedure: (1) the names of the parties involved, the cause of action, the time for placing the case on file, the time for opening the court session, and the information on the presence of the participants in proceedings, etc. shall be faithfully described; (2) the time and reason for procedure alteration shall be stated if a summary procedure is altered into the ordinary procedure; and (3) the time and reasons for the addition or change of the party involved shall be stated if any party involved is added or changed. Article 47. As to the summary of the petition and answer of each party involved: (1) the claims of each party involved in proceedings shall be briefly and faithfully summarized; and (2) the lengths of each party's claim and answer in the summary shall be fairly and rationally distributed. Article 48. As to the descriptions on the cross-examination and the issues in dispute between the parties involved: (1) the process of evidence change before the court session and the cross-examination between the parties involved during the court session shall be briefly stated ; (2) the issues in dispute between the parties involved shall be accurately generalized; and (3) descriptions shall be made in various paragraphs and sections so as to accurately summarize the issues in dispute if the facts and legal relations of a case are comparatively complex. Article 49. As to the explanations about some important matters during the course of court session: the conditions on the trial of jurisdictional dispute shall be faithfully described in the part of "information on trials", and the procedures for judicial appraisal, evaluation and audit, etc, shall be truly reflected in the part of "ascertainment of facts". Article 50. The descriptions of the part of ascertainment of facts in the judgment for a case applying the ordinary procedures shall: (1) have objective statements, rigid logic and accurate wording, and not use clearly commendatory or derogatory words; (2) explicitly analyze the reasons for whether or not the evidence as delivered by the parties involved has been adopted as well as the facts that can be proved by the adopted evidence; and (3) rationally explain the burden of proof, the forcefulness of evidence as well as the standards of evidence, etc.. Article 51. As to the analysis and demonstration of the nature of and judgment for a case applying the ordinary procedure: (1) the argument shall be given objectively, comprehensively and fully, and the reasons on whether or not the defense opinions or agent opinions have been adopted shall be given; (2) a judgment of guilt or innocence shall be delivered according to the relevant provisions in the laws and judicial interpretations and in combination with the specific facts for the trial of a criminal case; and the legal and discretionary circumstances for giving a heavier, more lenient, or mitigated punishment or exempting the punishment shall be analyzed and verified; (3) the rights and obligations, the burden of liabilities and the severity of liabilities of the parties involved shall be explicitly summarized and judged according to the relevant provisions in the laws, administrative regulations or judicial interpretations and in combination with the specific circumstances of a case for the trial of a civil case; and (4) whether the specific administrative act as committed by the administrative organ and their functionaries is legal, whether the legitimate rights and interests of the plaintiff are damaged and whether there is the causality with the specific administrative act as complained about shall be analyzed and demonstrated according to the relevant provisions in the laws, administrative regulations or judicial interpretations and in combination with the facts of a case for the trial of an administrative case. Article 52. As to the citation of articles of laws: (1) the original text of any article shall be cited in the part of reasons for judgment upon the strength of the circumstances; if there are several disputes in the reasons for judgment, one citation shall be made concerning one argument; and only the serial number of an article shall be cited when citing the final legal basis in the part of reasons of the main part of a judgment; (2) the special law shall be cited if there are both the general law and the special law; and (3) the specific article shall be cited if there are both the principle article and the specific article. Article 53. Where any wording error is found after a judgment is announced or served: (1) timely explanations shall be made to the parties involved and the judgment shall be taken back so as to supplement and correct the error by using the seal of proof or the judgment text shall be made again if the wording error is a general one; and (2) a ruling for supplement and correction shall be made if the wording error is an important one and the judgment can not be taken back. CHAPTER VI EXECUTION Article 54. The basic requirements for execution are given as follows: (1) Executing legal documents in a legal, timely and effective manner, ensuring the solemnity and authority of effective legal documents, and maintaining the lawful rights and interests of the parties involved; (2) Adhering to the civilized execution and taking execution measures in strict accordance with law; and (3) Paying attention to the ways and means as well as the legal effects and social effects of the execution. Article 55. Where a person against whom a judgment or order is being executed asks the executors to consult the execution matters with his agent for the sake of special authorization, an execution judge shall: (1) decide whether or not to contact the agent of the person against whom a judgment or order is being executed according to the specific execution conditions; and (2) inform the person against whom a judgment or order is being executed of his obligation to cooperate with the court in the execution work if it is necessary to contact the person himself, and the said person shall not shift the responsibility onto any other. Article 56. Where an applicant for execution gives a call or visits personally to consult the information about the execution of a case, an execution judge shall: (1) carefully record it down and timely explain the proceeding of the execution; and (2) grant permission if an applicant for execution requires to consult the relevant case files, excluding the case that it is prescribed by any law that the case files shall be kept secret. Article 57. Where an applicant for execution or a person against whom a judgment or order is being executed asks for the returning of the originals of materials, an execution judge shall: return the originals after verifying the duplicates as submitted by the party involved where the party involved in the execution really needs to keep the originals. Article 58. As to the search of the properties to be executed: (1) If an applicant for execution provides any clew to the properties to be executed to the court, an execution judge shall timely make investigations and take corresponding execution measures, and inform the applicant for execution of the relevant conditions; and (2) An execution judge shall actively find out the properties of the person against whom a judgment or order is being executed upon the strength of their authorities, and timely adopt corresponding execution measures. Article 59. Where any party involved in the execution requires the reconciliation, an execution judge shall: (1) timely transfer the request of one party involved for reconciliation to the other party involved, and objectively state the difficulty and risks of the execution to the parties involved in a proper manner, and cause the parties involved to reach the reconciliation; (2) continuously carry out the execution if any party involved in the execution refuses the reconciliation; and (3) form a written reconciliation agreement if the applicant for execution and the person against whom a judgment or order is being executed reach a reconciliation; or record down the contents in the reconciliation agreement and let both parties involved affix their signatures or seals if there is no written agreement. Article 60. As to the suspension, termination or wind-up in the execution, an execution judge shall: (1) adopt the execution measure of suspension, termination or wind-up in strict accordance with the statutory conditions and procedures; (2) inform the applicant for execution of the facts for suspension, termination or wind-up of the execution and the relevant laws, and make explanations patiently; (3) inform the applicant for execution of the conditions and procedures for resuming the execution upon suspension or termination; and (4) timely make corrections if there is any error in the suspension, termination or wind-up of the execution. Article 61. Where a person against whom a judgment or order is being executed demurs at the execution jurisdiction of the entrusted court, an execution judge shall: (1) examine whether the case is consistent with the conditions for authorized execution, and timely report to the leaders and take proper means to make corrections if the conditions are not satisfied; and (2) inform the person against whom a judgment or order is being executed of the basis for the entrusted court to accept the execution and enforce it according to law if the conditions for authorized execution are satisfied. Article 62. Where any person other than those involved in proceedings objects to the execution, an execution judge: (1) shall ask the person other than those involved in proceedings to provide the relevant evidence materials on his objection, and conduct examination timely; (2) may take restrictive measures to the properties to be executed upon the strength of the specific conditions, and shall not handle them; and (3) shall take proper means to make corrections if the objection is established; and shall reject the objection if it is not established. Article 63. As to the seal-up, distain, freeze, auction or sell-off of the properties of a person against whom a judgment or order is being executed, an execution judge shall: (1) handle the formalities in strict accordance with the provisions, and not seal up, distain or freeze the properties of the person against whom a judgment or order is being executed by exceeding the standards; and (2) entrust an appraisal or auction institution in strict accordance with the relevant provisions on auction or sell-off, and not damage the interests of any party involved. Article 64. As to the collection of the money involved in execution, an execution judge shall: (1) directly transfer the money involved in execution into a special account; (2) deliver the money or note to the financial department of this court together with the person against whom a judgment or order is being executed if he pays the money or note immediately; and (3) immediately issue a receipt to the payer and transfer the money or note to the financial department of this court in the case of the execution between different places, the search and detention, the execution of a small-amount object or an urgent circumstance under which an execution judge shall directly collect the money or note. Article 65. As to the appropriation of the money involved in execution, an execution judge shall: (1) handle the formalities for settling the expense and the money involved in execution within the prescribed time limit, and timely notify the applicant for execution to handle the formalities for withdrawing money; (2) give reasons in written form before the expiration of the time limit and report it to the leaders for examination and approval if the appropriation needs to be prolonged; and (3) examine whether the entrustment formalities are complete and effective and require the collector to issue lawful and effective receipts if the applicant for execution entrusts or designates any other to collect money as an agent. Article 66. If a person against whom a judgment or order is being executed does not fulfill an effective legal document because he thinks that there is any substantive or procedural error, an execution judge shall: timely ask the president of the court to handle it according to the procedure for trial supervision if the error in the effective legal document is really found; or shall make explanations and continue the execution if there is no error. Article 67. If any relevant department or person does not assist in the execution, an execution judge shall: inform it/him of the relevant laws, and do a good job in persuasion and education; or take other measures if the relevant department or person still refuses to offer assistance after persuasion and education. CHAPTER VII TREATMENT OF LAWSUIT-RELATED COMPLAINT LETTERS AND VISITS Article 68. The basic requirements for the treatment of lawsuit-related complaint letters and visits are given as follows: (1) Attaching importance to and seriously conducting a good job in the work related to complaint letters and visits, and practically protecting the lawful rights and interests of complaint makers; (2) Timely handling the matters related to complaint letters and visits, and trying to receive and talk to each complaint maker, handle each complaint letter or visit and reply to each complaint letter or visit; and (3) Receiving complaint makers in a civilized manner, and maintaining the image of courts. Article 69. When treating complaint letters, a judge shall: (1) timely read and register complaint letters according to the provisions, and not privately detain or delay handling complaint letters; (2) timely give replies or turn back the relevant materials where necessary; and (3) timely forward those complaint letters that shall be handled by the relevant departments or the courts at the lower levels. Article 70. When receiving complaint visits, a judge shall: (1) timely receive complaint visits, and patiently listen to the opinions of complaint makers and record them down; and (2) immediately give a reply if an on-the-spot solution is possible, or collect materials and inform the complaint maker to await the handling results within the stipulated time limit if a solution can not be given on the spot. Article 71. Where a complaint maker is old, weak, ill, handicapped or pregnant, a judge: (1) shall interview such a complaint maker with priority; (2) may help contact the public assistance station upon the strength of the circumstance if the complaint maker applies for assistance; and (3) shall immediately take proper rescuing measures if any accident occurs when interviewing the complaint maker. Article 72. As to the collective complaint visits, a judge shall: (1) report to the leaders, and timely arrange the receiving matter and contact the relevant departments for collective handling; (2) inform complaint makers to assign one up to five representatives to explain the purposes and reasons of the complaint visit upon the strength of the circumstances; and (3) stabilizing the moods of complaint makers, and doing a good job in persuading the complaint makers. Article 73. Where a complaint letter or visit is not within the authorities of the court, a judge shall: inform the complaint maker of the fact that the court has no power to handle the complaint letter or visit as well as the reasons, and point out the competent handling organ on the basis of the complaint letter or visit. Article 74. Where a complaint letter or visit involves state secrets, business secrets or personal privacy, a judge shall: (1) properly keep the materials concerning secrets and personal privacy; and (2) voluntarily abide by the relevant provisions, and not disclose or use state secrets, business secrets or personal privacy obtained in the work relating to the complaint letter or visit. Article 75. Where a complaint maker reflects that any subordinate court unfairly delivers a judgment, ineffectively enforces a judgment or has any unfavorable working style, etc., a judge shall: (1) carefully record down the contents as reflected by the complaint maker; (2) inform the complain maker to file an appeal, complaint or application for retrial if the complaint maker refuses to accept the judgment of the court; and (3) timely transfer the materials to the relevant department of this court for handling if the complaint maker reflects any other problem. Article 76. Where a complaint maker repeatedly sends letters or pays personal visits to urge the handling results, a judge shall: (1) inform him of the prescribed time limit, and persuade him to await the handling results with patience; (2) timely inform the case-handling judge or department if the circumstance is urgent; and (3) inform the reasons for exceeding the time limit if the time limit for handling has been exceeded. Article 77. Where a complaint maker refuses to accept the handling result and asks for handling again, a judge shall: (1) timely report it to the leaders and correct it pursuant to the provisions if the complaint letter or visit is found to be handled improperly; and (2) do a good job in explanation, and expound the handling procedures and basis if the complaint letter or visit is handled properly. Article 78. Where a complaint maker expresses that he will stay in the court or take any other extreme means if his problem is not solved, a judge shall: (1) timely persuade and educate the complaint maker and avoid using improper words and deeds to hurt the complaint maker; and (2) timely report to the leaders, and actively take proper measures to prevent the occurrence of any accident. CHAPTER VIII ACTIVITIES NOT RELATED TO WORK Article 79. The basic requirements for judges to conduct activities not related to work are given as follows: (1) Abiding by disciplines, laws and social morality; (2) Strengthening the cultivation, and being strictly self-disciplined; (3) Putting an end to any bad hobby or any act that is inappropriate with the image of judges or may affect the fair fulfillment of duties; and (4) Paying attention to words and deeds, and voluntarily maintaining the image of judges in daily life. Article 80. Where a judge is invited to take part in a symposium or seminar, he: (1) shall decline with thanks the invitation of a law firm, intermediary institution, enterprise or public institution that has interests with any case; and (2) may take part in an activity upon approval of the entity for which it works if an invitation is given by a party, government or army, academic group or mass organization that has no interest with any case and will not affect the judicial impartiality. Article 81. Where a judge is invited to take part in various social organizations or get-together activities, he shall: (1) timely report to the court where he works for examination and approval according to the examination and approval power of judges if he needs to take part in a social organization that has registered in a civil affairs department at any level; (2) not take part in any for-profit social organization; and (3) not accept any meal invitation, gift, monetary gift or patronage that goes against the uprightness and cleanness. Article 82. Where a judge engages in writing, school-teaching or any other activity outside his judicial post, he: (1) may engage in writing, school-teaching or any other activity outside his judicial post in his leisure time if it does not violate the laws, hamper the judicial impartiality and affect the trial work; (2) shall, during the course of writing or school-teaching, avoid deliberating any specific case or the relevant parties involved or not disclose or use state secrets, business secrets, personal privacy or other private information obtained in his work; and (3) shall pay the tax according to law for the lawful remunerations obtained from his activity outside his judicial post. Article 83. Where a judge accepts an interview of a news medium related to the court's work, he shall: (1) accept the interview of the news medium through the news department of the court; (2) prepare well in advance if the matter to be interviewed involves major, difficult and complex issues; and (3) not deliver opinions that will damage the judicial impartiality when he is interviewed, not comment on any case that is being tried or any relevant party, not disclose state secrets, business secrets, personal privacy or other private information obtained in his work. Article 84. Where a judge himself is under a conflict with any other in his daily life, he shall: (1) keep calm and be restrained, and solve the conflict through legal means; (2) not seek for extra assistance by making use of his status of judges or damage the image of judges when solving the dispute. Article 85. Where any relative or friend of a judge has a conflict with any other and asks for help, the judge shall: (1) persuade his relative or friend to solve the conflict through legal means; (2) not make use of his status of judges to hamper the solution of the conflict conducted by the relevant department. Article 86. Where a judge himself or any of his family members is under any conflict that shall be solved through the form of action, the judge shall: (1) equally take part in the litigation according to the relevant laws for a case of his own or a case in which the judge takes part as an agent of his lineal kinship; (2) not obtain special preferential treatment by making use of his status of judges or not collect necessary evidence by making use of his authorities during the course of litigation; and (3) let his family member other than lineal kinship entrust an agent by himself, and not take part in the litigation as an agent to a lawsuit involving his family member other than lineal kinship. Article 87. When appearing at a social place, a judge shall: (1) voluntarily maintain the image of judges when taking part in any social activity; and (2) not appear in any operational entertainment place by police wagons or wearing uniforms. Article 88. Where any family member or friend of a judge invites him to take part in feudal superstitious activities, the judge shall: (1) resolutely refuse to take part in any feudal superstitious activity; (2) persuade his family member or friend to believe in science and object to the feudal superstition; and (3) immediately report to the relevant organization and the public security organ if his family member or friend commits any crime by making use of feudal superstition. Article 89. Where a judge goes abroad for visiting a relative or travel, he shall: (1) faithfully declare the designation country and region as well as the returning time to the organization, and not go abroad unless it is approved by the organization; (2) return to the post in time; (3) abide by local laws and respect local folkway, folk-custom and religious habits; and (4) pay attention to his image, and maintain the dignity of the state. CHAPTER IX SUPPLEMENTARY PROVISIONS Article 90. The people's courts at all levels shall guide and supervise the judges of their respective courts to abide by this Code. Article 91. The people's assessors and other staff members of the people's courts shall conduct their work and behavior by referring to this Code. Article 92. The power to interpret this Code shall remain with the Supreme People's Court. Article 93. This Code shall come into force as of the date of promulgation. |
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