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NOTICE OF THE SUPREME PEOPLE'S COURT ABOUT PROHIBITING IN-SERVICE JUDGES FROM ACTING AS ARBITRATORS |
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(promulgated on July 13, 2004) |
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SUBJECT : JUDGES; ACTING AS ARBITRATORS |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 07/13/2004 |
IMPLEMENT DATE : 07/13/2004 |
LENGTH : 155 words |
TEXT : |
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Recently the Supreme People's Court made a reply to the question raised by the representatives of the National People's Congress about whether a judge may be engaged by an arbitration commission to act as an arbitrator. You are hereby notified of the spirit of the reply as follows:
In accordance with the Judge Law of the People's Republic of China and the Arbitration Law of the People's Republic of China, a judge's acting as an arbitrator and undertaking the arbitration work of cases is not consistent with the pertinent legal provisions, exceeds the functions of the people's court and the judges, and is disadvantageous to impartially protecting the legitimate rights and interests of the litigants according to the law. Thus, no judge may act as an arbitrator. Anyone who has been engaged by an arbitration commission to act as an arbitrator shall resign form his (her) position as an arbitrator and terminate the employment relationship.
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