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The present Measures are hereby formulated in accordance with the Organic Law of the People's Court of the People's Republic of China and the Judges Law of the People's Republic of China and the relevant laws for the purpose of establishing a specialized contingent of clerks of the people's court and realizing the scientific management on the clerks. Article 1. A clerk is an assistant personnel for routine judicial work, who is working under the guidance of the judge. The administration of clerks shall be made in single sequence, separately from the other personnel of the courts. Article 2. A clerk shall perform the following duties: (1) Handling the routine work in the process of preparing the court hearing; (2) Inspecting the presence of the participants in proceedings in the course of court hearing, and announce the rules of the court; (3) Recording the hearing of the cases; (4) Packing up, binding up and putting on files of the materials in the case; and (5) Completing other routine work as handed over by the judges. Article 3. A clerk must possess the following qualifications: (1) being of the nationality of the People's Republic of China; (2) upholding the Constitution of the People's Republic of China; (3) having reached the age of 18, and being in good health; (4) having fine political and professional quality, and with the special skill for undertaking the work of a clerk; and (5) being a graduate of a junior college or over. For the places where it is really difficult to apply the academic qualifications as prescribed in item 5 of the present Article, the academic qualifications for a clerk may, after being examined and approved by the Higher People's Court, be eased to the academic qualifications of senior high school or technical secondary school within a specific period. Article 4. The following persons may not hold the post of a clerk: (1) having been subjected to criminal punishment for committing a crime; (2) having been discharged from public employment; or (3) being examined as a suspect in violation of laws or disciplines, and no conclusions have been drawn yet. Article 5. The newly recruited clerks of the people's court after the distribution of the present Measures shall be subject to the system of appointment of posts and management by contracts. The system for appointment of posts and the management by contracts for a clerk means that the people's court signs employment contract with the person employed according to law and the present Measures, and the two parties shall perform the stipulations of the contract within its period of validity. After the dissolution or termination of the contract, the two parties will dissolve the relation of employment, and the person employed will no longer has the identity of a state functionary or will no longer perform the function of a clerk. Article 6. Unless otherwise prescribed by laws, regulations or stipulated by employment contracts, the rights and obligations of the clerks of the people's court, and the education and training, examination and rewards and punishment, resignation and dismissal, petition and complaint, as well as the promotion and demotion thereof, etc, shall refer to the relevant provisions of the national public servant. The salary, insurance and welfare system for a clerk of the people's court subject to the system of appointment of posts shall be prescribed by the state separately. Before the promulgation of the relevant provisions of the state, the base pay of a clerk of the people's court subject to the system of appointment of posts shall be implemented by referring to the relevant provisions of the national public servant. Other treatment such as the salary and welfare, etc., shall be handled in light of the particular circumstances of the local districts temporarily. After the relevant provisions of the state have been promulgated, the salary, insurance and the welfare treatment of the clerks of the people's court subject to the system of appointment of posts shall be implemented in light of the uniform provisions of the state. Article 7. The people's court shall determine the special staffing of the clerks according to the percentage of the number of clerks within the staffing scope checked and ratified by the state. When the people's courts employ or transfer other working staff, they may not occupy the special staffing for the clerks. The percentage of the number of clerks shall be determined by the Supreme People's Court separately. Article 8. The principle of openness, equality and competition shall be followed by the people's court when recruiting new clerks, the best shall be employed through examination and assessment. The departments in charge of the examination and employment of the clerks at the Central Government and at the provincial level shall be responsible for the examination on employing clerks of the Supreme People's Court and of the local people's courts at all levels. Article 9. The people's court shall sign an employment contract with the clerk it employed. The term of the employment contract shall be three to five years in general, and the contract may be extended after the expiration. Where a clerk has worked for ten full years consecutively in one entity, and there are less than ten years for his legal retirement age, and the two parties agree to extend the employment contract, the people's court shall sign an employment contract without fixed term with the clerk upon his suggestion. The term for trial use of the clerks newly employed shall be one year. The Supreme People's Court shall be responsible for formulating the employment contract wording. Article 10. The people's court shall dissolve the employment contract with a clerk subject to the system of appointment of posts, in case any of the following circumstances occurs: (1) The clerk seriously violates the relevant provisions on the administration of the public servants or the rules and regulations of the people's court; (2) The clerk has seriously neglected his duty or engaged in malpractice for personal gains and caused serious damage to fair justice; (3) The clerk is prosecuted for criminal liabilities; (4) The clerk is proved as not competent for the job within the period of trial use; or (5) Other circumstances under which the engagement relations ought to be dissolved as prescribed by laws and regulations. Article 11. In case any of the following circumstances occurs, the people's court may dissolve the employment contract with a clerk subject to the system of appointment of posts, but shall serve a written notice to the clerk in person 30 days in advance: (1) A clerk, after the treatment of his disease or non-work-related injuries, is unable to do the work of a clerk; (2) A clerk is appraised as incompetent after the annual appraisal, and is still incompetent for the job after training; (3) The reduction of the personnel as required due to the alteration or restructure of the state organs; (4) A clerk takes part in all kinds of study and training by releasing himself from work without the approval of his entity, and still fails to work normally upon the demand of the entity; or (5) Other circumstances as prescribed by laws and regulations or stipulated by contracts. Article 12. The people's court may not dissolve the employment contract according to Article 11 of the present Measures, if a clerk subject to the system of appointment of posts is under any of the following circumstances: (1) The female clerk is in the period of pregnancy, confinement, or lactation; (2) The clerk is injured on the job and is confirmed as losing all or part of work capability after the treatment; or (3) Other circumstances as prescribed by laws and regulations. Article 13. Where a clerk subject to the system of appointment of posts has any objection against the dissolution of the employment relations by the people's court, he may institute an arbitration to the local department in charge of personnel. Article 14. A clerk subject to the system of appointment of posts may resign his position or propose to dissolve the employment contract, but shall inform the people's court he is working for in writing 30 days in advance. Article 15. The positions or ranks of the clerks of the people's court may be promoted normally as prescribed. The highest positions and ranks of the clerks of the people's court at all levels shall be as follows: The highest position and rank of the clerks of the Supreme People's Court shall be the chief position at the division level. The highest position and rank of the clerks of the Higher People's Court shall be the deputy position at the division level. The highest position and rank of the clerks of the Intermediate People's Court shall be the chief position at the section level. The highest position and rank of the clerks of the Grassroots People's Court shall be the deputy position at the section level. The positions and ranks of` some of the clerks in the Intermediate People's Courts and the Grassroots People's Courts at the municipalities directly under the Central Government or the municipalities of deputy provincial level may be a little more higher than those as prescribed in paragraphs 4 and 5 of the present Article. Article 16. The numbers of the positions of the clerks shall be included in the numbers of the positions of non-leaders of the people's court they are working. Article 17. Except the clauses specially applicable to the clerks subject to the system of appointment of posts, other clauses in the present Measures shall be applicable to both the clerks subject to the system of appointment of posts, and the clerks employed officially within the staffing of the people's court checked and ratified by the state before the implementation of the present Measures. Article 18. The measures for the administration of the clerks of the Military Court of the Chinese People's Liberation Army shall be prescribed separately. Article 19. The Supreme People's Court shall be responsible for the interpretation of the present Measures. Article 20. The present Measures shall be implemented as of the date of promulgation. |
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