法律文本

中華人民共和國法官法（2019修訂）

Judges Law of the People's Republic of China (Amended in 2019)

主席令第二十七號

Presidential Decree No. 27

《中華人民共和國法官法》已由中華人民共和國第十三屆全國人民代表大會常務委員會第十次會議於2019年4月23日修訂通過，現將修訂後的《中華人民共和國法官法》公布，自2019年10月1日起施行。

The Judges Law of the People's Republic of China, revised and adopted at the 10th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on April 23, 2019, is hereby promulgated for implementation as of October 1, 2019.

中華人民共和國主席 習近平

President Xi Jinping

2019年4月23日

April 23, 2019

（1995年2月28日第八屆全國人民代表大會常務委員會第十二次會議通過 根據2001年6月30日第九屆全國人民代表大會常務委員會第二十二次會議《關於修改〈中華人民共和國法官法〉的決定》第一次修正 根據2017年9月1日第十二屆全國人民代表大會常務委員會第二十九次會議《關於修改〈中華人民共和國法官法〉等八部法律的決定》第二次修正 2019年4月23日第十三屆全國人民代表大會常務委員會第十次會議修訂）

(Adopted at the 12th Session of the Standing Committee of the Eighth National People's Congress on February 28, 1995; amended for the first time according to the Decision on Amending the Judges Law of the People's Republic of China at the 22nd Session of the Standing Committee of the Ninth National People's Congress on June 30, 2001; amended for the second time according to the Decision on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017; and revised at the 10th Session of the Standing Committee of the 13th National People's Congress on April 23, 2019)

第一章 總 則

Chapter 1 General Provisions

第一條   為了全面推進高素質法官隊伍建設，加強對法官的管理和監督，維護法官合法權益，保障人民法院依法獨立行使審判權，保障法官依法履行職責，保障司法公正，根據憲法，制定本法。

Article 1 This Law is enacted in accordance with the Constitution in order to comprehensively promote the building of a contingent of high-quality judges, to strengthen the administration and supervision of judges, to safeguard the lawful rights and interests of judges, to ensure that the People's Courts independently exercise judicial authority according to law and that judges perform their functions and duties according to law, and to ensure the judicial justice.

第二條   法官是依法行使國家審判權的審判人員，包括最高人民法院、地方各級人民法院和軍事法院等專門人民法院的院長、副院長、審判委員會委員、庭長、副庭長和審判員。

Article 2 Judges are the judicial personnel who exercise the judicial authority of the State according to law, including presidents, vice presidents, members of judicial committees, chief judges and associate chief judges of divisions and judges of the Supreme People's Court, local People's Courts at various levels and special People's Courts such as military courts.

第三條   法官必須忠實執行憲法和法律，維護社會公平正義，全心全意為人民服務。

Article 3 Judges must faithfully implement the Constitution and laws, safeguard social fairness and justice, and serve the people whole-heartedly.

第四條   法官應當公正對待當事人和其他訴訟參與人，對一切個人和組織在適用法律上一律平等。

Article 4. A judge should treat all the parties and participants impartially and treat all the individuals and organizations equally.

第五條   法官應當勤勉盡責，清正廉明，恪守職業道德。

Article 5 Judges shall be diligent and responsible, honest and clean, and abide by professional ethics.

第六條   法官審判案件，應當以事實為根據，以法律為準繩，秉持客觀公正的立場。

Article 6. A judge should base his case on facts, take law as criterion and adhere to the principle of objectiveness and fairness.

第七條   法官依法履行職責，受法律保護，不受行政機關、社會團體和個人的幹涉。

Article 7 Judges, when performing their functions and duties according to law, shall be protected by law and not be interfered with by administrative organs, public organizations or individuals.

第二章 法官的職責、義務和權利

Chapter II Functions, Duties, Obligations and Rights of Judges

第八條   法官的職責：

Article 8 The duties of judges are:

（一）依法參加合議庭審判或者獨任審判刑事、民事、行政訴訟以及國家賠償等案件；

1. participating in the trial of a collegial panel or a sole judge in accordance with the law to hear criminal, civil or administrative lawsuits and State compensation cases;

（二）依法辦理引渡、司法協助等案件；

2. handle cases of extradition and judicial assistance according to law; and

（三）法律規定的其他職責。

(III) other functions and duties as provided by law.

法官在職權範圍內對所辦理的案件負責。

Judges shall be responsible for cases they handle within the scope of their functions and powers.

第九條   人民法院院長、副院長、審判委員會委員、庭長、副庭長除履行審判職責外，還應當履行與其職務相適應的職責。

Article 9 The president, vice-presidents, members of the judicial committee, chief judges and associate chief judges of divisions of the People's Courts shall, in addition to the judicial functions and duties, perform other functions and duties commensurate with their posts.

第十條   法官應當履行下列義務：

Article 10 Judges shall perform the following obligations:

（一）嚴格遵守憲法和法律；

1. strictly observing the Constitution and laws;

（二）秉公辦案，不得徇私枉法；

(II) To handle cases impartially, and not to bend law for personal gain;

（三）依法保障當事人和其他訴訟參與人的訴訟權利；

3. protecting the litigation rights of the parties and other litigation participants in accordance with the law;

（四）維護國家利益、社會公共利益，維護個人和組織的合法權益；

(IV) safeguarding the national interests and public interests, and protecting the legitimate rights and interests of individuals and organizations;

（五）保守國家秘密和審判工作秘密，對履行職責中知悉的商業秘密和個人隱私予以保密；

(V) to keep State secrets and the secrets of judicial work and to keep confidential the commercial secrets and personal privacy known in performing duties;

（六）依法接受法律監督和人民群眾監督；

(VI) accepting legal supervision and supervision by the masses in accordance with the law;

（七）通過依法辦理案件以案釋法，增強全民法治觀念，推進法治社會建設；

(VII) Enhance the whole people's awareness of the rule of law by handling cases according to the law to promote the construction of a society ruled by law; and

（八）法律規定的其他義務。

(VIII) Other obligations stipulated by laws.

第十一條   法官享有下列權利：

Article 11 Judges shall enjoy the following rights:

（一）履行法官職責應當具有的職權和工作條件；

1. to have the power and working conditions which are essential to the performance of functions and duties of judges;

（二）非因法定事由、非經法定程序，不被調離、免職、降職、辭退或者處分；

(II) to be not removed from the post, demoted, dismissed, or given a sanction without statutory basis and without going through statutory procedures;

（三）履行法官職責應當享有的職業保障和福利待遇；

3. the occupational security and welfare benefits to be enjoyed by judges performing their functions and duties;

（四）人身、財產和住所安全受法律保護；

(IV) to enjoy safety of the person, property and residence as ensured by law;

（五）提出申訴或者控告；

(V) To lodge petitions or complaints; and

（六）法律規定的其他權利。

(VI) other rights as provided for by law.

第三章 法官的條件和遴選

Chapter III Requirements for and selection of judges

第十二條   擔任法官必須具備下列條件：

Article 12 A judge must possess the following qualifications:

（一）具有中華人民共和國國籍；

1. Having the nationality of the People's Republic of China;

（二）擁護中華人民共和國憲法，擁護中國共產黨領導和社會主義制度；

2. uphold the Constitution of the People's Republic of China, the leadership of the Communist Party of China, and the socialist system;

（三）具有良好的政治、業務素質和道德品行；

3. to have fine political, professional quality and moral conduct;

（四）具有正常履行職責的身體條件；

(IV) Being physically able to perform normal duties;

（五）具備普通高等學校法學類本科學曆並獲得學士及以上學位；或者普通高等學校非法學類本科及以上學曆並獲得法律碩士、法學碩士及以上學位；或者普通高等學校非法學類本科及以上學曆，獲得其他相應學位，並具有法律專業知識；

(V) having accepted undergraduate education of law major and obtained a bachelor's degree or above in law from a regular institution of higher learning; or having accepted undergraduate education or above of a non-law major and obtained a Master of Law (Master of Law) degree or above in a regular institution of higher learning; or having accepted undergraduate education or above of a non-law major in a regular institution of higher learning, obtained other appropriate degrees and had the professional knowledge of law; and

（六）從事法律工作滿五年。其中獲得法律碩士、法學碩士學位，或者獲得法學博士學位的，從事法律工作的年限可以分別放寬至四年、三年；

(VI) They have been doing legal work for five years. For an individual who has obtained a Master of Laws degree or a Master of Laws degree, or has obtained a Doctor of Laws degree, the restriction on the number of years he or she may have engaged in legal work may be relaxed to four, or three, respectively; and

（七）初任法官應當通過國家統一法律職業資格考試取得法律職業資格。

(VII) Persons to be appointed judges for the first time shall pass the national unified legal professional qualification exam and obtain the legal professional qualification.

適用前款第五項規定的學曆條件確有困難的地方，經最高人民法院審核確定，在一定期限內，可以將擔任法官的學曆條件放寬為高等學校本科畢業。

Where it is really difficult to apply the provisions in sub-paragraph (5) of the preceding paragraph regarding the academic qualifications, such qualifications for judges may, upon examination and approval by the Supreme People's Court and within a limited period of time, be relegated to include graduates from institutions of higher learning.

第十三條   下列人員不得擔任法官：

Article 13 The following persons shall not hold the post of a judge:

（一）因犯罪受過刑事處罰的；

1. Having been imposed on a criminal punishment;

（二）被開除公職的；

2. Having been discharged from public employment;

（三）被吊銷律師、公證員執業證書或者被仲裁委員會除名的；

(III) having his or her practicing certificate for a lawyer or a notary public revoked or being removed from an arbitration commission;

（四）有法律規定的其他情形的。

4. Other circumstances stipulated by the law arise.

第十四條   初任法官采用考試、考核的辦法，按照德才兼備的標準，從具備法官條件的人員中擇優提出人選。

Article 14 Persons to be appointed judges for the first time shall be selected through examination or appraisal from among the best qualified for the post, in conformity with the standards of having both ability and political integrity.

人民法院的院長應當具有法學專業知識和法律職業經曆。副院長、審判委員會委員應當從法官、檢察官或者其他具備法官條件的人員中產生。

The president of a people's court shall have professional knowledge of law and experience in legal profession. Vice-presidents, members of the judicial committee shall be selected from judges, procurators or other persons who are qualified for the post of judge.

第十五條   人民法院可以根據審判工作需要，從律師或者法學教學、研究人員等從事法律職業的人員中公開選拔法官。

Article 15 A people's court may publicly select judges from lawyers, law teachers, researchers and other personnel engaged in the legal profession based on the needs of the judicial work.

除應當具備法官任職條件外，參加公開選拔的律師應當實際執業不少於五年，執業經驗豐富，從業聲譽良好，參加公開選拔的法學教學、研究人員應當具有中級以上職稱，從事教學、研究工作五年以上，有突出研究能力和相應研究成果。

In addition to meeting the requirements for serving as a judge, a lawyer participating in the open selection shall have actually practiced law for not less than five years with rich practice experience and good practice reputation, the law teaching and research personnel participating in the open selection shall have the intermediate professional title or above, have been engaged in teaching and research for not less than five years, and have outstanding research capability and corresponding research results.

第十六條   省、自治區、直轄市設立法官遴選委員會，負責初任法官人選專業能力的審核。

Article 16 All provinces, autonomous regions and municipalities directly under the Central Government shall set up their respective judge selection committees, which shall be responsible for the examination and verification of the professional abilities of the candidates for initial judges.

省級法官遴選委員會的組成人員應當包括地方各級人民法院法官代表、其他從事法律職業的人員和有關方面代表，其中法官代表不少於三分之一。

The members of a provincial judges selection committee shall include judges representatives of local people's courts at all levels, personnel engaged in the legal profession and representatives from the relevant sectors, among whom, judges representatives shall account for at least one third of the total members.

省級法官遴選委員會的日常工作由高級人民法院的內設職能部門承擔。

The routine work of a provincial-level judge selection committee shall be undertaken by the internal functional department of a higher people's court.

遴選最高人民法院法官應當設立最高人民法院法官遴選委員會，負責法官人選專業能力的審核。

The selection of judges of the Supreme People's Court shall set up a commission for selection of judges of the Supreme People's Court, which shall be responsible for the examination of the professional capacities of the candidates for judges.

第十七條   初任法官一般到基層人民法院任職。上級人民法院法官一般逐級遴選；最高人民法院和高級人民法院法官可以從下兩級人民法院遴選。參加上級人民法院遴選的法官應當在下級人民法院擔任法官一定年限，並具有遴選職位相關工作經曆。

Article 17 Judges to be appointed for the first time shall generally be appointed by the grassroots people's courts. Judges of people's courts at higher levels are generally selected level by level; and the Supreme People's Court and higher people's courts may select judges from people's courts at lower levels. The judges selected by the people's courts at a higher level shall have served as judges of the people's courts at a lower level for a certain number of years and have relevant working experience in post selection.

第四章 法官的任免

Chapter 4 Appointment and Removal of Judges

第十八條   法官的任免，依照憲法和法律規定的任免權限和程序辦理。

Article 18 A judge shall be appointed or removed in accordance with the limit of authority for, and procedures of, appointment or removal as prescribed by the Constitution and laws.

最高人民法院院長由全國人民代表大會選舉和罷免，副院長、審判委員會委員、庭長、副庭長和審判員，由院長提請全國人民代表大會常務委員會任免。

The President of the Supreme People's Court shall be elected or removed by the National People 's Congress. The vice-presidents, members of the judicial committee, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the Standing Committee of the National People's Congress upon the recommendation of the president of the Supreme People's Court.

最高人民法院巡回法庭庭長、副庭長，由院長提請全國人民代表大會常務委員會任免。

The chief judges and associate chief judges of circuit courts of the Supreme People's Court shall be appointed or removed by the Standing Committee of the National People's Congress upon the recommendation of the presidents of the Supreme People's Court.

地方各級人民法院院長由本級人民代表大會選舉和罷免，副院長、審判委員會委員、庭長、副庭長和審判員，由院長提請本級人民代表大會常務委員會任免。

The presidents of the local People's Courts at various levels shall be elected or removed by the people's congresses at the corresponding levels. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people's congresses at the corresponding levels upon the recommendations of the presidents.

在省、自治區內按地區設立的和在直轄市內設立的中級人民法院的院長，由省、自治區、直轄市人民代表大會常務委員會根據主任會議的提名決定任免，副院長、審判委員會委員、庭長、副庭長和審判員，由高級人民法院院長提請省、自治區、直轄市人民代表大會常務委員會任免。

The appointment or removal of the presidents of the Intermediate People's Courts set up in prefectures of the provinces or autonomous regions or set up in the municipalities directly under the Central Government shall be decided on by the standing committees of the people's congresses of the provinces, autonomous regions or municipalities directly under the Central Government on the basis of the nominations made by the respective councils of chairmen. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people's congresses of the provinces, autonomous regions or municipalities directly under the Central Government upon the recommendations of the presidents of the Higher People's Courts.

新疆生產建設兵團各級人民法院、專門人民法院的院長、副院長、審判委員會委員、庭長、副庭長和審判員，依照全國人民代表大會常務委員會的有關規定任免。

Presidents, vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges of the People's Courts and Special People's Courts at various levels in the Xinjiang Production and Construction Corps shall be appointed or removed in accordance with the relevant provisions of the Standing Committee of the National People's Congress.

第十九條   法官在依照法定程序產生後，在就職時應當公開進行憲法宣誓。

Article 19 After a judge has been appointed according to legal procedures, he or she shall publicly swear under the Constitution when he or she takes office.

第二十條   法官有下列情形之一的，應當依法提請免除其法官職務：

Article 20 If a judge is found to be in any of the following circumstances, a report shall be submitted according to law concerning the removal of his or her post:

（一）喪失中華人民共和國國籍的；

1. having forfeited the nationality of the People's Republic of China;

（二）調出所任職人民法院的；

2. having been transferred out of the people's court where he or she works;

（三）職務變動不需要保留法官職務的，或者本人申請免除法官職務經批準的；

(III) there is no need to retain the post of a judge due to a change of post, or the application submitted by the person for removal of the post is approved;

（四）經考核不能勝任法官職務的；

(IV) being incompetent for the post of judge through appraisal;

（五）因健康原因長期不能履行職務的；

(V) being unable to perform the functions and duties of a public procurator for a long period of time due to poor health;

（六）退休的；

(VI) having retired from the post;

（七）辭職或者依法應當予以辭退的；

(VII) He resigns or shall be dismissed according to law;

（八）因違紀違法不宜繼續任職的。

(VIII) being unsuitable to continue to hold the post because of violation of discipline or law.

第二十一條   發現違反本法規定的條件任命法官的，任命機關應當撤銷該項任命；上級人民法院發現下級人民法院法官的任命違反本法規定的條件的，應當建議下級人民法院依法提請任命機關撤銷該項任命。

Article 21 If the people's court at a higher level discovers that the appointment of a judge made in violation of the provisions of this Law, it shall revoke that appointment. If the people's court at a higher level discovers that the appointment of a judge made in a people's court at a lower level is in violation of the provisions of this Law, it shall suggest to the people's court at a lower level that the appointing organ revoke that appointment in accordance with law.

第二十二條   法官不得兼任人民代表大會常務委員會的組成人員，不得兼任行政機關、監察機關、檢察機關的職務，不得兼任企業或者其他營利性組織、事業單位的職務，不得兼任律師、仲裁員和公證員。

Article 22 No judges may concurrently be members of the standing committees of the people's congresses, or hold posts in administrative organs, supervisory organs or procuratorial organs, or hold posts in enterprises or other profit-making organizations or institutions, or serve as lawyers, arbitrators, or notaries.

第二十三條   法官之間有夫妻關系、直系血親關系、三代以內旁系血親以及近姻親關系的，不得同時擔任下列職務：

Article 23 Judges who are connected by husband-wife relationship, or who are directly related by blood, collateral related within three generations, or closely related by marriage may not, at the same time, hold the following posts:

（一）同一人民法院的院長、副院長、審判委員會委員、庭長、副庭長；

1. the president, vice-presidents, members of the judicial committee, chief judges and associate chief judges of divisions in the same People's Court;

（二）同一人民法院的院長、副院長和審判員；

(II) The president, vice-presidents or judges of the same People's Court; or

（三）同一審判庭的庭長、副庭長、審判員；

3. the chief judge, associate chief judges and judges of the same division; and

（四）上下相鄰兩級人民法院的院長、副院長。

(IV) Presidents or vice-presidents of the People's Courts at the levels next to each other.

第二十四條   法官的配偶、父母、子女有下列情形之一的，法官應當實行任職回避：

Article 24 If the spouse, parents or children of a judge are in any of the following circumstances, the judge shall be asked to withdraw from a post:

（一）擔任該法官所任職人民法院轄區內律師事務所的合夥人或者設立人的；

1. he or she serves as a partner or founder of a law firm within the jurisdiction of the people's court where the judge serves;

（二）在該法官所任職人民法院轄區內以律師身份擔任訴訟代理人、辯護人，或者為訴訟案件當事人提供其他有償法律服務的。

(II) He/she acts as an agent ad litem or defender as a lawyer within the jurisdiction of the people's court where the judge serves, or provides any other paid legal service to any party to the relevant litigation case.

第五章 法官的管理

Chapter 5 Administration of Judges

第二十五條   法官實行員額制管理。法官員額根據案件數量、經濟社會發展情況、人口數量和人民法院審級等因素確定，在省、自治區、直轄市內實行總量控制、動態管理，優先考慮基層人民法院和案件數量多的人民法院辦案需要。

Article 25 The quota system applies to judges. The quota of judges shall be determined according to the factors such as the number of cases, economic and social development, population size and trial level of the people's courts, and the total quantity control and dynamic management shall be implemented in provinces, autonomous regions and municipalities directly under the Central Government with the priority given to the needs of the basic people's courts and the people's courts with a large number of cases to handle cases.

法官員額出現空缺的，應當按照程序及時補充。

If there is a vacancy in the post of a judge, it shall be replenished in time according to the procedures.

最高人民法院法官員額由最高人民法院商有關部門確定。

The quota of judges of the Supreme People's Court shall be determined by the Supreme People's Court through consultation with other relevant departments.

第二十六條   法官實行單獨職務序列管理。

Article 26 Judges shall be administered by independent post order.

法官等級分為十二級，依次為首席大法官、一級大法官、二級大法官、一級高級法官、二級高級法官、三級高級法官、四級高級法官、一級法官、二級法官、三級法官、四級法官、五級法官。

Judges are divided into twelve grades, namely, chief justice, senior judge of first grade, senior judge of second grade, senior judge of second grade, senior judge of third grade, senior judge of fourth grade, judge of first grade, judge of second grade, judge of third grade, judge of fourth grade, judge of fourth grade and judge of fifth grade.

第二十七條   最高人民法院院長為首席大法官。

Article 27 The President of the Supreme People's Court is the Chief Justice.

第二十八條   法官等級的確定，以法官德才表現、業務水平、審判工作實績和工作年限等為依據。

Article 28 Grades of judges shall be determined on the basis of their political integrity and ability, their professional competence, their achievements in judicial work, their seniority, etc.

法官等級晉升采取按期晉升和擇優選升相結合的方式，特別優秀或者工作特殊需要的一線辦案崗位法官可以特別選升。

Promotion of the grades of judges shall be conducted in a combination of regular promotion and selective promotion, and judges on first-line case-handling posts who are particularly excellent or need special work may be specially selected for promotion.

第二十九條   法官的等級設置、確定和晉升的具體辦法，由國家另行規定。

Article 29 Specific measures for the establishment and determination of the grades and for the promotion of judges shall be formulated separately by the State.

第三十條   初任法官實行統一職前培訓制度。

Article 30 The system of uniform pre-job training shall be applied to persons to be appointed judges for the first time.

第三十一條   對法官應當有計劃地進行政治、理論和業務培訓。

Article 31 Political, theoretical and professional training for judges shall be carried out in a planned way.

法官的培訓應當理論聯系實際、按需施教、講求實效。

The training of judges shall be based on theory and practice, teach judges in light of the needs, and be practical in results.

第三十二條   法官培訓情況，作為法官任職、等級晉升的依據之一。

Article 32 The training of judges shall be taken as one of the bases for their appointment and promotion.

第三十三條   法官培訓機構按照有關規定承擔培訓法官的任務。

Article 33 Institutions for training judges shall, in accordance with the relevant regulations, undertake the task of training judges.

第三十四條   法官申請辭職，應當由本人書面提出，經批準後，依照法律規定的程序免除其職務。

Article 34 A judge who wishes to apply for resignation shall submit an application in writing by himself or herself and shall be removed in accordance with the procedures as provided by law after approval is obtained.

第三十五條   辭退法官應當依照法律規定的程序免除其職務。

Article 35 A judge who is dismissed shall be removed from the post in accordance with the procedures as provided by law.

辭退法官應當按照管理權限決定。辭退決定應當以書面形式通知被辭退的法官，並列明作出決定的理由和依據。

The decision to dismiss a judge shall be made within the scope of authorized administration. The dismissed judge shall be notified in writing of the decision of dismissal, which shall state the reasons and basis of the decision.

第三十六條   法官從人民法院離任後兩年內，不得以律師身份擔任訴訟代理人或者辯護人。

Article 36 A former judge may not be the law agent or the defender as a lawyer within 2 years after he left his post from the People's Court.

法官從人民法院離任後，不得擔任原任職法院辦理案件的訴訟代理人或者辯護人，但是作為當事人的監護人或者近親屬代理訴訟或者進行辯護的除外。

A former judge may not be the law agent or the defender in the cases handled by the court he or she belonged to, unless he or she acts as the guardian or close relative of the parties to the case.

法官被開除後，不得擔任訴訟代理人或者辯護人，但是作為當事人的監護人或者近親屬代理訴訟或者進行辯護的除外。

After a judge has been removed, he or she may not act as an agent ad litem or defender, except where he or she serves as the guardian or a close relative of a party to an action, or acts as an agent ad litem or defender.

第三十七條   法官因工作需要，經單位選派或者批準，可以在高等學校、科研院所協助開展實踐性教學、研究工作，並遵守國家有關規定。

Article 37. A judge may, if required by work and assigned or approved by a unit, assist in practical teaching and research work in a higher education institution or scientific research institute and shall abide by the relevant State regulations.

第六章 法官的考核、獎勵和懲戒

Chapter 6 Appraisal, Reward and Punishment of Judges

第三十八條   人民法院設立法官考評委員會，負責對本院法官的考核工作。

Article 38 A People's Court shall set up a commission for examination and assessment of judges which is responsible for the assessment of judges of the court.

第三十九條   法官考評委員會的組成人員為五至九人。

Article 39 The number of persons on a commission for examination and assessment of judges shall be five to nine.

法官考評委員會主任由本院院長擔任。

The chairman of a commission for examination and assessment of judges shall be assumed by the president of the court it belongs to.

第四十條   對法官的考核，應當全面、客觀、公正，實行平時考核和年度考核相結合。

Article 40 The appraisal of judges shall be comprehensive, objective and fair, and shall be conducted in combination with routine appraisal and annual appraisal.

第四十一條   對法官的考核內容包括：審判工作實績、職業道德、專業水平、工作能力、審判作風。重點考核審判工作實績。

Article 41 The appraisal of judges shall include their achievements in judicial work, their professional ethics, their professional competence, their ability to work and their style of work. However, emphasis shall be laid on their achievements in judicial work.

第四十二條   年度考核結果分為優秀、稱職、基本稱職和不稱職四個等次。

Article 42 The results of the annual appraisal shall fall into four grades: excellent, competent, basically competent and incompetent.

考核結果作為調整法官等級、工資以及法官獎懲、免職、降職、辭退的依據。

The result of appraisal shall be taken as the basis for adjustment of the grade or salary of a judge and the award, punishment, removal, demotion or dismissal of the judge.

第四十三條   考核結果以書面形式通知法官本人。法官對考核結果如果有異議，可以申請複核。

Article 43 The judge himself or herself shall be informed of the result of the appraisal in writing. If the judge disagrees with the result, he or she may apply for a review.

第四十四條   法官在審判工作中有顯著成績和貢獻的，或者有其他突出事跡的，應當給予獎勵。

Article 44 Judges who have made significant achievements and contributions in judicial work, or performed other outstanding deeds shall be rewarded.

第四十五條   法官有下列表現之一的，應當給予獎勵：

Article 45 Judges who have any of the following achievements to their credit shall be rewarded:

（一）公正司法，成績顯著的；

1. Having achieved notable successes in judicial justice;

（二）總結審判實踐經驗成果突出，對審判工作有指導作用的；

2. having accumulated rich experience in judicial practice that may serve as a guide in judicial work;

（三）在辦理重大案件、處理突發事件和承擔專項重要工作中，做出顯著成績和貢獻的；

(III) Those who have made remarkable achievements and contributions in handling major cases and emergencies or undertaken important special work;

（四）對審判工作提出改革建議被采納，效果顯著的；

(IV) Having made proposals for the reform of judicial work that have been adopted and produced remarkable results;

（五）提出司法建議被采納或者開展法治宣傳、指導調解組織調解各類糾紛，效果顯著的；

(V) Having made judicial proposals that have been adopted, and have produced remarkable results, or having conducted publicity on the rule of law or guided mediation organizations to mediate various disputes;

（六）有其他功績的。

(VI) having performed other meritorious deeds.

法官的獎勵按照有關規定辦理。

Judges shall be rewarded in accordance with the relevant regulations.

第四十六條   法官有下列行為之一的，應當給予處分；構成犯罪的，依法追究刑事責任：

Article 46 A judge who has committed any of the following acts shall be given sanctions; if the case constitutes a crime, he or she shall be investigated for criminal responsibility in accordance with law:

（一）貪汙受賄、徇私舞弊、枉法裁判的；

(1) having committed embezzlement, accepted bribes, done malpractice for personal benefits, and perverted the law in making judgment;

（二）隱瞞、偽造、變造、故意損毀證據、案件材料的；

2. Where the evidence or case materials are concealed, forged, altered or damaged on purpose;

（三）泄露國家秘密、審判工作秘密、商業秘密或者個人隱私的；

(III) Divulging any state secret, trial secret, commercial secret or personal privacy;

（四）故意違反法律法規辦理案件的；

(IV) Intentionally handling a case in violation of laws and regulations;

（五）因重大過失導致裁判結果錯誤並造成嚴重後果的；

(V) causing serious consequences and wrong judgment results due to gross negligence;

（六）拖延辦案，贻誤工作的；

(VI) To delay the handling of a case so as to affect the work adversely;

（七）利用職權為自己或者他人謀取私利的；

(VII) Seeking personal gains for himself or for others by taking advantage of his position;

（八）接受當事人及其代理人利益輸送，或者違反有關規定會見當事人及其代理人的；

(VIII) Where the adjudicating personnel accept the transfer of benefits from the parties to the case or their agents, or meet with the parties to the case or their agents in violation of the relevant provisions;

（九）違反有關規定從事或者參與營利性活動，在企業或者其他營利性組織中兼任職務的；

(IX) he/she engages in or participates in profit-making activities in violation of the relevant provisions, or holds a concurrent post in an enterprise or any other profit-making organization;

（十）有其他違紀違法行為的。

10. Having any other disciplinary breach or law.

法官的處分按照有關規定辦理。

Judges shall be punished in accordance with the relevant regulations.

第四十七條   法官涉嫌違紀違法，已經被立案調查、偵查，不宜繼續履行職責的，按照管理權限和規定的程序暫時停止其履行職務。

Article 47 Where a judge is suspected of being involved in violations of discipline and laws and has been placed on file for investigation or investigation, making it inappropriate for him or her to continue to perform his or her duties, the judge shall be temporarily suspended from performing his or her duties within the limits of his or her administrative authority and according to the prescribed procedures.

第四十八條   最高人民法院和省、自治區、直轄市設立法官懲戒委員會，負責從專業角度審查認定法官是否存在本法第四十六條第四項、第五項規定的違反審判職責的行為，提出構成故意違反職責、存在重大過失、存在一般過失或者沒有違反職責等審查意見。法官懲戒委員會提出審查意見後，人民法院依照有關規定作出是否予以懲戒的決定，並給予相應處理。

Article 48 The Supreme People's Court and the disciplinary committee for judges in each province, autonomous region and municipality directly under the Central Government shall set up a judge disciplinary committee to be responsible for examining and determining from a professional perspective whether a judge has committed any of the violations of his or her judicial duties as specified in Items 4 and 5 of Article 46 of this Law, and put forward examination opinions on whether the judge has intentionally violated his or her duties, has gross negligence, has general fault or has not violated his or her duties. After the judge disciplinary committee puts forward review opinions, the people's court shall decide on whether to impose punishments in accordance with the relevant provisions and accordingly handle the case.

法官懲戒委員會由法官代表、其他從事法律職業的人員和有關方面代表組成，其中法官代表不少於半數。

A judge disciplinary committee shall be composed of judge representatives, other personnel engaged in the legal profession and representatives from relevant sectors, in which judge representatives shall be not less than half of the total number.

最高人民法院法官懲戒委員會、省級法官懲戒委員會的日常工作，由相關人民法院的內設職能部門承擔。

The routine work of the disciplinary committee for judges of the Supreme People's Court or the disciplinary committee for judges at the provincial level shall be undertaken by the internal functional department of the relevant people's court.

第四十九條   法官懲戒委員會審議懲戒事項時，當事法官有權申請有關人員回避，有權進行陳述、舉證、辯解。

Article 49 When the disciplinary committee for judges deliberates on disciplinary matters, the judges concerned have the right to apply for the withdrawal of the person concerned, and have the right to make statements, adduce evidence and defend themselves.

第五十條   法官懲戒委員會作出的審查意見應當送達當事法官。當事法官對審查意見有異議的，可以向懲戒委員會提出，懲戒委員會應當對異議及其理由進行審查，作出決定。

Article 50 The examination opinion made by the disciplinary committee for judges shall be delivered to the judge concerned. Any judge concerned who has an objection to the review opinions may raise the objection to the Disciplinary Commission, which shall examine the objection and the reasons therefor and make a decision.

第五十一條   法官懲戒委員會審議懲戒事項的具體程序，由最高人民法院商有關部門確定。

Article 51 The specific procedures for the disciplinary committee to deliberate disciplinary matters shall be determined by the Supreme People's Court through consultation with the relevant departments.

第七章 法官的職業保障

Chapter 7 Occupational Security for Judges

第五十二條   人民法院設立法官權益保障委員會，維護法官合法權益，保障法官依法履行職責。

Article 52 People's courts shall set up a committee for the protection of judges' rights to protect the legitimate rights and interests of judges and to ensure that judges perform their duties in accordance with the law.

第五十三條   除下列情形外，不得將法官調離審判崗位：

Article 53 A judge shall not be transferred from the post of trial except in the following circumstances:

（一）按規定需要任職回避的；

1. Being required to be withdrawn from assuming posts;

（二）按規定實行任職交流的；

(II) practicing the exchange of posts according to the provisions;

（三）因機構調整、撤銷、合並或者縮減編制員額需要調整工作的；

(III) having to be transferred due to restructuring of institutions, cancellation, merger or reduction of size of staff;

（四）因違紀違法不適合在審判崗位工作的；

(IV) he or she is not suitable to work on the trial post due to violation of discipline or law; or

（五）法律規定的其他情形。

(V) Other circumstances stipulated by the law arise.

第五十四條   任何單位或者個人不得要求法官從事超出法定職責範圍的事務。

Article 54 No entity or individual may require any judge to engage in any affairs beyond the scope of his/her statutory functions and duties.

對任何幹涉法官辦理案件的行為，法官有權拒絕並予以全面如實記錄和報告；有違紀違法情形的，由有關機關根據情節輕重追究有關責任人員、行為人的責任。

. A judge has the right to refuse, completely record and report any interference with the handling of a case by a judge. In the event of a violation of discipline or law, the relevant authority shall, depending on the seriousness of the case, investigate the liability of the person responsible and the perpetrator.

第五十五條   法官的職業尊嚴和人身安全受法律保護。

Article 55 The professional dignity and personal safety of judges shall be protected by law.

任何單位和個人不得對法官及其近親屬打擊報複。

No unit or individual may retaliate against judges or their close relatives.

對法官及其近親屬實施報複陷害、侮辱誹謗、暴力侵害、威脅恐嚇、滋事騷擾等違法犯罪行為的，應當依法從嚴懲治。

Any judge or his close relative who commits any illegal or criminal act such as retaliation, frame-up, insult or slander, violence, intimidation or harassment shall be severely punished in accordance with the law.

第五十六條   法官因依法履行職責遭受不實舉報、誣告陷害、侮辱誹謗，致使名譽受到損害的，人民法院應當會同有關部門及時澄清事實，消除不良影響，並依法追究相關單位或者個人的責任。

Article 56 Where a judge is falsely reported, maliciously accused, framed or insulted or defamed when performing his duties according to the law, causing damage to his reputation, the people's court shall, in concert with the relevant departments, clarify the facts in a timely manner to eliminate adverse effects, and hold the relevant entities or individuals liable according to the law.

第五十七條   法官因依法履行職責，本人及其近親屬人身安全面臨危險的，人民法院、公安機關應當對法官及其近親屬采取人身保護、禁止特定人員接觸等必要保護措施。

Article 57 Where the personal safety of a judge and his or her close relatives is threatened due to the judge's performance of his or her duties according to the law, the people's court and the public security organ shall take necessary protective measures against the judge and his or her close relatives, such as personal protection and prohibiting certain persons from contacting the judge.

第五十八條   法官實行與其職責相適應的工資制度，按照法官等級享有國家規定的工資待遇，並建立與公務員工資同步調整機制。

Article 58 A salary system commensurate with the functions and duties of judges shall be carried out. Judges shall, in accordance with their grades, enjoy the salaries as prescribed by the State, and a mechanism of adjustment shall be established at the same time as the salaries of public servants.

法官的工資制度，根據審判工作特點，由國家另行規定。

The salary system regarding judges shall, in light of the characteristics of judicial work, be formulated separately by the State.

第五十九條   法官實行定期增資制度。

Article 59 The system under which the salaries of judges are increased regularly shall be practiced.

經年度考核確定為優秀、稱職的，可以按照規定晉升工資檔次。

The salary grade of a public procurator who has been confirmed through annual appraisal as being excellent or competent may be raised in accordance with relevant provisions.

第六十條   法官享受國家規定的津貼、補貼、獎金、保險和福利待遇。

Article 60 Judges shall enjoy allowances, subsidies, bonuses, insurance and welfare benefits as prescribed by the State.

第六十一條   法官因公致殘的，享受國家規定的傷殘待遇。法官因公犧牲、因公死亡或者病故的，其親屬享受國家規定的撫恤和優待。

Article 61 A judge who is disabled while performing his or her duties shall enjoy the benefits for the injured and disabled as prescribed by the State. If a judge dies at his or her post or dies from his or her work-related death or illness, his or her relatives may enjoy pensions and preferential treatment prescribed by the State.

第六十二條   法官的退休制度，根據審判工作特點，由國家另行規定。

Article 62 The retirement system regarding judges shall, in light of the characteristics of judicial work, be formulated separately by the State.

第六十三條   法官退休後，享受國家規定的養老金和其他待遇。

Article 63 After retirement judges shall enjoy the pension and other benefits as prescribed by the State.

第六十四條   對於國家機關及其工作人員侵犯本法第十一條規定的法官權利的行為，法官有權提出控告。

Article 64 If a State organ or any of its functionaries commits an act infringing upon the rights of a judge as provided by Article 11 of this Law, the judge shall have the right to make a complaint.

第六十五條   對法官處分或者人事處理錯誤的，應當及時予以糾正；造成名譽損害的，應當恢複名譽、消除影響、賠禮道歉；造成經濟損失的，應當賠償。對打擊報複的直接責任人員，應當依法追究其責任。

Article 65 Where a sanction or wrong personnel treatment given to a judge is dealt with, it shall be put right without delay; if it has damaged the judge's reputation, his or her reputation shall be rehabilitated, the ill effects shall be eliminated and an apology shall be made; if it has caused financial losses to the judge, compensations shall be made. The persons who are directly responsible for retaliation shall be investigated for responsibility according to law.

第八章 附 則

Chapter 8 Supplementary Provisions

第六十六條   國家對初任法官實行統一法律職業資格考試制度，由國務院司法行政部門商最高人民法院等有關部門組織實施。

Article 66 The State institutes a uniform legal professional qualification examination system for persons to be appointed judges for the first time, and the judicial administration department under the State Council shall, after consultation with the Supreme People's Court and other relevant departments, organize the implementation of the said system.

第六十七條   人民法院的法官助理在法官指導下負責審查案件材料、草擬法律文書等審判輔助事務。

Article 67 Judge assistants of a people's court shall, under the direction of judges, be responsible for reviewing case files, drafting legal documents and other assistant affairs.

人民法院應當加強法官助理隊伍建設，為法官遴選儲備人才。

People's courts shall strengthen the building of judge assistant teams to select and reserve talents for judges.

第六十八條   有關法官的權利、義務和管理制度，本法已有規定的，適用本法的規定；本法未作規定的，適用公務員管理的相關法律法規。

Article 68 Where this Law has already provided for the rights and obligations of judges and the administrative system regarding judges, the provisions of this Law shall apply; otherwise, the laws and regulations governing the administration of public servants shall apply.

第六十九條   本法自2019年10月1日起施行。

Article 69 This Law shall come into force as of October 1, 2019.