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Decision of the Standing Committee of the National People's Congress on Amending the Judges Law of the People's Republic of China [Effective]
全国人民代表大会常务委员会关于修改《中华人民共和国法官法》的决定(2001) [现行有效]
【法宝引证码】
 
  
Order of the President of the People's Republic of China
(No.53)
Decision of the Standing Committee of the National People's Congress on Amending the Judges Law of the People's Republic of China has been adopted at the 22nd meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on June 30, 2001, and is hereby promulgated and shall be effective as of the date of Jan.1, 2002.
Jiang Zeming, President of the People's Republic of China
June 30, 2001
Decision of the Standing Committee of the National People's Congress on Amending the Judges Law of the People's Republic of China
(Adopted at the 22nd meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on June 30, 2001)
The 22nd meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China has decided to make the following amendments to the Judges Law of the People's Republic of China:
 

中华人民共和国主席令
(第五十三号)


《全国人民代表大会常务委员会关于修改〈中华人民共和国法官法〉的决定》已由中华人民共和国第九届全国人民代表大会常务委员会第二十二次会议于2001年6月30日通过,现予公布,自2002年1月1日起施行。
中华人民共和国主席 江泽民
2001年6月30日
全国人民代表大会常务委员会关于修改《中华人民共和国法官法》的决定
(2001年6月30日第九届全国人民代表大会常务委员会第二十二次会议通过)
第九届全国人民代表大会常务委员会第二十二次会议决定对《中华人民共和国法官法》作如下修改:
1. Article 1 is amended as follows: “This Law is enacted in accordance with the Constitution in order to enhance the quality of judges, to reinforce the administration 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.”
   一、第一条修改为:“为了提高法官的素质,加强对法官的管理,保障人民法院依法独立行使审判权,保障法官依法履行职责,保障司法公正,根据宪法,制定本法。”
2. The fourth item of Article 7 is amended as follows: “(4) to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of natural persons, legal persons and other organizations;”
The fifth item is amended as follows: “(5) to be honest and clean, faithful in performing their duties, and to abide by discipline and professional ethics”.
   二、第七条第四项修改为:“(四)维护国家利益、公共利益,维护自然人、法人和其他组织的合法权益”。
第五项修改为:“(五)清正廉明,忠于职守,遵守纪律,恪守职业道德”。
3. Article 9 .1 .6 is amended as follows: “(6) to have engaged in the legal work for at least two years in the case of graduates of law major of colleges or universities or of non-law majors of colleges or universities but possessing the professional knowledge of law, and among whom those to assume the posts of judges of superior People's Courts and of the Supreme People's Court shall have engaged in the legal work for at least three years; or to have engaged in the legal work for at least one year in the case of those who have Master's Degree of Law or Doctor's Degree of Law, or those who have Master's Degree or Doctor's Degree of non-law majors but possess the professional knowledge of law, and among whom those to assume the posts of judges of superior People's Courts and of the Supreme People's Court shall have engaged in the legal work for at least two years.”
The second paragraph is amended as follows: “The judicial personnel who do not possess the qualifications as provided by item (6) of the preceding paragraph prior to the implementation of this law shall receive training, the specific measures shall be made by the Supreme People's Court.”
A new paragraph is added after the second paragraph as the third paragraph: “For the places where it is really difficult to apply the academic qualification as provided by the sixth item of the first paragraph, after being examined and determined by the Supreme People's Court, the academic qualification for judges may be eased for a specific period as two-year graduates of law major of colleges and universities.
   三、第九条第一款第六项修改为:“(六)高等院校法律专业本科毕业或者高等院校非法律专业本科毕业具有法律专业知识,从事法律工作满二年,其中担任高级人民法院、最高人民法院法官,应当从事法律工作满三年;获得法律专业硕士学位、博士学位或者非法律专业硕士学位、博士学位具有法律专业知识,从事法律工作满一年,其中担任高级人民法院、最高人民法院法官,应当从事法律工作满二年。”
第二款修改为:“本法施行前的审判人员不具备前款第六项规定的条件的,应当接受培训,具体办法由最高人民法院制定。”
第二款后增加一款,作为第三款:“适用第一款第六项规定的学历条件确有困难的地方,经最高人民法院审核确定,在一定期限内,可以将担任法官的学历条件放宽为高等院校法律专业专科毕业。”
4. Article 12 is amended as follows: “Persons to be appointed as judges for the first time shall be selected through strict appraisal and in accordance with the standards of having both ability and political integrity, and shall be selected from among those who have obtained the qualification through the uniform judicial examination of the state and are best qualified for the post.
“Presidents, vice-presidents of the People's Courts shall be selected from among the judges or among other persons who are best qualified for the post.”
   四、第十二条修改为:“初任法官采用严格考核的办法,按照德才兼备的标准,从通过国家统一司法考试取得资格,并且具备法官条件的人员中择优提出人选。
“人民法院的院长、副院长应当从法官或者其他具备法官条件的人员中择优提出人选。”
5. The seventh item of Article 13 is amended as follows: “(7) having resigned the post or having been dismissed.”
The ninth item is deleted.
   五、第十三条第七项修改为:“(七)辞职或者被辞退的”。
删去第九项。
6. A new article is added after Article 13 as Article 14: “Where a judge is appointed in violation of the qualifications provided by this Law, the organ which made the appointment shall revoke that appointment as soon as being found; where the People's Court at the higher level has found the appointment of judge made by the People's Court at the lower level violates the provisions of this Law, it shall suggest to the People's Court at the lower level that the appointment be revoked according to law, or suggest to the People's Court at the lower level that a motion to revoke the appointment be made to the standing committee at the corresponding level.”
   六、第十三条后增加一条,作为第十四条:“对于违反本法规定的条件任命法官的,一经发现,做出该项任命的机关应当撤销该项任命;上级人民法院发现下级人民法院法官的任命有违反本法规定的条件的,应当建议下级人民法院依法撤销该项任命,或者建议下级人民法院依法提请同级人民代表大会常务委员会撤销该项任命。”
7. A new article is added after Article 15 as Article 17: “A former judge may not be the law agent or the defender as a lawyer within 2 years after he or she left the post from the People's Court.
“A former judge may not be the law agent or the defender in the cases handled by the court he or she belonged to.
“The spouse or children of a judge may not be the law agent or defender in the cases handled by the court that judge belongs to.”
   七、第十五条后增加一条,作为第十七条:“法官从人民法院离任后二年内,不得以律师身份担任诉讼代理人或者辩护人。
“法官从人民法院离任后,不得担任原任职法院办理案件的诉讼代理人或者辩护人。
“法官的配偶、子女不得担任该法官所任职法院办理案件的诉讼代理人或者辩护人。”
8. Article 22 is changed into Article 24, and the second paragraph is amended as follows: “The result of appraisal shall be taken as the basis for award, punishment, training, removal, dismissal of a judge, and for readjustment of his or her grade and salary.
   八、第二十二条改为第二十四条,并将第二款修改为:“考核结果作为对法官奖惩、培训、免职、辞退以及调整等级和工资的依据。”
9. Article 30 is changed into Article 32, and the seventh item is amended as follows: “(7) to abuse powers, and to infringe upon the legitimate rights and interests of natural persons, legal persons or other organizations;”
The ninth item shall be amended as follows: “(9) to delay the handling of a case so as to affect the work adversely;”
   九、第三十条改为第三十二条,并将第七项修改为:“(七)滥用职权,侵犯自然人、法人或者其他组织的合法权益”。
第九项修改为:“(九)拖延办案,贻误工作”。
10. Article 38 is changed into Article 40, and the provisions on “A judge may be dismissed if he or she is found to be in any of the following circumstances” are amended as follows: “A judge shall be dismissed if he or she is found to be in any of the following circumstances”.
   十、第三十八条改为第四十条,其中关于“法官有下列情形之一的,可以予以辞退”的规定修改为:“法官有下列情形之一的,予以辞退”。
11. Article 42 is changed into Article 44 and is amended as follows: “If a judge disagrees with the sanction or handling given to him or her by a People's Court, he or she may, within thirty days from the date of receiving the decision on the sanction or handling, apply for reconsideration to the organ which made the decision of sanction or handling, and shall have the right to appeal to the organ at a level higher than the organ which made the decision.
“The organ that receives the appeal must make a decision on it in accordance with regulations.
“Execution of a decision on a sanction or handling given to a judge shall not be suspended during the period of reconsideration or petition.”
   十一、第四十二条改为第四十四条,修改为:“法官对人民法院关于本人的处分、处理不服的,自收到处分、处理决定之日起三十日内可以向原处分、处理机关申请复议,并有权向原处分、处理机关的上级机关申诉。
“受理申诉的机关必须按照规定作出处理。
“复议和申诉期间,不停止对法官处分、处理决定的执行。”
12. Article 45 is changed into Article 47 and is amended as follows: “Where a sanction or handling given to a judge is wrong, 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.”
   十二、第四十五条改为第四十七条,修改为:“对法官处分或者处理错误的,应当及时予以纠正;造成名誉损害的,应当恢复名誉、消除影响、赔礼道歉;造成经济损失的,应当赔偿。对打击报复的直接责任人员,应当依法追究其责任。”
13. The third paragraph of Article 46 shall be deleted.
   十三、删去第四十六条第三款。
14. Two new articles shall be added after Article 47 as Article 50 and Article 51:
 “Article 50. The Supreme Court shall, jointly with the relevant departments, formulate the measures for the proportion of the specific number of personnel the judges shall occupy in the organization of personnel of the People's Court at all levels.
 “Article 51. The state shall adopt the uniform judicial examinations for judges, procurators to be appointed for the first time and for the acquisition of qualification for lawyers. The administrative departments of justice under the State Council shall, jointly with the Supreme People's Court, the Supreme People's Procuratorate, formulate the measures for the implementation of the judicial examinations, and the judicial authorities under the State Council shall be responsible for the implementation.”
In addition, the order of the clauses shall be adjusted according to this Decision.
This decision shall come into force on Jan.1, 2002.
The Judges Law of the People's Republic of China shall be amended according to this Decision and be promulgated again.
   十四、第四十七条后增加二条,作为第五十条、第五十一条:
“第五十条 最高人民法院根据审判工作需要,会同有关部门制定各级人民法院的法官在人员编制内员额比例的办法。
“第五十一条 国家对初任法官、检察官和取得律师资格实行统一的司法考试制度。国务院司法行政部门会同最高人民法院、最高人民检察院共同制定司法考试实施办法,由国务院司法行政部门负责实施。”
此外,根据本决定对条文顺序作相应调整。
本决定自2002年1月1日起施行。
中华人民共和国法官法》根据本决定作相应修改,重新公布。
     
     
【法宝引证码】        北大法宝www.lawinfochina.com
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