Release date: 2001-10-18
Implementation date: 2001-10-18.
foreword
It is an important condition for ruling the country according to law and building a socialist country ruled by law to cultivate a team of judges who are politically firm, professionally proficient, fine in style, honest and virtuous, and an important guarantee for the people's courts to perform their constitutional and legal duties. Judges have good professional ethics, which is very important to ensure judicial justice and safeguard the dignity of the rule of law in the country. In order to standardize and improve the professional ethics of judges, improve the professional ethics quality of judges, and maintain the good image of judges and people's courts, this Code is formulated in accordance with the Judges Law of People's Republic of China (PRC) and other relevant provisions of the state.
I. Ensuring judicial justice
Article 1 When performing their duties, a judge should earnestly achieve substantive justice and procedural justice, show justice through words and deeds inside and outside the court, and avoid the public from having reasonable doubts about judicial justice.
Article 2 A judge shall be loyal to the Constitution and laws, uphold and safeguard the principle of judicial independence, and shall not be interfered by any administrative organ, social organization or individual, and shall not be influenced by laws.
Article 3 In judicial activities, a judge should not only consciously abide by the legal challenge system, but also make a request not to hear a case if he thinks that the public may have reasonable doubts about the fair judgment of the case.
Article 4 A judge should resist the parties and their agents, defenders or outsiders using various social relations to intercede, and handle them in accordance with relevant regulations.
Article 5 A judge shall not, against the will of the parties, force the parties to withdraw the lawsuit or accept mediation by improper means.
Article 6 A judge should try a case openly and objectively, and consciously accept public supervision. However, unless the law stipulates that the trial is closed or can be held in public.
Article 7 A judge should think independently and make independent judgments in judicial activities, and dare to stick to correct opinions.
Article 8 During the trial, a judge may not meet the parties and their agents in private.
Article 9 A judge should avoid subjective prejudice, abuse of power and neglect of the law in judicial activities.
Article 10 A judge shall treat the parties and other participants equally when performing his duties, and shall not show any discrimination by words and deeds, and shall be obliged to stop and correct any discriminatory words and deeds of participants and other personnel.
A judge should pay full attention to the differences that may arise due to the nationality, race, sex, occupation, religious belief, education level, health status and place of residence of the parties and other participants in the proceedings, so as to ensure that all parties in the proceedings exercise their litigation rights and substantive rights equally and fully.
Article 11 A judge should remain neutral when trying a case.
Before a judgment is pronounced, a judge shall not express his views or attitudes towards the judgment through words, expressions or actions.
Judges should mediate cases according to law, pay attention to words and deeds carefully, and avoid the parties and other participants in the proceedings from having reasonable doubts about their impartiality.
Article 12 A judge shall explain the reasons for measures and judgments involving the substantive rights and litigation rights of the parties in accordance with the law, and avoid making subjective and one-sided conclusions or taking measures.
Article 13 A judge shall respect other judges' independent exercise of judicial power and do the following:
(a) except to perform judicial duties or through due process, not to comment on cases being tried by other judges, and not to make suggestions and opinions on cases of interest to them;
(2) Not to ask questions or interfere with cases being tried by lower people's courts;
(three) no personal suggestions and opinions shall be made to the people's court at a higher level on the case of second instance.
Article 14 A judge shall not inquire about the trial and related information of cases undertaken by other judges except for performing judicial or administrative duties.
A judge shall not disclose or provide the trial of a case, the contact information of the judge handling the case and other relevant information to the parties or their agents or defenders; Shall not contact or introduce the case-handling judge for the parties or their agents or defenders.
Article 15 A judge should avoid being improperly influenced by the news media and public opinion in the process of hearing a case.
Article 16 A judge shall not make any statement in public or in the news media that impairs the seriousness and authority of an effective judgment. If you think that there is a problem with the effective judgment or trial work, you can reflect it to the president of this court or to the relevant court.
Article 17 If a judge believes that other judges may or have violated the professional ethics of judges, or other legal workers may or have violated the professional ethics, which affects judicial justice, he shall take appropriate measures to report to the relevant departments or organs.
Second, improve judicial efficiency.
Article 18 A judge should be diligent and dedicated, and perform his duties wholeheartedly. Personal affairs, schedules or other behaviors may not affect the normal performance of his duties.
Article 19 A judge shall abide by the time limit for litigation prescribed by law and file a case, try it and make a judgment as soon as possible within the legal time limit.
Article 20 A judge must put an end to carelessness, unreasonable delay or delayed work, complete his work seriously, promptly and effectively, and do the following:
(a) reasonable arrangements for trial affairs, improve the efficiency of litigation;
(two) pay enough attention to the performance of various judicial duties, give the same serious attention to the cases undertaken, and invest reasonable and sufficient time;
(3) On the premise of ensuring the quality of the trial, pay attention to saving the time of the parties and their agents and defenders, and pay attention to the effectiveness of dealing with other judges and other staff.
Article 21 A judge shall supervise the parties to abide by the procedures and time limits in the trial activities, so as to avoid unreasonable or unnecessary delay caused by the participants in the proceedings.
Article 22 A judge shall take effective measures in accordance with the law when executing effective legal documents and execute them as soon as possible.
Third, keep clean and honest.
Article 23 A judge shall not directly or indirectly use his power and position to seek any illegitimate interests when performing his duties.
Article 24 A judge shall not accept hospitality, property or other benefits from the parties, their agents or defenders.
Article 25 A judge shall not participate in commercial activities or other economic activities that may lead to public distrust of his clean image.
Article 26 A judge shall properly handle his personal affairs, and shall not intentionally disclose his identity as a judge in order to obtain special care. A judge shall not use his reputation and influence to seek personal gain for himself, his relatives or others.
Article 27 The lifestyle and standard of living of judges and their families should be commensurate with their posts and incomes.
Article 28 A judge may not concurrently serve as a lawyer and legal adviser to enterprises, institutions or individuals. No consultation or legal advice shall be provided to the parties and their agents or defenders on pending cases.
Article 29 A judge shall truthfully declare his property in accordance with the relevant provisions of the state.
Article 30 A judge must inform his family members of the requirements of the judge's code of conduct and professional ethics, and urge his family members not to violate the relevant provisions.
Fourth, abide by judicial etiquette.
Article 31 A judge shall strictly abide by all judicial etiquette, maintain good appearance and civilized manners, and safeguard the dignity of the people's court and the good image of the judge.
Article 32 A judge shall respect the personal dignity of the parties and other participants in the proceedings, and shall:
(a) seriously and patiently listen to the opinions of the parties and other participants in the proceedings; Except necessary for maintaining court order and trial order, the activities of the parties and other participants in the proceedings shall not be interrupted or stopped at will during the trial;
(two) the use of standardized, accurate and civilized language, and shall not have any unfair admonition or inappropriate words to the parties or other participants in the proceedings.
Article 33 When hearing a case, a judge shall abide by the rules of the court, and supervise all court personnel to abide by the rules of the court, so as to maintain the seriousness of the court and do the following:
(a) in accordance with the relevant provisions of the judge's robe or uniform, wearing badges, and keep clean and tidy;
(two) to appear in court on time, and shall not be absent, late, leave early, and shall not enter or leave at will;
(3) concentrate on the trial and don't do anything unrelated to the trial activities.
Fifth, strengthen self-cultivation.
Article 34 A judge should strengthen his self-cultivation, have good political and professional qualities and conduct, faithfully implement the Constitution and laws, and serve the people wholeheartedly.
Article 35 A judge should have rich social experience and a deep understanding of social reality.
Judges should be loyal to their duties, handle cases impartially, be upright and impartial, have a conscience of punishing evil and promoting good, be honest, kind, modest and prudent and enjoy a good personal reputation.
Article 36 A judge has the right and obligation to receive education and training, establish a good style of study, thoroughly study jurisprudence, master new knowledge, improve various judicial skills such as handling court trials, judging evidence and making judgment documents, and have the necessary knowledge and professional ability to engage in judicial work.
Article 37 In daily life, a judge should be strict with himself, have good conduct, cultivate noble moral conduct and become a model for observing social morality and family virtues.
Intransitive verbs inhibit extracurricular activities.
Article 38 When a judge engages in various off-duty activities, he shall avoid arousing the public's reasonable doubts about the impartiality and integrity of the judge, affecting the normal performance of the judge's duties and adversely affecting the credibility of the people's court.
Article 39 A judge must put an end to bad hobbies and behaviors that violate public interests, public order, social morality and good habits and may affect the image of a judge and the impartial performance of his duties.
Article 40 A judge should be cautious in going out to social occasions, making friends, and dealing with contacts and contacts with parties, lawyers and people who may affect the judge's image, so as to avoid giving the public an unfair or dishonest impression and avoiding troubles and embarrassment that may occur when performing their duties.
Article 41 A judge shall not join a cult organization.
Article 42 A judge shall not disclose or use the non-public trial information, business secrets, personal privacy and other non-public information obtained in the course of trial in off-duty activities.
Article 43 A judge shall not join a profit-making organization or an organization that may use the influence of a judge to make profits.
Article 44 A judge may participate in academic research and other social activities that are conducive to the construction of the legal system and judicial reform. However, these activities should be based on the premise that they comply with the law, do not hinder fair justice and safeguard judicial authority, and do not affect the trial work.
Article 45 A judge should be cautious in publishing articles or accepting media interviews, and should not make inappropriate remarks about specific cases and parties, so as to avoid the public from having reasonable doubts about judicial justice due to improper remarks.
Article 46 A judge should continue to maintain a good image after retirement, so as to avoid making the public have reasonable doubts about judicial justice because of his improper words and deeds.
Supplementary rules
Article 47 People's courts at all levels shall guide and supervise the judges of their own courts to abide by these Standards.
Forty-eighth people's jurors shall abide by these standards when performing their judicial duties according to law. The administrative personnel and bailiffs of the people's courts shall refer to the relevant provisions of this Code.
Article 49 The people's courts shall be responsible for the interpretation of these Standards.
Article 50 These Standards shall come into force as of the date of promulgation.