Publication date: 2001-10-18
Implementation date: 2001-10-18
Foreword
Cultivating a team of judges who are politically determined, professionally proficient, have good work style, are honest and honest, and have high moral standards is an important condition for governing the country according to law and building a socialist country under the rule of law. It is also an important guarantee for the people's courts to fulfill their constitutional and legal responsibilities. Judges have good professional ethics, which is crucial to ensuring judicial fairness and maintaining the dignity of the country's rule of law. In order to standardize and improve the professional ethics of judges, improve the professional ethics of judges, and maintain the good image of judges and the people's courts, these norms are formulated in accordance with the "Judges Law of the People's Republic of China" and other relevant national regulations.
1. Ensuring judicial impartiality
Article 1. When performing their duties, judges should earnestly achieve substantive fairness and procedural fairness, demonstrate fairness through words and deeds inside and outside the court, and avoid public suspicion of judicial justice. Fair and reasonable suspicion arises.
Article 2 When performing their duties, judges should be loyal to the Constitution and the law, adhere to and maintain the principle of judicial independence, and be free from interference from any administrative agencies, social groups and individuals, and from being affected by the law.
Article 3: In judicial activities, judges should not only consciously abide by the statutory recusal system, but also if they believe that the public may have reasonable doubts about the fair adjudication of a case, they should make a request not to hear the case.
Article 4: Judges shall resist parties, their agents, defenders or persons outside the case from using various social relations to intercede, and shall handle the matter in accordance with relevant regulations.
Article 5: Judges shall not violate the wishes of the parties and use unfair means to force the parties to withdraw the lawsuit or accept mediation.
Article 6 Judges should hear cases openly and objectively and consciously accept public supervision. However, this is except where the law stipulates that the trial shall be closed or may be conducted in public.
Article 7 Judges should think independently and make independent judgments during trial activities, and dare to insist on correct opinions.
Article 8 During the trial process, the judge shall not meet with the parties and their attorneys in private.
Article 9 Judges should avoid subjective bias, abuse of power and ignorance of the law in judicial activities.
Article 10 When performing their duties, judges shall treat parties and other participants equally, shall not show any discrimination in words or deeds, and shall have the obligation to stop and correct any discriminatory words and deeds of participants and other persons.
Judges should pay full attention to the differences that may arise due to the ethnicity, race, gender, occupation, religious belief, education level, health status, place of residence, etc. of the parties and other litigation participants to ensure the equality of all parties to the litigation. , fully exercise litigation rights and substantive rights.
Article 11 Judges should remain neutral when hearing cases.
Before pronouncing the verdict, the judge shall not express his views or attitude towards the verdict through words, expressions or actions.
Judges should mediate cases in accordance with the law, be careful in their words and deeds, and avoid parties and other litigation participants from raising reasonable doubts about their impartiality.
Article 12 Judges shall explain the reasons in accordance with the law for measures and judgments involving the substantive rights and litigation rights of the parties, and avoid making subjective and one-sided conclusions or taking measures.
Article 13 Judges shall respect the independent exercise of judicial power by other judges and do the following:
(1) Except in the performance of judicial duties or through due process, no judge shall Other judges may not comment on cases being heard by other judges, and may not make suggestions or opinions on cases in which they are interested;
(2) They may not interfere in or interfere with cases being heard by lower people's courts;
(3) No personal suggestions and opinions may be made to the higher people's court regarding the second instance case.
Article 14 Except for performing judicial duties or administrative duties, judges shall not inquire about the trial status and related information of cases handled by other judges.
Judges shall not disclose or provide case trial status, contact information of the judge handling the case and other relevant information to the parties or their agents or defenders; they shall not contact or introduce the judges handling the case for the parties or their agents or defenders.
Article 15 When hearing cases, judges should avoid being unduly influenced by the news media and public opinion.
Article 16: Judges shall not make remarks in public or in the news media that undermine the seriousness and authority of effective judgments.
If you think there are problems with the effective judgment or trial work, you can report it to the president of this court or the relevant court.
Article 17 If a judge, based on the information at his disposal, believes that other judges may or have violated judges’ professional ethics, or that other legal workers may or have violated professional ethics and affected judicial impartiality, they shall take appropriate measures to report them to the judge. Report to relevant departments or agencies.
Second, improve judicial efficiency
Article 18 Judges shall be diligent and dedicated, perform their duties wholeheartedly, and shall not allow personal affairs, schedules or other behaviors to affect the normal performance of their duties.
Article 19 Judges shall abide by the litigation time limit stipulated by law, and file, hear and make judgments as soon as possible within the statutory time limit.
Article 20: Judges must put an end to carelessness, unreasonable procrastination or delays in their work, complete their work conscientiously, timely and effectively, and do the following:
(1) ) Reasonably arrange trial affairs and improve litigation efficiency;
(2) Pay sufficient attention to the performance of various judicial duties, pay the same serious attention to the cases it handles, 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, their agents, and defenders, and pay attention to the effectiveness of dealing with other judges and other staff.
Article 21: Judges shall supervise parties to comply with litigation procedures and various time limits during trial activities, and avoid unreasonable or unnecessary delays caused by litigation participants.
Article 22 When executing effective legal documents, judges shall take effective measures in accordance with the law and execute them as soon as possible.
Third, maintain integrity
Article 23 When performing their duties, judges shall not directly or indirectly exploit their powers and status to seek any improper benefits.
Article 24: Judges shall not accept entertainment, property or other benefits from parties, their agents and defenders.
Article 25: Judges shall not participate in commercial activities or other economic activities that may cause public distrust in their image of integrity.
Article 26 Judges shall properly handle personal affairs and shall not deliberately disclose their identity as judges in order to obtain special favors. A judge shall not use his reputation and influence to seek personal gain for himself, his relatives or others.
Article 27 The lifestyle and living standards of judges and their family members should be commensurate with their duties and income.
Article 28: Judges may not concurrently serve as lawyers and legal advisors to enterprises, institutions, or individuals. Counseling or legal advice may not be provided to parties, their attorneys or defenders in connection with pending cases.
Article 29: Judges shall truthfully declare property in accordance with relevant national regulations.
Article 30: Judges must inform their family members of the requirements for judges’ codes of conduct and professional ethics, and urge their family members not to violate relevant regulations.
Fourth, observe judicial etiquette
Article 31 Judges shall strictly abide by various judicial etiquette, maintain good appearance and civilized manners, and safeguard the dignity of the People's Court and the good reputation of the judges image.
Article 32 Judges shall respect the personal dignity of the parties and other litigation participants and do the following: (1) Listen carefully and patiently to the opinions of the parties and other litigation participants Opinions; Unless necessary to maintain court order and trial order, during the trial process, the activities of the parties and other litigation participants shall not be interrupted or stopped at will;
(2) Use standard, accurate and civilized methods The language shall not contain any unfair admonishment or inappropriate remarks to the parties or other litigation participants.
Article 33 When a judge hears a case in court, he shall abide by the court rules, supervise all court personnel to abide by the court rules, maintain the seriousness of the court, and do the following:
(1) Wear judge robes or uniforms, wear badges, and keep clean and tidy in accordance with relevant regulations;
(2) Appear in court on time, and are not allowed to be absent, late, leave early, or come in and out at will;
(3) Concentrate on the trial and do not do anything irrelevant to the trial activities.
5. Strengthen self-cultivation.
Article 34 Judges should strengthen their self-cultivation, have good political and professional qualities and conduct, faithfully implement the Constitution and laws, and serve the people wholeheartedly.
Article 35 Judges 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 unbiased, have the conscience to punish evil and promote good, be honest, kind, modest and prudent, and enjoy a good personal reputation.
Article 36 Judges have the right and obligation to receive education and training, establish a good academic style, study jurisprudence in depth, master new knowledge, and improve their judicial skills in handling court trials, judging evidence, and producing judgment documents. skills, possessing the necessary knowledge and professional abilities to engage in judicial work.
Article 37 In daily life, judges should be strict with themselves, conduct themselves well, cultivate noble moral conduct, and become a model of observing social ethics and family virtues.
Intransitive verbs inhibit off-campus activities
Article 38: When judges engage in various off-duty activities, they should avoid causing reasonable public doubts about the judge’s impartiality and integrity. Avoid affecting the normal performance of judges' duties and adversely affecting the credibility of the people's courts.
Article 39: Judges must put an end to bad habits and behaviors that violate public interests, public order, social ethics and good habits, and may affect the image of judges and the fair performance of their duties.
Article 40: Judges should be cautious in entering and leaving social situations, making friends carefully, and handling interactions and contacts with parties, lawyers and people who may affect the image of the judge, so as to avoid giving the public an unfair or dishonest impression. , to avoid trouble and embarrassment that may arise when performing your duties.
Article 41: Judges are not allowed to join cult organizations.
Article 42: Judges shall not disclose or use non-public trial information, business secrets, personal privacy and other non-public information obtained during the trial in non-official activities.
Article 43: Judges shall not join for-profit organizations or organizations that may use the judge’s influence to make profits.
Article 44: Judges may participate in academic research and other social activities that are beneficial to the construction of the legal system and judicial reform. However, these activities should be premised on complying with legal provisions, not obstructing impartial administration of justice, maintaining judicial authority, and not affecting trial work.
Article 45: Judges shall be cautious when publishing articles or accepting interviews with the media, and shall not make inappropriate remarks about specific cases or parties, so as to avoid causing the public to have reasonable doubts about judicial impartiality due to improper words.
Article 46: Judges should continue to maintain a good image after retirement and avoid causing the public to have reasonable doubts about judicial impartiality due to their improper words and expressions.
Supplementary Rules
Article 47 The people's courts at all levels shall guide and supervise the judges of their own courts to comply with these guidelines.
Article 48 People's assessors shall abide by these guidelines when performing their trial duties in accordance with the law. The administrative personnel and judicial police of the People's Court shall refer to the relevant provisions of these regulations.
Article 49 The People’s Court is responsible for the interpretation of these Guidelines.
Article 50 This Code shall come into effect from the date of promulgation.