With a view to safeguarding judicial justice and integrity, and preventing conflicts between the personal interests of leaders and judges of people's courts and public interests, these Provisions are formulated in accordance with the Law of the People's Republic of China on Public Servants, the Judges Law of the People's Republic of China and the Certain Rules on Clean Government Applicable to Leaders and Cadres Who Are CPC Members.
為維護(hù)司法公正和司法廉潔，防止法院領(lǐng)導(dǎo)干部及法官私人利益與公共利益發(fā)生沖突，依照《中華人民共和國公務(wù)員法》、《中華人民共和國法官法》和《中國共產(chǎn)黨黨員領(lǐng)導(dǎo)干部廉潔從政若干準(zhǔn)則》，制定本規(guī)定。
Article 1 Leaders and judges holding judgment or enforcement positions of people's courts shall practice abstention if their spouses or offspring engage in the profession of lawyer within the jurisdiction of the said people's courts.
For the purpose of these Provisions, "leaders of people's courts" shall refer to members of the leadership teams and full time members of the judicial committees of people's courts at all levels.
For the purpose of these Provisions, "judges holding judgment or enforcement positions" shall refer to members of the judicial committees who do not hold the position of court-level leaders, as well as judges and enforcement officers engaging in judgment or enforcement operations in case-initiation, judgment, enforcement, judicial supervision, State compensation and other departments.
For the purpose of these Provisions, "engaging in the profession of lawyer" shall refer to the situation where a person opens a law firm, or acts as an agent in lawsuits or provides other paid legal services for parties in the capacity of a lawyer.
For the purpose of these Provisions, "leaders of people's courts" shall refer to members of the leadership teams and full time members of the judicial committees of people's courts at all levels.
For the purpose of these Provisions, "judges holding judgment or enforcement positions" shall refer to members of the judicial committees who do not hold the position of court-level leaders, as well as judges and enforcement officers engaging in judgment or enforcement operations in case-initiation, judgment, enforcement, judicial supervision, State compensation and other departments.
For the purpose of these Provisions, "engaging in the profession of lawyer" shall refer to the situation where a person opens a law firm, or acts as an agent in lawsuits or provides other paid legal services for parties in the capacity of a lawyer.
第一條 人民法院領(lǐng)導(dǎo)干部和審判、執(zhí)行崗位法官,其配偶、子女在其任職法院轄區(qū)內(nèi)從事律師職業(yè)的,應(yīng)當(dāng)實(shí)行任職回避。
本規(guī)定所稱法院領(lǐng)導(dǎo)干部,是指各級人民法院的領(lǐng)導(dǎo)班子成員及審判委員會專職委員。
本規(guī)定所稱審判、執(zhí)行崗位法官,是指各級人民法院未擔(dān)任院級領(lǐng)導(dǎo)職務(wù)的審判委員會委員以及在立案、審判、執(zhí)行、審判監(jiān)督、國家賠償?shù)炔块T從事審判、執(zhí)行工作的法官和執(zhí)行員。
本規(guī)定所稱從事律師職業(yè),是指開辦律師事務(wù)所、以律師身份為案件當(dāng)事人提供訴訟代理或者其他有償法律服務(wù)。
Article 3 People's courts may not consider persons having the conditions on abstention when filling up judgment or enforcement positions with additional staff members.
When filling up positions other than judgment or enforcement with additional staff members, people's courts shall explain relevant contents hereof to the persons to be appointed.
When filling up positions other than judgment or enforcement with additional staff members, people's courts shall explain relevant contents hereof to the persons to be appointed.
Article 4 A leader or a judge holding judgment or enforcement positions of a people's court who has the conditions on abstention prior to the implementation hereof shall voluntarily apply for abstention within six months upon the implementation hereof. The people's court shall, within twelve months upon the implementation hereof, change his/her duties or adjust his/her position according to relevant procedures.
Article 5 A leader or a judge holding judgment or enforcement positions of a people's court who did not satisfy the conditions of abstention prior to the implementation of these regulations but meet the conditions upon implementation hereof shall voluntarily apply for abstention within one month thereafter. The people's court shall, within six months upon expiration of the application term, change his/her duties or adjust his/her position according to relevant procedures.
Article 6 Where a leader or a judge holding the judgment or enforcement positions of a people's court who falls under the conditions on abstention fails to voluntarily apply for abstention within the period specified above, the people's court shall, within six months upon expiration of the application term, dismiss him/her from the leadership position or transfer him/her to position other than judgment or enforcement according to relevant procedures.
Article 7 Where the authority for appointment and dismissal is not vested in the people's court for which a leader or a judge holding judgment or enforcement positions to whom abstention is applicable works, the people's court may suggest that the organs having the appointment and dismissal authority to change the position of, or dismiss the said leader or judge.
Article 8 With regard to a leader who resigns from the current position or a judge who quits judgment or enforcement positions as his/her spouse or offspring engages in the professional of lawyer, a new position at the same level and offering the same benefits shall be arranged to the extent possible, provided that Articles 2 and 3 herein may not be violated.
Article 9 A leader or a judge holding judgment or enforcement positions of a people's court who satisfies the conditions on abstention shall be criticized, punished by Party organizations or be given disciplinary sanctions, as the case may be, under any of the following circumstances:
(1) Concealing the information that his/her spouse or offspring engages in the profession of lawyer;
(2) Circumventing abstention by practicing fraud;
(3) Refusing to follow organizational adjustments or to do proper handover; or
(4) Committing other violations of the provisions on abstention.
(1) Concealing the information that his/her spouse or offspring engages in the profession of lawyer;
(2) Circumventing abstention by practicing fraud;
(3) Refusing to follow organizational adjustments or to do proper handover; or
(4) Committing other violations of the provisions on abstention.
Article 10 In the event that a leader or a judge holding judgment or enforcement positions of a people's court is not required to abstain as his/her spouse or offspring does not work within the area restricted hereunder, if his/her spouse or offspring engages in the profession of lawyer within the areas restricted hereunder by acting as an agent in lawsuits in a disguised form, he/she shall be ordered to resign from the leadership position or be transferred to positions other than judgment or enforcement. Where the said leader or judge is aware of the relevant circumstances in violation, he/she shall also be given corresponding disciplinary sanctions.
