Release date: 20 10- 12-6
Implementation date: 20 10- 12-6
Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts of the People's Liberation Army, and Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:
The revised Basic Code of Professional Ethics for Judges in People's Republic of China (PRC) is hereby printed and distributed to you, please implement it carefully.
the Supreme People's Court
20 10 year16 February
Basic Code of Judges' Professional Ethics in People's Republic of China (PRC) (the Supreme People's Court 200118, revised and reissued on 20 10 65438).
Chapter I General Principles
Article 1 In order to strengthen the construction of judges' professional ethics and ensure judges to correctly perform their duties entrusted by law, these Standards are formulated in accordance with the Judges Law of People's Republic of China (PRC) and other relevant provisions.
Article 2 The core of a judge's professional ethics is fairness, honesty and serving the people. The basic requirements are loyalty to the judicial cause, ensuring judicial justice, ensuring judicial integrity, upholding justice for the people and maintaining judicial image.
Article 3 A judge shall consciously abide by the professional ethics of judges, be strict with himself in his own work and extracurricular activities, and safeguard the image of the people's court and the judicial credibility.
Chapter II Loyal Judicial Cause
Article 4 Firmly establish the concept of socialist rule of law, be loyal to the party, the country, the people and the law, and be builders and defenders of the cause of socialism with Chinese characteristics.
Article 5 Adhere to and safeguard the judicial system in Socialism with Chinese characteristics, conscientiously implement the basic strategy of governing the country according to law, respect and believe in the law, abide by the law in an exemplary manner, strictly enforce the law, and consciously safeguard the authority and dignity of the law.
Article 6 Love the cause of justice, cherish the honor of judges, adhere to professional ethics, abide by judges' conscience, firmly establish the core values of justice, take safeguarding social fairness and justice as their own responsibility, and earnestly perform the duties of judges.
Article 7. Safeguard national interests, observe political discipline, keep state secrets and judicial secrets, and shall not engage in or participate in activities that harm national interests and judicial authority, and shall not make statements that harm national interests and judicial authority.
Chapter III Ensuring Judicial Justice
Article 8 Adhere to and safeguard the people's courts' independent exercise of judicial power according to law, handle cases objectively and fairly, think independently and make independent judgments in judicial activities, and dare to adhere to principles, free from interference by any administrative organ, social organization or individual, and free from the influence of power, human feelings and other factors.
Article 9 Insist on taking facts as the basis and taking law as the criterion, try to find out the facts of a case, accurately grasp the spirit of the law, correctly apply the law, reasonably exercise discretion, avoid subjective assumptions, ultra vires and abuse of power, and ensure the fairness and justice of the case adjudication results.
Tenth firmly establish a sense of procedure, adhere to both substantive justice and procedural justice, execute cases in strict accordance with legal procedures, fully protect the litigation rights of the parties and other litigation participants, and avoid arbitrary behavior in law enforcement.
Eleventh strictly abide by the statutory time limit for handling cases, improve the efficiency of trial execution, resolve disputes in time, pay attention to saving judicial resources, and put an end to dereliction of duty and delay in handling cases.
Twelfth conscientiously implement the principle of judicial openness, respect the people's right to know, and consciously accept legal supervision and social supervision, while avoiding undue influence from the outside world on judicial trials.
Article 13 Consciously abide by the judicial challenge system, maintain a neutral and fair position in the trial of the case, treat the parties and other participants equally, do not favor or discriminate against any party, and may not meet the parties, their agents and defenders without permission.
Fourteenth respect for other judges to exercise their judicial powers according to law, except to perform their duties or through due process, they shall not ask, interfere or comment on the cases being tried by other judges.
Chapter IV Ensuring Judicial Integrity
Fifteenth establish a correct view of power, status and interests, adhere to self-esteem, self-examination, self-alarm, self-encouragement, adhere to the bottom line of honesty, correctly exercise judicial and administrative power according to law, and put an end to abuse power for personal gain and malpractice.
Article 16 Strictly abide by the provisions on clean and honest administration of justice, do not accept guests and gifts from parties and relevant personnel, do not seek illegitimate interests by taking advantage of one's position or as a judge, do not engage in improper communication with parties or other participants in litigation in violation of regulations, and do not practice favoritism and malpractice in law enforcement.
Seventeenth shall not engage in or participate in profit-making business activities, shall not concurrently serve as a legal adviser in enterprises and other profit-making organizations, and shall not provide advice to the parties and other participants in litigation on pending cases or retrial cases.
Eighteenth properly handle personal and family affairs, do not use the status of a judge to seek special interests. According to the provisions, truthfully report personal matters, educate and urge family members not to seek illegitimate interests by taking advantage of the judge's authority and position.
Chapter V Adhering to Justice for the People
Nineteenth firmly establish the concept of people-oriented, justice for the people, strengthen the concept of the masses, attach importance to the demands of the masses, pay attention to the feelings of the masses, and consciously safeguard the legitimate rights and interests of the masses.
Twentieth pay attention to the positive role of the judiciary, actively seek ways to solve disputes that are conducive to the settlement of cases, and strive to achieve the unity of legal effects and social effects.
Twenty-first conscientiously implement the provisions of judicial convenience, and strive to provide necessary litigation convenience for the parties and other participants in litigation, and reduce their litigation costs as much as possible.
Twenty-second respect for the personal dignity of the parties and other participants in the proceedings, to avoid bullying, "cold hard push" and other bad styles; Respect lawyers and protect lawyers' right to participate in litigation activities according to law.
Chapter VI Maintenance of Judicial Image
Twenty-third adhere to study and study business, be loyal to their duties, handle cases impartially, punish evil and promote good, promote justice, and maintain a high mental state and good professional ethics.
Twenty-fourth adhere to civilized justice, abide by judicial etiquette, in the process of performing their duties, code of conduct, dress appropriately, language civilization, calm attitude, and maintain good professional quality and judicial style.
Article 25 Strengthen self-cultivation, cultivate noble moral conduct and healthy life interest, put an end to bad hobbies and behaviors that are not commensurate with the professional image of judges and violate the professional ethics of judges, abide by social morality and family virtues, and maintain a good personal reputation.
Article 26 After retirement, a judge shall abide by the relevant provisions of the state, and shall not use his original identity and convenient conditions to ask questions or interfere with law enforcement and case handling, so as to avoid the adverse impact on the professional image of a judge due to improper personal words and deeds.
Chapter VII Supplementary Provisions
Twenty-seventh people's jurors shall abide by these standards when performing their judicial duties according to law. Other staff of the people's court shall refer to this standard.
Twenty-eighth people's courts at all levels are responsible for supervising the implementation of these standards, and admonishing and criticizing acts that violate these standards according to their consequences; If the circumstances are serious enough to constitute a violation of discipline and law, it shall be dealt with severely in accordance with relevant discipline and legal provisions.
Article 29 the Supreme People's Court shall be responsible for the interpretation of these Standards.
Article 30 These Standards shall come into force as of the date of promulgation. The Supreme People's Court 200118 issued the Basic Standards for Judges' Professional Ethics in People's Republic of China (PRC), which was abolished at the same time.
Basic principles of legal professional ethics
Legal professional ethics has the following basic principles:
1. Adhere to the socialist legal system and realize social justice.
Take facts as the basis, take law as the criterion, and be loyal to facts and laws.
3. Strictly observe discipline and keep secrets.
4. Respect and cooperate with each other.
5. Be conscientious and diligent.
6. Be honest and law-abiding.
1. Set an example and pay attention to self-cultivation.
Types of legal professional responsibility
Legal professional responsibility includes disciplinary action, administrative responsibility, civil responsibility and criminal responsibility.
The professional ethics of judges, prosecutors and judges with professional responsibilities refers to the sum of the moral norms that judges and other personnel engaged in the trial profession should follow. The normative basis of the current judges' professional ethics in China is the Basic Code of Judges' Professional Ethics issued by the Supreme People's Court 2001KLOC-0/0. This standard is of great significance to standardize and improve the professional ethics standard of judges, improve the professional ethics quality of judges and maintain the good image of judges and people's courts.
The professional ethics of judges has the following characteristics:
(1) The professional ethics of judges is applicable to a wide range of subjects. Its applicable subjects include judges, people's jurors, court administrators and bailiffs. According to article 2 of the Judges Law,
Judges refer to judges who exercise state judicial power according to law, including presidents, vice presidents, members of judicial committees, presidents, vice presidents, judges and assistant judges of special people's courts such as the Supreme People's Court, local people's courts at various levels and military courts. Article 48 of the Basic Code of Judges' Professional Ethics stipulates that people's jurors shall abide by this Code 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. Therefore, the subject of the application of judges' professional ethics is not limited to judges.
⑵ The adjustment time of judges' professional ethics is follow-up. Article 46 of the Basic Code of Judges' Professional Ethics stipulates that judges should continue to maintain a good image after retirement, so as to avoid making the public have reasonable doubts about judicial justice because of their improper words and deeds. Therefore, the professional ethics of judges should be applied before and after their retirement.
(3) There is a broad space for the adjustment of judges' professional ethics. The Basic Code of Judges' Professional Ethics applies not only to judges' professional behavior, but also to judges' non-professional behavior. When performing their duties, judges 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. The moral principles that judges should follow when ensuring judicial justice mainly include:
Principle of judicial independence.
(1) When performing their duties, judges should be loyal to the Constitution and laws, uphold and safeguard the principle of judicial independence, and be free from interference by any administrative organ, social organization or individual, and be free from influence other than those prescribed by law.
(2) Judges should think independently, make independent judgments and dare to stick to correct opinions in judicial activities.
(3) Judges should respect other judges' independent exercise of judicial power, so as to: a. Except for performing their judicial duties or going through due process, they shall not comment on the cases being tried by other judges, and shall not make suggestions and opinions on the handling of cases of interest to them; B. Do not ask or interfere with a case being tried by a lower people's court without authorization; C don't put forward personal suggestions and opinions on handling cases of second instance to the people's court at a higher level.
(4) A judge shall not inquire about the trial and related information of cases undertaken by other judges except for performing judicial duties or management duties.
5] In the process of hearing cases, judges should avoid being improperly influenced by the news media and public opinion.
The principle of neutrality.
(1) In trial activities, judges should not only consciously abide by the legal challenge system, but also request that the case should not be tried when they think that the public may have reasonable doubts about the fair judgment of the case.
(2) The judge should resist the parties and their agents, defenders or outsiders using various social relations to intercede and deal with them in accordance with relevant regulations.
(3) A judge shall not, against the will of the parties, force the parties to withdraw the lawsuit or accept mediation by improper means.
(4) Without permission, the judge shall not meet the parties and their agents.
5. When performing their duties, judges should treat the parties and other participants equally, and must not show any discrimination by words and deeds, and have the obligation to stop and correct any discriminatory words and deeds of participants and other personnel.
3. The principle of avoiding prejudice.
(1) In judicial activities, judges should avoid subjective prejudice, abuse of power and neglect of the law. 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.
(2) Before the judgment is pronounced, the judge shall not express his views or attitudes towards the judgment through words, expressions or actions.
(3) Judges should mediate cases according to law, pay attention to words and deeds carefully, and prevent the parties and other participants in the proceedings from having reasonable doubts about their impartiality.
Principle of professional integrity.
(1) A judge shall not make any statement in public or in the news media that will undermine 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.
(2) 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.
(3) 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. Judges should be diligent and dedicated, perform their duties wholeheartedly, and should not be influenced by personal affairs, schedules or other behaviors. In improving judicial efficiency, the moral requirements that judges should follow mainly include:
1. Observe the time limit.
(1) A judge shall abide by the time limit for litigation prescribed by law and file a case, hear a case and make a judgment as soon as possible within the legal time limit.
(2) Judges must put an end to carelessness, unreasonable delay and procrastination in their work, and finish their work seriously, promptly and effectively, so as to: a) reasonably arrange various trial affairs and improve litigation efficiency; B, pay enough attention to the performance of various judicial duties, give the same cautious attention to the cases undertaken, and invest reasonable and sufficient time; C, 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 work with other judges and other staff.
4. Diligent management.
(1) The judge shall supervise the parties to abide by the procedural rules and time limits in the trial activities, so as to avoid unreasonable or unnecessary delays caused by the participants in the proceedings.
(2) A judge shall take effective measures in accordance with the law when executing effective legal documents, and execute them as soon as possible. In terms of maintaining integrity, the moral requirements for judges mainly include:
1. Don't abuse the status of a judge.
(1) A judge shall not directly or indirectly use his position and position to seek any illegitimate interests when performing his duties.
(2) A judge should properly handle personal affairs, and should not intentionally disclose his identity as a judge in order to get special care; A judge shall not use his reputation and influence to seek personal gain for himself, his relatives or others.
4. Honesty and cleanliness.
(1) A judge shall not accept hospitality, property or other benefits from the parties, their agents or defenders.
(2) Judges shall not participate in commercial activities or other economic activities that may lead to public distrust of their incorruptible image.
Manage personal and family economic affairs.
(1) The lifestyle and standards of judges and their family members should be consistent with their positions and incomes.
(2) A judge shall truthfully declare his property in accordance with the relevant provisions of the state.
(three) the 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.
3. Practice is not allowed. A judge may not concurrently serve as a legal adviser to a lawyer, enterprise, institution or individual; No consultation or legal advice shall be provided to the parties and their agents or defenders on pending cases. Judges should strictly abide by the judicial etiquette, maintain good gfd and civilized manners, and safeguard the dignity of the people's courts and the good image of judges. In observing judicial etiquette, the moral requirements for judges mainly include:
1. Respect the personality of others. A judge should respect the personal dignity of the parties and other participants in the proceedings, and do the following: a, listen carefully and patiently 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; B use standard, accurate and civilized language, and do not give any unfair admonition or inappropriate words to the parties or other participants in the proceedings.
Abide by court rules and judicial etiquette. Judges should abide by the rules of the court in court, supervise all personnel in the court to abide by the rules of the court, and maintain the solemnity of the court, and do the following: a. Wear judges' robes or judges' uniforms and badges in accordance with relevant regulations to keep them clean and tidy; B, appear in court on time, not absent, late, leave early, and don't go in and out at will; C, concentrate, focus on the trial, do not do anything unrelated to the trial activities. Judges should strengthen their self-cultivation, have good political and professional qualities and good conduct, faithfully implement the Constitution and laws, and serve the people wholeheartedly. In this regard, the moral requirements for judges mainly include:
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 impartial, have a conscience of punishing evil and promoting good, be honest, kind, modest and prudent and enjoy a good personal reputation.
3. Judges have the right and obligation to receive education and training, establish a good style of study, intensively study jurisprudence, acquire new knowledge, and improve various judicial skills such as handling court trials, judging evidence and making judgment documents. , and have the necessary knowledge and professional ability for judicial work.
3. In daily life, judges should be strict with themselves, have good conduct, cultivate noble moral conduct, and become a model of observing social morality and family virtues. When a judge engages in various activities outside his post, he should avoid making the public have reasonable doubts about the impartiality and integrity of the judge, avoiding affecting the normal performance of the judge's duties and adversely affecting the credibility of the people's court. The moral requirements for judges' extracurricular activities mainly include:
1. Avoid misconduct.
(1) Judges 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 judges and perform their duties fairly.
(2) Judges 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 image of judges, so as not to leave an unfair or dishonest impression on the public and avoid possible troubles and embarrassment when performing their duties.
(3) A judge may not join an organization with a cult nature.
(4) Judges can participate in academic research and other social activities conducive to legal construction 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.
2. Keep the judicial work secret. A judge shall not disclose or use non-public information such as non-public trial information, business secrets and personal privacy obtained in the course of trial in his off-duty activities.
13. A judge may not join a profit-making organization or an organization that may profit from the influence of a judge.
4. Restrictions on freedom of speech. Judges should be cautious when publishing articles or accepting media interviews, and should not make inappropriate comments on specific cases and parties, so as to avoid making the public have reasonable doubts about judicial justice because of improper words. The professional responsibility of judges refers to the responsibility that judges should bear in violation of laws, regulations and professional ethics of judges. Candidates should focus on the disciplinary action stipulated in the Judges Law.
Types of disciplinary action.
Article 33 of the Judges Law stipulates that a judge who commits one of the acts listed in Article 32 of the Law shall be punished; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 34 of the Judges Law stipulates that if a judge is punished or dismissed, his salary and rank will be reduced at the same time.
Behavior that should be restrained.
Article 32 of the Judges Law stipulates that a judge shall not commit any of the following acts: (1) spreading statements that damage the reputation of the country and joining illegal organizations; (2) Corruption and bribery; (3) perverting the law; (4) extorting a confession by torture; (5) Concealing evidence or forging evidence; (6) divulging state secrets or judicial secrets; (7) Abuse of power to infringe upon the lawful rights and interests of citizens, legal persons or other organizations; Dereliction of duty, resulting in misjudged cases or serious losses to the parties; (nine) deliberately delaying the handling of cases and delaying the work; ⑽ Use authority to seek personal gain for yourself or others; ⑾ engage in profit-making business activities; ⑿ Meet the parties and their agents privately, and accept guests and gifts from the parties and their agents; (thirteen) other violations of law and discipline. In order to implement the Outline of Citizen's Moral Construction and comprehensively improve the professional ethics level of the procuratorial team, the Supreme People's Procuratorate promulgated the Code of Professional Ethics for Prosecutors in March 2002, which established the eight-character professional ethics code of "loyalty, justice, honesty and strictness".
Loyalty. Loyal to the party, the country and the people, loyal to facts and laws, loyal to the people's procuratorial work, and dedicated to their posts.
4. Justice. Advocate the rule of law, be objective and realistic, independently exercise procuratorial power according to law, adhere to equality before the law, and consciously safeguard procedural justice and substantive justice.
3. Honest and clean. Model to abide by the law and discipline, keep honest, indifferent to fame and fortune, not selfish, self-respect, self-respect, and accept supervision.
4. strict. Strictly enforce the law, handle cases in a civilized manner, be upright and upright, dare to supervise and correct mistakes, and defend the dignity of the Constitution and laws. The professional responsibility of prosecutors focuses on disciplinary action.
Article 35 of the Law on Public Prosecutors stipulates that public prosecutors shall not commit any of the following acts:
(1) Spreading remarks damaging the reputation of the country, joining illegal organizations, participating in assemblies, processions, demonstrations and other activities aimed at opposing the country, and participating in strikes;
(2) Corruption and bribery;
(3) perverting the law;
(4) extorting a confession by torture;
(5) Concealing evidence or forging evidence;
(6) divulging state secrets or secrets of procuratorial work;
(seven) abuse of power, infringement of the legitimate rights and interests of natural persons, legal persons or other organizations;
(eight) dereliction of duty, resulting in misjudged cases or serious losses to the parties;
(nine) delaying the handling of cases and delaying the work;
(ten) use their powers to seek personal gain for themselves or others;
(eleven) engaged in profit-making business activities;
(twelve) to meet the parties and their agents privately, and accept the guests and gifts from the parties and their agents;
(thirteen) other violations of law and discipline.
Article 36 of the Public Prosecutors Law stipulates that if a public prosecutor commits one of the acts listed in Article 35 of this Law, he shall be punished; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 37 Punishment is divided into warning, demerit recording, gross demerit recording, demotion, dismissal and dismissal. Those who are dismissed from their posts shall be reduced in salary and grade at the same time. Article 16 of the Judges Law stipulates that a judge with husband-wife relationship, lineal consanguineous relationship, collateral consanguineous relationship within three generations and close in-laws relationship shall not hold the following positions at the same time:
(a) the president, vice president, members of the judicial committee, president and vice president of the same people's court;
(2) the president, vice-presidents and judges and assistant judges of the same people's court;
(3) the president, vice president, judge and assistant judge of the same court;
(4) Presidents and vice presidents of the people's courts at lower levels. Article 17 stipulates that a judge shall not act as an agent ad litem or defender as a lawyer within two years after leaving the people's court. After leaving the people's court, a judge may not act as an agent ad litem or defender in the court of first instance. A judge's spouse or children may not act as agents ad litem or defenders in the court where they are located.
Article 19 of the Law on Public Prosecutors stipulates that a public prosecutor with husband-wife relationship, lineal consanguineous relationship, collateral consanguineous relationship within three generations and close in-laws relationship shall not hold the following positions at the same time:
(a) the chief procurator, deputy chief procurators and members of the procuratorial committee of the same people's procuratorate;
(2) the chief procurator, deputy chief procurators, procurators and assistant procurators of the same people's procuratorate;
(3) Procurators and assistant procurators in the same business department;
(4) Procurators-General and Deputy Procurators-General of people's procuratorates at lower and higher levels. Article 20 stipulates that a public prosecutor shall not act as an agent ad litem or defender as a lawyer within two years after leaving the People's Procuratorate. After leaving the People's Procuratorate, a public prosecutor shall not act as an agent ad litem or defender of the case handled by the original procuratorate. A prosecutor's spouse or children shall not act as agents ad litem or defenders in handling cases in the procuratorate where they belong.