Traditional Culture Encyclopedia - Travel guide - What is the original text of "Judges' Code of Conduct"?
What is the original text of "Judges' Code of Conduct"?
Judges’ Code of Conduct (Trial)
(Fafa [2005] No. 19, November 4, 2005)
In order to standardize the basic behavior of judges and guide judges These norms are formulated in accordance with the "Judges Law of the People's Republic of China" and the "Civil Servants Law of the People's Republic of China" to ensure fair, efficient, clean and civilized administration of justice.
1. General provisions
Article 1: Firm political beliefs
(1) Adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the "Three Represents" "The important thought of and laws;
(4) Efforts to implement the basic strategy of governing the country according to law and promote the construction of socialist democratic politics;
(5) Adhere to the work policy of "fair justice and serving the people wholeheartedly".
Article 2: Maintain judicial impartiality and improve judicial efficiency
(1) Adhere to the work theme of "justice and efficiency", based on facts and the law, to achieve substantive justice , procedural fairness and image fairness;
(2) Improve the quality of trials and strive to pursue the organic unity of legal effects and social effects;
(3) Strictly abide by various litigation provisions of the law time limit, and perform duties in a timely manner within the statutory time limit;
(4) Arrange work scientifically and rationally, improve trial efficiency, and save judicial resources.
Article 3: Adhere to trial independence
(—) Trial independently in accordance with the law, without interference from any administrative agency, social group or individual;
(2) Dare to adhere to correct opinions and consciously resist the interference of power, money, favors, relationships and other factors on trial activities;
(3) Remain neutral, equally protect the legitimate rights and interests of all parties, and do not favor one side;
>(4) Not to influence the hearing of cases by other handlers or other courts, not to inquire about the case details for the parties, agents, and defenders, or to provide them with the contact information of the case handlers and other members of the collegial panel,
Article 4 Maintaining Judicial Integrity
(1) Strictly abide by relevant integrity regulations and do not use your position to seek improper benefits for yourself or others:
(2) Do not engage in or participate in For-profit activities, holding concurrent positions in enterprises or other for-profit organizations,
(3) Correctly handle the relationship with the parties and their agents and defenders, and shall not meet with one party in private or violate regulations. Provide advisory opinions, and shall not recommend and introduce agents, defenders and intermediaries to parties, or introduce cases to lawyers or other personnel;
(4) Gifts or bribes to parties, agents or defenders, It should be decisively rejected and criticized.
Article 5: Strengthen professional cultivation
(1) Advocate the rule of law and safeguard justice;
(2) Be impartial, honest and efficient;
< p>(3) Be cautious in words and deeds, and be upright;(4) Be honest, kind, and people-oriented;
(5) Be diligent, dedicated, and loyal to duty.
Article 6 Pay attention to dress and appearance
(1) Strictly implement the dress code and maintain a good image;
(2) When wearing uniforms during working hours, they should match the matching ; When wearing casual clothes, be neat and dignified;
(3) Do not wear heavy makeup or accessories that are not commensurate with the status of a judge during working hours;
(4) Follow the regulations during court sessions Wear cassocks or uniforms.
Article 7 Restraints on Behavior, Words and Actions
(1) Be cautious in words and deeds, and must not have any words or deeds that damage judicial impartiality and the image of judges;
(2) Use civilized, standardized, and accurate language;
(3) Be gentle, behave appropriately, be helpful, and do not treat people roughly.
2. Case Filing
Basic Requirements of Article 8
(1) To ensure that the parties concerned exercise their litigation rights in accordance with the law;
(2) To facilitate the people Mass litigation;
(3) Ensure the quality of case filing and improve the efficiency of case filing.
Article 9: The parties come to court to sue
(1) If the conditions for prosecution are met, the case shall be filed in a timely manner within the statutory time;
(2) The conditions for prosecution are not met If the party insists on filing a lawsuit, the case shall not be accepted and the reasons shall be notified. If the party insists on filing a lawsuit, the case shall be ruled not to be accepted;
(3) If the party voluntarily gives up the lawsuit, it shall be allowed;
(4) Provision of litigation Instructional materials.
Article 10 Oral complaint by the parties
(1) Notification that a written complaint should be submitted;
(2) The party cannot write the complaint and has difficulty entrusting another person to write it for him If required, they are required to truthfully provide the case information and contact information, record it in the transcript and read it to them, and submit it to them for their signature or seal after confirmation.
Article 11 The party requests to file a case at home
(1) The party is unable to move due to physical disability or is bedridden due to serious illness and is indeed unable to bring a lawsuit in court and is unable to appoint an attorney , you can come to receive prosecution materials based on the actual situation;
(2) For parties who do not meet the above conditions, they should be informed to file a lawsuit in court.
Article 12: The parties shall bring a lawsuit in the people's court
If the people's court has the power to accept the case, it shall accept the prosecution materials and shall not require the parties to file a lawsuit in the case filing division of the basic people's court where they are located.
Article 13 The case is not under the jurisdiction of the court or this court
(1) Inform the parties of the reasons why it is not under the jurisdiction of the court or this court has no jurisdiction;
< p>(2) According to the actual situation of the case, specify the competent authority or court with jurisdiction;(3) The case shall not be accepted in violation of jurisdictional regulations.
Article 14 If a private prosecution is filed in a case that should be prosecuted according to law
(1) After acceptance, it shall be transferred to the competent authority for handling and the parties shall be notified;
(2) ) If the situation is urgent, emergency measures shall be taken first, and then the matter shall be transferred to the competent authority and the parties concerned shall be notified.
Article 15: The content and form of the complaint do not comply with the regulations
(1) Inform you to make corrections in accordance with the relevant regulations and make the requirements clear at one time;
( 2) The case shall not be refused due to defects other than the prosecution requirements.
Article 16 Insufficient evidence in the prosecution materials
A case cannot be refused on the grounds that the evidence supporting the litigation claims is insufficient.
Article 17: When encountering difficult and complex situations, it is not possible to decide on the spot whether to file a case
(1) Receive the materials and issue a receipt, and inform them of the pending review results;
(2) Review in a timely manner and notify the parties of the results within the statutory time limit.
Article 18: If disputes involving groups and conflicts that are prone to intensification are discovered
Report to the leadership in a timely manner and contact relevant departments, and actively provide guidance to prevent conflicts from intensifying.
Article 19: After the case is filed, the parties inquire about substantive issues such as whether the evidence is valid and whether the case can be won
(1) No biased opinions shall be provided to them;
(2) Inform that such issues can only be determined through trial and believe that the court will make a fair decision.
Article 20: After the case is filed, the parties inquire about the case handling process or time
Inform the case handling process and legal time limit, and shall not refuse to answer on the grounds that it is irrelevant to the case filing work.
Article 21: The parties shall prepay the litigation fees
(1) The amount shall be determined strictly in accordance with the regulations and shall not be charged additionally or reduced at will;
(2) If the fee needs to be paid at a designated bank, the account number and location shall be informed promptly;
(3) If the people's court really needs to collect the fee on its own, it shall issue a receipt in accordance with regulations.
Article 22 If a party has difficulty paying litigation fees
(1) If the party meets the conditions for judicial relief, it will be informed that it can apply for deferment of payment or reduction of litigation fees;
(2) If the person does not meet the conditions for judicial relief, he may be notified in writing to pay the fees within the specified period, and that failure to pay the litigation fees without justifiable reasons will be treated as a withdrawal of the lawsuit.
Article 13: The parties apply for pre-litigation property preservation, evidence preservation and other measures
(1) Strictly examine the conditions and reasons for the application, and make a ruling in a timely manner and in accordance with the law;
< p>(2) If it is decided to take preservation and other measures, they shall be implemented in a timely manner and in accordance with the law; if the application conditions are not met, the reasons shall be patiently explained;(3) Pre-litigation property preservation, evidence preservation and other measures shall not be abused.
3. Court hearing
Article 24 Basic Requirements
(1) Standardize words and deeds in court hearings and establish a good image;
( 2) Enhance the ability to control court trials and ensure trial quality;
(3) Strictly follow court trial procedures and equally protect the litigation rights of the parties;
(4) Maintain court order and ensure trial activities Goes smoothly.
Article 25 Preparation before the hearing
(1) Notify the parties to the litigation of the time and place of the hearing within the statutory time limit;
(2) Public disclosure If a trial is held, an announcement shall be made in a timely manner;
(3) If the party concerned applies for a closed trial, it shall be reviewed in a timely manner. If the legal conditions are not met, the trial shall be held in public and the reasons shall be explained.
Article 26 The original court hearing needs to be postponed
(1) The court opening time should not be changed without reason;
(2) Due to reasons such as parties and witnesses, etc. If special circumstances require an extension, the parties and other litigation participants shall be notified immediately;
(3) If notification is not possible, personnel shall be arranged to explain to the parties and other litigation participants at the original trial time and location.
Article 27 Things to note when appearing in court
(1) Appear in court on time and not be late or absent;
(2) If required to wear legal robes, It should be changed before entering the court and kept clean and solemn;
(3) If a judge’s passage is set up, the judge’s passage should be used;
(4) The parties, agents, and Defenders, prosecutors, etc. enter the court after entering the court;
(5) Not showing any closeness to any party in the litigation.
Article 28: Words and deeds during court hearings
(1) Sit in an upright posture and avoid all kinds of indecent movements;
(2) Concentrate and concentrate During the trial, do not do anything unrelated to the trial activities;
(3) Do not use communication tools, smoke in the trial seat, leave the trial seat at will, etc.;
(4) Polite gestures The parties and other litigation participants shall speak;
(5) Questions with tendentious language shall not be used, and the parties and other litigation participants shall not debate or quarrel;
(6) ) Use the gavel strictly in accordance with the regulations, and the gavel should be struck hard enough to be heard in the auditorium;
(7) It is strictly prohibited to participate in court hearings while drunk.
Article 29 Allocation and control of the time for statements and debates between the parties to the litigation
(1) According to the case circumstances and trial needs, allocate the time of the parties to the litigation fairly and reasonably during the trial statement and debate time;
(2) Do not interrupt the statements of parties, agents, defenders, etc. at will;
(3) Repeat opinions or comments made by parties, agents, defenders, etc. If it is irrelevant to the case, appropriate reminders should be given and no harsh words should be used to accuse.
Article 30: The parties use dialects or minority languages
(1) If one party to the litigation can only speak a dialect, it shall be allowed; if the other party expresses that he does not understand it, the judge or secretary may (2) If the statement is made in a minority language and the other party expresses that he or she does not understand it, an interpreter shall be provided for him or her. < /p>
(2) If the party concerned refuses to listen to dissuasion, it shall be stopped promptly;
(3) If the stoppage is ineffective, appropriate disposition shall be made in accordance with relevant regulations.
Article 32: The parties to the litigation have a dispute or attack each other personally
(1) Stop it in a timely manner, criticize and educate all parties, and do not favor one party;
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(2) Warn all parties to state the case in order;
(3) Those who do not listen to dissuasion shall be dealt with appropriately in accordance with relevant legal provisions.
Article 33: The parties’ signatures on the court trial transcripts
(1) The parties shall be informed of the legal significance and validity of the court trial transcripts, and the court trial transcripts shall be given to them for reading. , should be read out to them and confirmed to be correct before signing and sealing;
(2) If the party points out that there are omissions or errors in the record, it must be corrected on the spot after verification and the party is required to sign and seal at the correction place; there are no omissions Or if the error should not be corrected, the application shall be recorded;
(3) The parties shall not be required to sign or seal without reading it.
Article 34 Things to note when pronouncing a judgment
(1) The judgment shall be pronounced in public;
(2) When the judgment is pronounced, the members of the collegial panel or the independent Any judge should stand up and read out the judgment in a loud and clear voice;
(3) If the judgment is announced in court, the judge should announce the matters of the judgment, briefly explain the reasons for the judgment and inform the statutory time limit for the delivery of the judgment;
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(4) If the judgment is announced on a regular basis, the judgment document shall be issued immediately after the reading;
(5) After the judgment is announced, the parties to the litigation cannot be praised or criticized, and the losing party shall not be questioned. , we should patiently do a good job of explanation.
Article 35: A case cannot be concluded within the trial period
(1) If the trial period needs to be extended, the review and approval procedures must be performed in accordance with regulations;
(2) ) shall promptly inform the parties and other litigation participants of the reasons why the trial cannot be concluded in a timely manner within a reasonable time before the trial period expires or before the procedure is changed.
Article 36 The People’s Procuratorate files a protest
(1) File a case in accordance with the law and conduct a trial in accordance with relevant regulations;
(2) It shall be for prosecutors and prosecutors Provide necessary conditions and convenience for defenders and litigation agents to review case files and copy files.
IV. Litigation Mediation
Basic Requirements of Article 37
(1) Enhance the awareness of mediation, insist on incorporating mediation throughout the entire process of civil litigation, and fully Give full play to the role of litigation mediation in resolving disputes;
(2) Adhere to the principles of voluntariness and legality, mediate when able, judge when appropriate, combine judgment with mediation, and the case is concluded;
< p>(3) Pay attention to methods and improve litigation mediation capabilities.Article 38: Contact with the parties during the mediation process
(1) All parties should be consulted about their willingness to mediate;
(2) According to the case Depending on the specific situation, mediation work can be conducted with each party respectively;
(3) When contacting one party, the other parties should avoid reasonable doubts about the neutrality of the judge.
Article 39: Only the agent of the party shall participate in the mediation
Carefully examine whether the agent has special authorization. If he has special authorization, he can directly participate in the mediation; If authorized, you can also participate in mediation. If a preliminary mediation agreement is reached, it should be signed or sealed by the parties, or the parties can go through the special authorization ratification procedures.
Article 40: If one party expresses unwillingness to mediate
(1) If there is a possibility of mediation, it should be moved with emotion, understand the reason, and actively guide the mediation;
(2) If a party insists on unwillingness to mediate, the party shall not be forced to mediate.
Article 41: The mediation agreement harms the interests of others
(1) Inform the parties participating in the mediation that they should modify the agreement involving the rights and obligations of others;
< p>(2) If the mediation agreement is found to be harmful to the interests of others, the content of the mediation agreement shall not be recognized.Article 42 During the mediation process, the parties request to express their position on the issue of liability
(1) Unless they are required to exercise their right of explanation in accordance with the law, they shall not express their position at will;
(2) If it is indeed necessary to express a position due to the need for mediation, attention should be paid to methods and methods, and efforts should be made to facilitate the parties to reach a mediation agreement.
Article 43: The parties have disagreements about the mediation plan
(1) Continue to coordinate so that the parties can make a new choice;
(2) Disagreements If the dispute is serious and difficult to mediate, it shall be adjudicated in a timely manner and in accordance with the law.
5. Document Production
Basic Requirements of Article 44
(1) Strictly abide by the format and specifications, continuously improve the ability to produce judgment documents, and ensure that the judgment The quality of the documents should be maintained, and the seriousness and authority of the judgment documents should be maintained;
(2) The judgment documents for ordinary procedure cases should be comprehensive in content, thorough in reasoning, strict in logic, and standardized in terms;
(3) ) Judgment documents for summary procedure cases should be concise, accurate and standardized.
Article 45 Responsibility for the quality of judgment documents
(1) Members of the collegial panel or the single judge shall be primarily responsible for the quality of judgment documents;
(2) Judges who review judgment documents shall strictly review the judgment documents and shall be responsible for the review.
Article 46: Narration of trial procedures and the entire trial process
(1) Truthfully describe the names of the parties, the cause of the case, the time of filing the case, the time of the trial, and the arrival of the litigation participants
(2) If the simplified procedure is converted into an ordinary procedure, the time and reason for the conversion of the procedure shall be stated;
(3) If the parties are added or changed, the additional parties shall be stated. , the time and reason for the change, etc.
Article 47 Summary of the pleadings and defenses of the parties to the litigation
(1) Briefly and truthfully summarize the litigation and defense claims of the parties to the litigation;
< p>(2) Allocate space fairly and reasonably in the summary.Article 48: Description of the cross-examination process of the parties and the focus of the dispute
(1) Briefly describe the cross-examination process of the parties during the pre-trial exchange of evidence and trial cross-examination stages;
>(2) Accurately summarize the focus of the dispute between the parties;
(3) If the facts and legal relationships of the case are complex, the focus of the dispute shall be accurately summarized in paragraphs and sections. .
Article 49 Accounting for some important matters during the trial of the case
In the "Trial Situation" section, the circumstances of the trial jurisdiction objection should be truthfully stated, and in the "Factual Determination" section part, should truly reflect the process of entrusting judicial appraisal, evaluation, auditing and other aspects.
Article 50: The narration of the fact-finding part of the judgment document in ordinary procedure cases
(1) The statement must be objective, logically rigorous, and the wording must be accurate, and avoid the use of obvious words of praise or criticism;
(2) Detailed analysis and explanation of the reasons for whether the evidence submitted by each party is to be accepted or not and the facts that the accepted evidence can prove;
(3) Proof of burden of proof and evidence Issues such as force and standards of proof should be reasonably explained.
Article 51 Analysis and argumentation of the characterization and trial results of ordinary procedure cases
(1) Objective, comprehensive and sufficient reasoning should be carried out, and whether the defense opinions and agency opinions are The reasons for adoption must be stated;
(2) When trying criminal cases, a judgment of guilt or innocence shall be made in accordance with the relevant provisions of the law and judicial interpretations and in combination with specific facts. If guilty, the statutory or discretionary judgment shall be made. Analyze and determine the circumstances of aggravation, leniency, mitigation, exemption from punishment, etc.;
(3) In hearing civil cases, the parties shall be judged according to the relevant provisions of laws, administrative regulations, and judicial interpretations, and in light of the specific circumstances of the individual case. Detailed inductive evaluation of the relationship between rights and obligations, responsibilities and the size of the responsibilities;
(4) When hearing administrative cases, the relevant provisions of laws, administrative regulations and judicial interpretations shall be followed, combined with the facts of the case. , analyze and demonstrate whether the specific administrative actions performed by the administrative agencies and their staff are legal, whether the plaintiff's legitimate rights and interests have been infringed, and whether there is a causal relationship between the specific administrative actions being sued.
Article 52 Quotation of legal provisions
(1) In the reasons for judgment, the original legal provisions shall be quoted as much as possible according to the circumstances; if the reasoning involves multiple controversial issues, the original legal provisions shall be quoted as much as possible; One argument, one quotation; when the legal basis is finally quoted in the main body of the judgment, only the serial number of the legal clause shall be cited;
(2) If both general law and special law have provisions, the special law shall be cited;
(3) When there are both principled legal provisions and specific legal provisions, the specific legal provisions should be quoted.
Article 53: If a textual error is discovered after the judgment document is announced or served
(1) Generally, if there are any textual errors, the situation shall be explained to the parties in a timely manner and the judgment document shall be withdrawn and corrected with a proofreading seal. Or make a new judgment document;
(2) If there are important textual errors and the judgment document has been served and cannot be withdrawn, a ruling shall be made to make corrections.
6. Implementation
Basic Requirements of Article 54
(1) Timely and effective execution in accordance with the law to ensure the seriousness and authority of effective legal documents, Protect the legitimate rights and interests of the parties;
(2) Adhere to civilized execution and take enforcement measures strictly in accordance with the law;
(3) Pay attention to methods and methods, and pay attention to the legal and social effects of execution.
Article 55: The person subject to execution requires the enforcement officer to consult his agent to negotiate execution matters on the grounds of special authorization
(1) Based on the specific circumstances of the execution, decide whether to negotiate with the person subject to execution Contact the person's agent;
(2) If it is really necessary to contact the person subject to execution, the person subject to execution shall be informed that he has the obligation to cooperate with the court in the enforcement work and shall not shirk it.
Article 56: The person applying for execution calls or visits to inquire about the execution status of the case
(1) Keep records carefully and explain the progress of the execution in a timely manner;
(2) If the person applying for execution requests to inspect the relevant case file materials, he shall be allowed to do so, unless the request is kept confidential by law.
Article 57: The person applying for execution or the person subject to execution requests the return of the original materials
If the execution party really needs to keep the original documents and requests to return them, the execution personnel shall check the copies submitted by the party Then return the original.
Article 58 Search for property subject to execution
(1) If the person applying for execution provides the court with clues about the property subject to execution, he shall conduct a timely investigation and take corresponding enforcement measures. And inform the person applying for execution of the relevant situation;
(2) The execution personnel shall actively search for the property of the person subject to execution in accordance with their authority and take corresponding execution measures in a timely manner.
Article 59: The enforcement party requests reconciliation
(1) Promptly convey the enforcement party’s request for reconciliation to the other party, and objectively explain the difficulty and difficulty of enforcement to the enforcement party in an appropriate manner risk, and promote the enforcement parties to reach a settlement;
(2) If the enforcement party refuses to reconcile, enforcement shall continue in accordance with the law;
(3) If the applicant for execution and the person subject to execution reach a settlement, A written settlement agreement shall be formed; if there is no written agreement, the contents of the settlement agreement shall be recorded in the transcript and signed or sealed by both parties.
Suspension, suspension, and termination of execution of Article 60
(1) Take measures to suspend, suspend, and terminate execution in strict accordance with legal conditions and procedures;
(2) Inform the person applying for execution of the facts and relevant legal provisions based on the suspension, suspension, or termination of execution, and patiently explain it.
(3) Inform the person applying for execution of the conditions and procedures for resuming execution after suspending or suspending execution;
(4) If there are indeed errors in suspending, suspending, or terminating execution, they should be corrected in a timely manner .
Article 61: The person subject to execution raises objections to the enforcement jurisdiction of the entrusted court
(1) Review whether the case meets the conditions for entrusted execution. If it does not meet the conditions, report to the leader in a timely manner , take appropriate measures to correct;
(2) If the conditions for entrusted execution are met, inform the person subject to execution the basis for the entrusted court to accept the execution and execute it in accordance with the law.
Article 62: A person outside the case raises objections to execution
(1) Request the person outside the case to provide evidence and materials related to the objection, and review them in a timely manner;
(2) Depending on the specific circumstances, restrictive measures may be taken against the execution property and no sanctions will be imposed temporarily;
(3) If the objection is established, appropriate means shall be adopted to correct it; if the objection is not established, it shall be dismissed in accordance with the law.
Article 63: Seal, detain, freeze, auction, and sell off the property of the person subject to execution
(1) The procedures shall be handled strictly in accordance with the regulations, and no sealing, detaining, or Freeze the property of the person subject to execution;
(2) Strictly follow the relevant regulations on auction and sale, entrust appraisal and auction agencies in accordance with the law, and shall not harm the interests of the parties.
Article 64 Collection of execution funds
(1) The execution funds shall be directly transferred to the special account for execution funds;
(2) The person subject to execution If cash or bills are delivered immediately, the cash or bills shall be handed over to the financial department of this court together with the person subject to execution;
(3) Execution personnel are required for off-site execution, search and seizure, small-amount target execution, or emergency situations. If cash or bills are collected directly on behalf of the payer, a receipt shall be issued immediately to the payer and handed over to the financial department of the hospital in a timely manner.
Article 65 Transfer of execution funds
(1) The settlement procedures for execution fees and execution funds shall be completed within the prescribed period, and the person applying for execution shall be notified in a timely manner to handle the withdrawal. Procedures;
(2) If it is necessary to postpone the transfer, the reasons shall be explained in writing before the expiration of the time limit and submitted to the leadership for review and approval;
(3) Apply for the entrustment of the executor or the designation of another person If a person collects money on his behalf, he shall review whether the entrustment procedures are complete and valid, and require the payee to issue a legal and valid payment receipt.
Article 66: The person subject to execution fails to perform due to substantive or procedural errors in the effective legal document
If it is discovered that there is indeed an error in the effective legal document, it shall be submitted to the dean in a timely manner. The trial supervision procedure shall be handled; if there are no errors, explanations shall be made in a timely manner and implementation shall continue.
Article 67 If relevant departments and personnel refuse to assist in implementation
Relevant legal provisions shall be informed and persuasion and education work shall be done; if they still refuse to assist, other measures shall be taken in accordance with the law.
7. Handling of petitions involving litigation
Basic requirements of Article 68
(1) Pay attention to and conscientiously do a good job in the work of petitions involving litigation, and effectively protect petitions legitimate rights and interests of persons;
(2) Handle letters and calls in a timely manner, and strive to ensure that visitors are interviewed, letters are settled, and complaints are responded to;
(3) Reception is conducted in a civilized manner in accordance with the law, and safeguards Court image.
Article 69 Handling of Letters
(1) Review in a timely manner and register in accordance with regulations, and do not seize or delay processing without permission;
(2) ) If it is necessary to reply and return relevant materials, they should reply and return them in a timely manner;
(3) If they need to be transferred to the relevant departments and lower courts, they should be transferred in a timely manner.
Article 70 Reception of Visitors
(1) Reception in a timely manner, patiently listen to visitors’ opinions and keep records;
(2) Ability to If the answer is answered on the spot, the answer should be given immediately. If the answer cannot be answered on the spot, the materials will be collected and informed that the processing results will be waited for within the agreed time limit.
Article 71: Visitors who are old, weak, sick or pregnant
(1) Priority reception;
(2) If the visitor applies for assistance, You can help contact the social assistance station according to the situation;
(3) If an unexpected situation occurs to a visitor during reception, appropriate rescue measures should be taken immediately.
Article 72 Group Visits
(1) Report to the leader, arrange reception in a timely manner and contact relevant departments for joint handling;
(2) ) According to the situation, inform and select 1 to 5 representatives to explain the purpose and reasons of the visit;
(3) Stabilize the visitors' emotions and do a good job in persuasion.
Article 73: Letters and visits do not fall within the jurisdiction of the court
Inform the court that it does not have the authority to handle the matter and explain the reasons, and specify the authority to handle the matter based on the content of the letter or visit.
Article 74: Letters and visits involve state secrets, business secrets or personal privacy
(1) Properly keep materials involving secrets and personal privacy;
(2) Consciously abide by relevant regulations and not disclose or use state secrets, business secrets or personal privacy obtained during petition work.
Article 75: Letter-writers report issues such as unfair judgments, poor enforcement, trial style and other issues in the courts in their jurisdiction
(1) Carefully record the content reported by the letter-writers;
(2) If you are dissatisfied with the court's decision, inform you that you can appeal, appeal or apply for retrial in accordance with the law;
(3) If you report other issues, promptly transfer the materials to the relevant departments of this court for processing.
Article 76 The petitioner repeatedly writes and visits to urge the processing result
(1) Inform the prescribed processing period and advise the petitioner to wait patiently for the processing result;
(2) If the situation is urgent, notify the person in charge or the department responsible in a timely manner;
(3) If the processing deadline is exceeded, the reason for the overdue period shall be informed.
Article 77: The petitioner is dissatisfied with the result of the handling and requests re-handling
(1) If it is found that the handling is indeed inappropriate, report it to the leader in a timely manner and make corrections in accordance with regulations;
(2) If there are no problems with the processing results, relevant explanations should be done and the processing procedures and basis should be explained clearly.
Article 78: If the visitor expresses that if the problem is not solved, he will stay in the court or take other extreme measures
(1) Promptly advise and educate the visitor, and avoid irritating the visitor with inappropriate words and deeds ;
(2) Report to the leader immediately and actively take appropriate measures to prevent accidents.
8. Outside Activities
Article 79 Basic Requirements
(1) Abide by laws and social ethics;
(2) Strengthen self-cultivation and strict self-discipline;
(3) Put an end to bad habits and behaviors that are inconsistent with the image of a judge and may affect the fair performance of duties;
(4) Attention Consciously maintain the image of a judge through words and deeds in daily life.
Article 80: Invitations to participate in forums and seminars
(1) Invitations from law firms, intermediaries and enterprises and institutions that may have an interest in the case should be declined ;
(2) Invitations from party, government, and military agencies, academic groups, and mass organizations that have no interest in the case and do not affect judicial justice can participate after seeking permission from the unit.
Article 81 When invited to participate in various social organizations or social activities
(1) If it is really necessary to participate in a social organization registered with the civil affairs department at all levels, report it in a timely manner and It shall be approved by the court in accordance with the management authority of the judge;
(2) Not to participate in for-profit social organizations;
(3) Not to accept any meals, gifts, gratuities, or gifts that violate integrity. sponsor.
Article 82: Engaging in activities other than judicial duties such as writing and teaching
(1) On the premise of complying with legal provisions, not obstructing fair administration of justice, and not affecting trial work, one may Use your spare time to engage in activities outside of judicial duties such as writing and teaching;
(2) During the writing and teaching process, you should avoid commenting on specific cases and relevant parties, and do not disclose or use information obtained at work. State secrets, business secrets, personal privacy and other non-public information;
(3) Legal remuneration received for participation in activities outside of judicial duties shall be taxed in accordance with the law.
Article 83 Accepting interviews from news media related to court work
(1) Accepting interviews from news media through the court’s news department;
(2) If the content of the interview involves major, difficult, or complex issues, you should be fully prepared in advance;
(3) During the interview, do not make remarks that are detrimental to judicial fairness, or do not do anything to the cases under trial. Comment with relevant parties and do not disclose state secrets, business secrets, personal privacy and other non-public information obtained during work.
Article 84 If I have conflicts with others in daily life
(1) Stay calm and restrained, and resolve disputes through legitimate and legal channels;
(2) Failure to use the status of a judge to seek additional care during dispute resolution will damage the image of the judge.
Article 85: Relatives and friends ask for help in resolving conflicts when they have conflicts with others
(1) Persuading relatives and friends to resolve conflicts through legal means;
(2) Not using The status of a judge hinders the relevant departments from solving the problem.
Article 86: Disputes encountered by myself and my family members need to be resolved through litigation
(1) For my own case or a case in which I participate as an agent of an immediate family member, I shall Participate in litigation on an equal footing in accordance with relevant legal provisions;
(2) Do not receive special favors as a judge during the litigation process, and do not use their authority to collect required evidence;
(3) For litigation cases involving other family members who are not immediate relatives, they should generally be allowed to entrust their own litigation agents, and I will not participate in the litigation as a litigation agent.
Article 87 Precautions when entering and leaving social places
(1) When participating in social activities, you must consciously maintain the image of the judge;
(2) It is strictly prohibited to ride in a police car, Wear uniforms to enter and exit commercial entertainment venues.
Article 88: Family or friends are invited to participate in feudal superstitious activities
(1) Resolutely refuse to participate in feudal superstitious activities;
(2) Ask family members and Promote science to friends, guide them to believe in science and oppose feudal superstition;
(3) Those who use feudal superstition activities to commit illegal crimes should be reported immediately to relevant organizations and public security departments.
Article 89: Going abroad (border) for private reasons to visit relatives or travel
(1) Truthfully declare to the organization the country, region and return time, and obtain approval from the organization Can travel;
(2) Return to work on time;
(3) Abide by local laws and respect local customs and religious habits;
(4) Pay attention to image and maintain national dignity.
9. Supplementary Provisions
Article 90: People’s courts at all levels shall guide and supervise judges of their own courts to comply with these norms.
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