第三条 法官必须忠实执行宪法和法律,全心全意为人民服务。
Article 3 Judges must faithfully implement the Constitution and laws, and serve the people whole-heartedly.
第四条 法官依法履行职责,受法律保护。
Article 4 Judges, when performing their functions and duties according to law, shall be protected by law.
第五条 法官的职责:
Article 5 The functions and duties of judges are as follows:
(二)法律规定的其他职责。
(2) to perform other functions and duties as provided by law.
第六条 院长、副院长、审判委员会委员、庭长、副庭长除履行审判职责外,还应当履行与其职务相适应的职责。
Article 6 Presidents, vice presidents, members of judicial committees, chief judges, associate chief judges of divisions shall, in addition to the judicial functions and duties, perform other functions and duties commensurate with their posts.
第七条 法官应当履行下列义务:
Article 7 Judges shall perform the following obligations:
(二)审判案件必须以事实为根据,以法律为准绳,秉公办案,不得徇私枉法;
(2) to take facts as the basis, and laws as the criterion when trying cases, to handle cases impartially, and not to bend law for personal gain;
(三)依法保障诉讼参与人的诉讼权利;
(3) to protect the litigation rights of the participants in proceedings according to law;
(四)维护国家利益、公共利益,维护公民、法人和其他组织的合法权益;
(4) to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of citizens, legal persons and other organizations;
(五)清正廉明,忠于职守,遵守纪律;
(5) to be honest and clean, faithful in the discharge of duties, and to abide by discipline;
(六)保守国家秘密和审判工作秘密;
(6) to keep State secrets and the secrets of judicial work; and
(七)接受法律监督和人民群众监督。
(7) to accept legal supervision and supervision by the masses.
第八条 法官享有下列权利:
Article 8 Judges shall enjoy the following rights:
(一)履行法官职责应当具有的职权和工作条件;
(1) to have the power and working conditions which are essential to the performance of functions and duties of judges;
第九条 担任法官必须具备下列条件:
Article 9 A judge must possess the following qualifications:
第十条 下列人员不得担任法官:
Article 10 The following persons shall not hold the post of a judge:
第十一条 法官职务的任免,依照宪法和法律规定的任免权限和程序办理。
Article 11 A judge shall be appointed or removed from the post in accordance with the limit of authority for, and procedures of, appointment or removal as prescribed by the Constitution and laws.
在民族自治地方设立的地方各级人民法院院长,由民族自治地方各级人民代表大会选举和罢免,
The presidents of the local People's Courts at various levels set up in the national autonomous areas shall be elected or removed by the people's congresses at various levels of the national autonomous areas.
人民法院的助理审判员由本院院长任免。
The assistant judges of the People's Courts shall be appointed or removed by the presidents of the courts where they work.
担任院长、副院长、审判委员会委员、庭长、副庭长,应当从具有实际工作经验的人员中择优提出人选。
Persons to be appointed presidents, vice-presidents, members of the judicial committees, chief judges, associate chief judges of divisions shall be selected from among those who are experienced in practical work.
第十三条 法官有下列情形之一的,应当依法提请免除其职务:
Article 13 If a judge is found to be in any of the following circumstances, a report shall be submitted according to law concerning the removal of his or her post:
第十四条 法官不得兼任人民代表大会常务委员会的组成人员,不得兼任行政机关、检察机关以及企业、事业单位的职务,不得兼任律师。
Article 14 No judges may concurrently be members of the standing committees of the people's congresses, or hold posts in administrative organs, procuratorial organs, enterprises or institutions, or serve as lawyers.
第十五条 法官之间有夫妻关系、直系血亲关系、三代以内旁系血亲以及近姻亲关系的,不得同时担任下列职务:
Article 15 Judges who are connected by husband-wife relationship, or who are directly related by blood, collateral related within three generations, or closely related by marriage may not, at the same time, hold the following posts:
(一)同一人民法院的院长、副院长、审判委员会委员、庭长、副庭长;
(1) the president, vice-presidents, members of the judicial committee, chief judges or associate chief judges of divisions in the same People's Court;