第三章 审判组织

Chapter III Trial Organization

 

第四十条 人民法院审理第一审民事案件，由审判员、陪审员共同组成合议庭或者由审判员组成合议庭。

Article 40 The people's court of first instance shall try civil cases by a collegial panel composed of both judges and judicial¹ assessors or of judges alone.

 

合议庭的成员人数，必须是单数。

The collegial panel must have an odd number of members.

 

适用简易程序审理的民事案件，由审判员一人独任审理。

Civil cases in which summary procedure is followed shall be tried by a single judge alone.

 

陪审员在执行陪审职务时，与审判员有同等的权利义务。

"When performing their duties, the judicial assessors shall have equal rights and obligations as the judges."

 

第四十一条 人民法院审理第二审民事案件，由审判员组成合议庭。

Article 41 The people's court of second instance shall try civil cases by a collegial panel of judges. 

 

合议庭的成员人数，必须是单数。

The collegial panel must have an odd number of members.

 

发回重审的案件，原审人民法院应当按照第一审程序另行组成合议庭。

"For the retrial of a remanded case, the people's court of first instance shall form a new collegial panel in accordance with the procedure of first instance."

 

审理再审案件，原来是第一审的，按照第一审程序另行组成合议庭；

" If a case for retrial was originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; "

 

原来是第二审的或者是上级人民法院提审的，按照第二审程序另行组成合议庭。

"if the case was originally tried at second instance or was brought by a people's court at a higher level to it for trial, a new collegial panel shall be formed according to the procedure of second instance."

 

第四十二条 合议庭的审判长由院长或者庭长指定审判员一人担任；院长或者庭长参加审判的，由院长或者庭长担任。

"Article 42 The president of the court or the chief judge of a division of the court shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in the trial, he himself shall serve as the presiding judge."

 

第四十三条 合议庭评议案件，实行少数服从多数的原则。

"Article 43 When deliberating a case, a collegial panel shall observe the rule of majority. "

 

评议应当制作笔录，由合议庭成员签名。

"The deliberations shall be recorded in writing, and the transcript² shall be signed by the members of the collegial panel."

 

评议中的不同意见，必须如实记入笔录。

Dissenting³ opinions in the deliberations must be truthfully entered in the transcript.

 

第四十四条 审判人员应当依法秉公办案。

Article 44 The judicial officers shall deal with all cases impartially⁴ and in accordance with the law.

 

审判人员不得接受当事人及其诉讼代理人请客送礼。

The judicial officers shall not accept any treat or gift from the parties or their agents ad litem.

 

审判人员有贪污受贿，徇私舞弊，枉法裁判行为的，应当追究法律责任；构成犯罪的，依法追究刑事责任。

"Any judicial officer who commits embezzlement⁵, accepts bribes⁶, engages in malpractice for personal benefits or who perverts⁷ the law in passing judgment⁸ shall be investigated for legal responsibility; if the act constitutes a crime, the offender⁹ shall be investigated for criminal responsibility according to the law."

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