全国人民代表大会常务委员会关于修改《中华人民共和国法官法》的
文章来源: 文章作者: 发布时间:2007-06-04 08:53 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
 

颁布日期:20010630  实施日期:20020101  颁布单位:全国人大常委会

  Order of the President of the People's Republic of China

  No.53

  The Decision of the Standing1 Committee of the National People's Congress on Amending3 the Judges Law of the People's Republic of China, adopted at the 22th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on June 30,2001, is hereby promulgated4 and shall go into effect as of January 1,2002.

  Jiang Zemin

  President of the People's Republic of China

  June 30,2001

  (Adopted at the 22th Meeting of the Standing Committee of the Ninth National People's Congress on June 30,2001)

  At its 22nd Meeting the Standing Committee of the Ninth National People's Congress decides to amend2 the Judges Law of the People's Republic of China as follows:

  1.Article 1 is revised as follows:“This law is enacted5 in accordance with the Constitution to enhance the quality of judges, to strengthen the administration of judges, and to ensure that the People's Courts independently exercise judicial6 authority according to law, that judges perform their functions and duties according to law and that law is administered impartially7.”

  2.Sub-paragraph(4)of Article 7 is revised as follows:“(4)to safeguard the State interests and public interests, and to safeguard the lawful8 rights and interests of natural persons, legal persons and other organization.”

  Sub-paragraph(5)revised as follows:“(5)to be honest and clean, faithful in the discharge of duties, to observe discipline and professional ethics9.”

  3.Sub-paragraph(6)of the first paragraph of Article 9 is revised as follows:“(6)to have worked in law for at least two years in the case of a graduate from a four-year course in the law specialty10 of an institution of higher education or a graduate from a four-year course in a non-law specialty of such an institution who possesses the professional knowledge of law, and to have worked in law for at least three years in the case of the said graduate to be appointed judge of a Higher People's Court or the Supreme11 People's Court; to have worked in law for at least one year in the case of a person holding a Master of Law degree or Doctor of Law degree; or a person holding a master's degree of doctor's degree of non-law specialty who possesses the professional knowledge of law, and to have worked in law for at least two years in the case of the said person to be appointed judge of a Higher People's Court or the Supreme People's Court.”

  The second paragraph is revised as follows:“The judicial persons who, before this Law is implemented13, do not possess the qualifications as provided by sub-paragraph(6)the preceding paragraph shall receive training. The specific measures shall be formulated15 by the Supreme People's Court.”

  One paragraph is added as the third paragraph:“Where it is really difficult to apply the provisions in sub-paragraph(6)of the first paragraph regarding the academic qualifications, such qualifications for judges may, upon examination and approval by the Supreme People's Court and within a limited period of time, be relegated16 to include graduates from a two-or-three-year courts in the law specialty of an institution of higher education.”

  4.Article 12 is revised as follows:“Persons to be appointed judges for the first time shall be selected, through strict examination and appraisal17, from among those who have passed the uniform national judicial examination and who are the best qualified18 for the post, in conformity19 with the standards of having both ability and political integrity.”

  “Persons to be appointed presidents or vice-presidents of People's Court shall be selected from among the best judges and other people who are best qualified for the post.”

  5.Sub-paragraph(9)is deleted.

  6.One article is added as Article 14:“Once the organ discovers that the appointment of a person as judge made by it is in violation20 of the provisions of this Law governing the qualifications for judges, it shall revoke21 the appointment. Where a court at a higher level discovers that the appointment of a judge made by a court at a lower level is in violation of the provisions governing the qualifications for judges, the former shall suggest to the latter that it revoke the appointment in accordance with law or that the it, in accordance with law, suggest to the standing committee of the people's congress at the same level that it revoke the appointment.”

  7.One article is added as Article 17:“No judge may, within two years after leaving his or her post from a People's Court, serve as an agent ad litem or a defender22 in the capacity of a lawyer.

  “No judge may, after leaving his or her post from a People's Court, serve as an agent ad litem or a defender in a case being handled by the court where he or she previously23 held a post.

  “No spouse24 or children of a judge may serve as an agent ad litem or a defender in a case being handled by the court where the judge holds a post.”

  8.Article 22 is changed to be Article 24, and the second paragraph is revised as follows:“The results of appraisal shall be taken as the basis for award, punishment, training, removal or dismissal of a judge, and for readjustment of his or her grade and salary.”

  9.Article 30 is changed to be Article 32,and sub-paragraph(7)is revised as follows:“(7)to abuse functions and powers; and to infringe25 upon the lawful rights and interests of natural persons, legal persons or other organizations.”

  Sub-paragraph(9)is revised as follows:“(9)to delay the handing of a case so that work is adversely26 affect.”

  10.Article 38 changed to be Article 40, in which the provision“A judge may be dismissed if he or she is found to be in any of the following circumstances”is revised to read:“A judge shall be dismissed if he or she is found to be in any of the following circumstances.”

  11.Article 42 is changed to be Article 44 and revised as following:“If a judge disagrees with the sanction given to him or her or the disposition27 of his or her case by a People's Court, he or she may, within 30 days from the date of receiving the decision on the sanction or disposition, apply for reconsideration to the organ which gave the sanction or disposed of the case and shall have the right to appeal to the organ at a level higher than the organ which gave the sanction or disposed of the case.”

  “The organ that receives the appeal must make a decision on it in accordance with regulations.

  “During the period of reconsideration or petition, execution of the decision on a sanction or disposition made with regard to a judge shall not be suspended.”

  12.Article 45 is changed to be Article 47 and revised as follow:“Where the sanction given to a judge or the disposition of him or her case is wrong, it shall be put right without delay; if it has damaged the judge's reputation, the reputation shall be rehabilitated28, the ill effects shall be eliminated and an apology shall be made; if it has caused financial losses to the judge, compensations shall be made, The persons who are directly responsible for retaliation29 shall be investigated for responsibility according to law.”

  13.The third paragraph of Article 46 is deleted.

  14.Two articles are added as Article 50 and 51:

  “Article 50 In light of the need of judicial work, the Supreme People's Court may shall, in conjunction with the relevant departments, formulate14 measures to fix the proportion of judge to other staff members in the People's Court at different levels.”

  “Article 51 The State institutes a uniform judicial examination system for persons to be appointed judges or procurators for the first time, or to obtain the qualifications for lawyer. The judicial administration department under the State Council shall, in conjunction with the Supreme People's Court and the Supreme People's Procuratorate, formulate implementation30 measures for judicial examination. The judicial administration department under the State Council shall take charge of the implementation of the measures.”

  In addition, corresponding readjustment shall be made to the order of certain articles on the basis of this Decision.

  This Decision shall go into effect as of January 1,2002.

  The Judges Law of the People's Republic of China shall be amended31 correspondingly according to this Decision and repromulgated.

  Appendix:

  Judges Law of the People's Republic of China

  (Article at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28,1995, and revised in accordance with the Decision on Amending the Judges Law of People's Republic of China adopted at the 22nd Meeting of the Standing Committee of the Ninth National People's Congress on June 30,2001)

  Contents

  Chapter I General Provisions

  Chapter II Functions and Duties

  Chapter III Obligations and Rights

  Chapter IV Qualifications for a Judge

  Chapter V Appointment and Removal

  Chapter VI Posts to Be Avoided

  Chapter VII Grades of Judge

  Chapter VIII Appraisal

  Chapter IX Training

  Chapter X Awards

  Chapter XI Punishment

  Chapter XII Salary, Insurance and Welfare

  Chapter XIII Resignation and Dismissal

  Chapter XIV Retirement32

  Chapter XV Petition and Complaint

  Chapter XVI Commission for Examination and Assessment33 of Judges

  Chapter XVII Supplementary34 Provisions

  Chapter I

  General Provisions

  Article 1 This law is enacted in accordance with the Constitution to enhance the quality of judges, to strengthen the administration of judges, and to ensure that the People's Courts independently exercise judicial authority according to law, that judges perform their functions and duties according to law and that law is administered impartially.

  Article 2 Judges are judicial persons who exercise the judicial authority of the State according to law, and they include the presidents, vice-presidents, members of judicial committees, chief judges and associate chief judges of divisions, judges and assistant judges of the Supreme People's Court, local People's Courts at various levels and special People's Courts such as military courts.

  Article 3 Judges shall faithfully implement12 the Constitution and laws, and serve the people wholeheartedly.

  Article 4 Judges, when performing their functions and duties according to law, shall be protected by law.

  Chapter II

  Functions and Duties

  Article 5 The functions and duties of a judge are as follows:

  (1)to take part in a trial as a member of a collegial panel or to try a case alone according to law; and

  (2)to perform other functions and duties as provided by law.

  Article 6 Presidents, vice-presidents, members of judicial committees, and chief judges and associate chief judges of divisions shall, in addition to the judicial functions and duties, perform other functions and duties commensurate with their posts.

  Chapter III

  Obligations and Rights

  Article 7 Judges shall perform the following obligations:

  (1)to strictly35 observe the Constitution and laws;

  (2)to take facts as the basis and laws as the criterion when trying cases, to handle cases impartially, and not to bend the law for personal gain;

  (3)to protect the litigation rights of the participants in proceedings36 according to law;

  (4)to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of natural persons, legal persons and other organizations;

  (5)to be honest and clean, faithful in the discharge of duties, to observe discipline and professional ethics;

  (6)to keep State secrets and the secrets of judicial work; and

  (7)to accept legal supervision37 and supervision by the masses.

  Article 8 Judges shall enjoy the following rights:

  (1)to have the power and working conditions which are essential to the performance of the functions and duties of judges;

  (2)to brook38 no interference from administrative39 organs, public organizations or individuals in trying cases according to law;

  (3)to be not removed, demoted or dismissed from the post, and to be not given a sanction, without statutory basis and without going through statutory procedures;

  (4)to be remunerated for work and to enjoy insurance and welfare benefits;

  (5)to enjoy safety of the person, property and residence as ensured by law;

  (6)to receive training;

  (7)to lodge40 petitions or complaints; and

  (8)to resign their posts.

  Chapter IV

  Qualifications for a Judge

  Article 9 A judge shall possess the following qualification:

  (1)to be of the nationality of the People's Republic of China;

  (2)to have reached the age of 23;

  (3)to endorse41 the Constitution of the People's Republic of China;

  (4)to have fine political and professional quality and to be good in conduct;

  (5)to be in good health; and

  (6)to have worked in law for at least two years in the case of a graduate from a four-year course in the law specialty of an institution of higher education or a graduate from a four-year course in a non-law specialty of such an institution who possesses the professional knowledge of law, and to have worked in law for at least three years in the case of the said graduate to be appointed judge of a Higher People's Court or the Supreme People's Court; to have worked in law for at least one year in the case of a person holding a Master of Law degree or Doctor of Law degree; or a person holding a master's degree or doctor's degree of non-law specialty who possesses the professional knowledge of law, and to have worked in law for at least two years in the case of the said person to be appointed judge of a Higher People's Court or the Supreme People's Court.

  The judicial persons who, before this Law is implemented, do not possess the qualifications as provided by sub-paragraph(6)of the preceding paragraph shall receive training. The specific measures shall be formulated by the Supreme People's Court.

  Where it is really difficult to apply the provisions in sub-paragraph(6)of the first paragraph regarding the academic qualifications, such qualifications for judges may, upon examination and approval by the Supreme People's Court and within a limited period of time, be relegated to include graduates from a two-or-three-year course in the law specialty of an institution of higher education.

  Article 10 None of the following persons may hold the post of a judge:

  (1)persons who have been subjected to criminal punishment for commission of a crime; or

  (2)persons who have been discharged from public employment.

  Chapter V

  Appointment and Removal

  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.

  The President of the Supreme People's Court shall be elected or removed by the National People's Congress. The vice-presidents, members of the judicial committee, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the Standing Committee of the National People's Congress upon the suggestions of the President of the Supreme People's Court.

  The presidents of the local People's Courts at various levels shall be elected or removed by the local People's Congress at various levels. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committee of the people's congresses at the corresponding levels upon the suggestions of the presidents of those courts.

  The appointment or removal of the presidents of the Intermediate People's Court set up in prefectures of the provinces or autonomous42 regions or set up in the municipalities directly under the Central Government shall be decided43 on by the standing committee of the people's congresses of provinces, autonomous regions or municipalities directly under the Central Government on the basis of the nominations44 made by the respective councils of chairmen. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people's congresses of the provinces, autonomous regions or municipalities directly under the Central Government upon the suggestions of the presidents of the Higher People's Courts.

  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. The vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges shall be appointed or removed by the standing committees of the people's congresses at the corresponding levels upon the suggestions of the presidents of those courts.

  The assistant judges of the People's Courts shall the be appointed or removed by the presidents of the courts where they work.

  The measures for the appointment or removal of the presidents, vice-presidents, members of the judicial committees, chief judges and associate chief judges of divisions and judges of the Special People's Courts such as the military courts shall be formulated by the Standing Committee of the National People's Congress separately.

  Article 12 Persons to be appointed judges for the first time shall be selected, through strict examination and appraisal, from among those who have passed the uniform national judicial examination and who are the best qualified for the post, in conformity with the standards of having both ability and political integrity.

  Persons to be appointed presidents or vice-presidents of People's Courts shall be selected from among the best judges and other people who are best qualified for the post.

  Article 13 If a judges is found to be in any of the following circumstances, a suggestion shall be submitted according to law for his or her removal from the post:

  (1)having forfeited45 the nationality of the People's Republic of China;

  (2)having been transferred out of a court;

  (3)having no need to maintain his or her original post after a change of post;

  (4)being determined46 to be incompetent47 in the post through appraisal;

  (5)being unable to perform the functions and duties of a judges for a long period of time due to poor health;

  (6)having retired48 from the post;

  (7)having resigned the post, or having been dismissed; or

  (8)being disqualified from continuing to hold the post because of violation of discipline or law or commission of a crime.

  Article 14 Once the organ discovers that the appointment of a person as judge made by it is in violation of the provisions of this Law government the qualifications for judges, it shall revoke the appointment. Where a court at a higher levels discovers that the appointment of a judge made by a court at a lower level is in violation of the provisions governing the qualifications for judges, the former shall suggest to the latter that it revoke the appointment in accordance with law or that the it, in accordance with law, suggest to the standing committee of the people's congress at the same level that it revoke the appointment.

  Article 15 No judges may concurrently49 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.

  Chapter VI

  Posts to Be Avoided

  Article 16 Judges who are connected by husband-wife relationship, or who are directly related by blood, collaterally50 related within three generations, or closely related by marriage may not, at the same time, hold the following posts:

  (1)the president, vice-presidents, members of the judicial committee, chief judges or associate chief judges of divisions in the same People's Court;

  (2)the president, vice-presidents, judges or assistant judges in the same People's Court;

  (3)the chief judge, associate chief judge, judges or assistant judges in the same division; or

  (4)presidents or vice-presidents of the People's Courts at the levels next to each other.

  Article 17 No judge may, within two years after leaving his or her post from a People's Court, serve as an agent ad litem or a defender in the capacity of a lawyer.

  No judge may, after leaving his or her post from a People's Court, serve as an agent ad litem or a defender in a case being handled by the court where he or she previously held a post.

  No spouse or children of a judge may serve as an agent ad litem or a defender in a case being handled by the court where the judge holds a post.

  Chapter VII

  Grades of Judges

  Article 18 Judges are divided into twelve grades.

  The President of the Supreme People's Court is the Chief Justice, and judge from the second to the twelfth grade are composted of associate justices, senior judges and judges.

  Article 19 Grades of judges shall be determined on the basis of their posts, their actual working ability and political integrity, their professional competence51, their achievements in judicial work and their seniority.

  Article 20 Measures for the establishment of the grades and for their evaluation52 and promotion53 shall be formulated separately by the State.

  Chapter VII

  Appraisal

  Article 21 Appraisal of judges shall be conducted by the People's Courts the judges belong to.

  Article 22 The appraisal of judges shall be carried out objectively and impartially, through the combined efforts of the leaders and masses, and routinely and annually54.

  Article 23 The appraisal of judges shall include their achievements in judicial work, their ideological55 level and moral character, their competence in judicial work and their mastery of law theories, their attitude in and style of work, However, emphasis shall be laid on their achievements in judicial work.

  Article 24 The results of the annual appraisal shall fail into three grades:excellent, competent and incompetent.

  The results of appraisal shall be taken as the basis for award, punishment, training, removal or dismissal of a judge, and for readjustment of his or her grade and salary.

  Article 25 A judge shall be informed of the result of the appraisal in written form. If the judge disagrees with the result, he or she may apply for reconsideration.

  Chapter IX

  Training

  Article 26 Theoretical and professional training for judge shall be carried out in a planed way.

  The principles of integrating theory with practice, giving lectures in light of the needs, and emphasizing practical results shall be applied56 in the training of judges.

  Article 27 The judges colleges and universities of the State and other institutions for training judges shall, in accordance with relevant regulations, undertake the task of training judges.

  Article 28 The results of the studies of judges and appraisals57 made during their training shall be taken as one of the bases for their appointment and promotion.

  Chapter X

  Awards

  Article 29 Judges who have made significant achievements and contributions in judicial work, or performed other outstanding deeds shall be rewarded.

  The principle of combining moral encouragement with material reward shall be applied in rewarding judges.

  Article 30 Judges who have any of the following achievements to their credit shall be rewarded:

  (1)having achieved notable successes in enforcing laws and handing cases impartially;

  (2)having accumulated rich experience in judicial practice that may serve as a guide in judicial work;

  (3)having made proposals for the reform of judicial work that have been adopted and have produced remarkable58 results;

  (4)having performed outstanding deeds in safeguarding the interests of the State, the collective and the people against heavy losses;

  (5)having performed outstanding deeds by bravely fighting against illegal or criminal acts;

  (6)having made judicial proposals that have been adopted and have produced remarkable results, or having scored outstanding successes in publicizing the importance of the legal system and guiding the work of the people's mediation59 committees;

  (7)having scored outstanding achievements in protecting State secrets and secrets of judicial work; or

  (8)having performed other meritorious60 deeds.

  Article 31 The awards include:Citation for Meritorious Deeds, Merit Citation61 Class III, Merit Citation Class II, Merit Citation Class I, and a title of honour.

  The awards shall be authorized62 and procedures gone through in accordance with relevant regulations.

  Chapter XI

  Punishment

  Article 32 No judge may commit any of the following acts:

  (1)to spread statements damaging the prestige of the State; to join illegal organizations; to take part in such activities as assemble, procession and demonstration63 against the State; and to participate in strikes;

  (2)to embezzle64 money or accept bribes65;

  (3)to bend law for personal gain;

  (4)to extort66 confessions67 by torture;

  (5)to conceal68 or falsify evidence;

  (6)to divulge69 State secrets or secrets of judicial work;

  (7)to abuse functions and powers; and to infringe upon the lawful rights and interests of natural persons, legal persons or other organizations;

  (8)to neglect his or her duty so as to wrongly judge a case or to cause heavy losses to the party concerned;

  (9)to delay the handling of a case so that work is adversely affected70;

  (10)to take advantage of the functions and powers to seek gain for himself or herself or other people;

  (11)to engage in profit-making activities;

  (12)to meet the party concerned or his or her agent without authorization71 and attend dinners or accept presents given by the party concerned or his or her agent; or

  (13)to commit other acts in violation of law or discipline.

  Article 33 A judge who has committed any of the acts listed in Article 32 of this Law shall be given sanctions; if the case constitutes a crime, he or she shall be investigated for criminal responsibility in accordance with law.

  Article 34 The sanctions include:a disciplinary warning, a demerit recorded, a grave demerit recorded, demotion, dismissal from the post and discharge from public employment.

  The salary of a judge who has been dismissed from the post shall at the same time be reduced and his or her grade be demoted.

  Article 35 A sanction shall be authorized and procedures gone through in accordance with relevant regulations.

  Chapter XII

  Salary, Insurance and Welfare

  Article 36 The salary system and scales for judges shall, in light of the characteristics of judicial work, be formulated by the State.

  Article 37 The system under which the salaries of judges are increased regularly shall be practiced. The salary of a judge who has been confirmed through appraisal as being excellent or competent may be raised in accordance with regulations; the salary of a judge who has made special contributions may be raised in advance in accordance with regulations.

  Article 38 Judges shall enjoy judicial allowances, regional allowances and other allowances and insurance and welfare benefits as prescribed by the State.

  Chapter XIII

  Resignation and Dismissal

  Article 39 If a judge requests resignation, he or she shall present an application in written form before he or she shall be removed in accordance with the procedures as provided by law.

  Article 40 A judge shall be dismissed if he or she is found to be in any of the following circumstances:

  (1)to be confirmed by annual appraisal as being incompetent for two successive years;

  (2)to be unqualified for the present post and decline to accept other assignments;

  (3)to refuse to accept reasonable transfer, which is necessitated72 by restructuring of the judicial organ or reduction of the size of the size of the staff;

  (4)to have stayed away from work without leave or to have overstayed his or her have without good reason for fifteen days or more in succession, or for thirty days or more in a year aggregated73; or

  (5)to fail to perform a judge's duty, and make no rectification74 after criticism.

  Article 41 A judge who is dismissed shall be removed from the post in accordance with the procedures as provided by law.

  Chapter XIV

  Retirement

  Article 42 The retirement system regarding judge shall, in light of the characteristics of judicial work, be formulated separately by the State.

  Article 43 After retirement judges shall enjoy the insurance of old-age pension and other benefits as prescribed by the State.

  Chapter XV

  Petition and Complaint

  Article 44 If a judge disagrees with the sanction given to him or her or the disposition of his or her case by a People's Court, he or she may, within 30 day from the date of receiving the decision on the sanction or disposition, apply for reconsideration to the organ gave the sanction or disposed of the case and shall have the right to appeal to the organ at a level higher than the organ which gave the sanction or disposed of the case.

  The organ that receives the appeal must make a decision on it in accordance with regulations.

  During the period of reconsideration or petition, execution of the decision on a sanction or disposition made with regard to a judge shall not be suspended.

  Article 45 If a State organ or any of its functionaries75 commits an act infringing76 upon the rights of a judge as provided by Article 8 of this Law, the judge shall have the right to make a complaint.

  If an administrative organ, a public organization or an individual interferes77 in a case that a judge is trying according to law, that organ, organization or individual shall be investigated for responsibility according to law.

  Article 46 The petition or complaint made by a judge shall be true to facts. If a judge makes up a story or lodges78 a false accusation79 against an innocent person, he or she shall be investigated for responsibility according to law.

  Article 47 Where the sanction given to a judge or the disposition of him or her case is wrong, it shall be put right without delay; if it has damaged the judge's reputation, the reputation shall be rehabilitated, the ill effects shall be eliminated and an apology shall be made; if it has caused financial losses to the judge, compensations shall be made. The persons who are directly responsible for retaliation shall be investigated for responsibility according to law.

  Chapter XVI

  Commission for Examination and Assessment of Judge

  Article 48 A People's Court shall establish a commission for examination and assessment of judges.

  The functions and duties of a commission for examination and assessment of judges re to guide the training, examination, appraisal and assessment of judges. Specific measures in this regard shall be formulated separately.

  Article 49 The number of persons on a commission for examination and assessment of judges shall be five to nine.

  The chairman of a commission for examination and assessment of judges shall be assumed by the president of the court it belongs to.

  Chapter XVII

  Supplementary Provisions

  Article 50 In light of the need of judicial work, the Supreme People's Court may shall, in conjunction with the relevant departments, formulate measures to fix the proportion of judges to other staff members in the People's Court at different levels.

  Article 51 The State institutes a uniform judicial examination system for persons to be appointed judges or procurators for the first time, or to obtain the qualifications for lawyer. The judicial administration department under the State Council shall, in conjunction with the Supreme People's Court and the Supreme People's Procuratorate, formulate implementation measures for judicial examination. The judicial administration department under the State Council shall take charge of the implementation of the measures.

  Article 52 The executors of the People's Court shall be administered with reference to the relevant provisions of this Law.

  Measures for the administration of the clerks of the People's Courts shall be formulated by the Supreme People's Court.

  The administrative judicial personnel of the People's Courts shall be administered in accordance with the relevant regulations of the State.

  Article 53 This law shall go into effect as of July 1,1995.



点击收听单词发音收听单词发音  

1 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
2 amend exezY     
vt.修改,修订,改进;n.[pl.]赔罪,赔偿
参考例句:
  • The teacher advised him to amend his way of living.老师劝他改变生活方式。
  • You must amend your pronunciation.你必须改正你的发音。
3 amending 3b6cbbbfac3f73caf84c14007b7a5bdc     
改良,修改,修订( amend的现在分词 ); 改良,修改,修订( amend的第三人称单数 )( amends的现在分词 )
参考例句:
  • Amending acts in 1933,1934, and 1935 attempted to help honest debtors rehabilitate themselves. 一九三三年,一九三四年和一九三五年通过的修正案是为了帮助诚实的债务人恢复自己的地位。
  • Two ways were used about the error-amending of contour curve. 采用两种方法对凸轮轮廓曲线进行了修正。
4 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
5 enacted b0a10ad8fca50ba4217bccb35bc0f2a1     
制定(法律),通过(法案)( enact的过去式和过去分词 )
参考例句:
  • legislation enacted by parliament 由议会通过的法律
  • Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹
6 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
7 impartially lqbzdy     
adv.公平地,无私地
参考例句:
  • Employers must consider all candidates impartially and without bias. 雇主必须公平而毫无成见地考虑所有求职者。
  • We hope that they're going to administer justice impartially. 我们希望他们能主持正义,不偏不倚。
8 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
9 ethics Dt3zbI     
n.伦理学;伦理观,道德标准
参考例句:
  • The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。
  • Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。
10 specialty SrGy7     
n.(speciality)特性,特质;专业,专长
参考例句:
  • Shell carvings are a specialty of the town.贝雕是该城的特产。
  • His specialty is English literature.他的专业是英国文学。
11 supreme PHqzc     
adj.极度的,最重要的;至高的,最高的
参考例句:
  • It was the supreme moment in his life.那是他一生中最重要的时刻。
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
12 implement WcdzG     
n.(pl.)工具,器具;vt.实行,实施,执行
参考例句:
  • Don't undertake a project unless you can implement it.不要承担一项计划,除非你能完成这项计划。
  • The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。
13 implemented a0211e5272f6fc75ac06e2d62558aff0     
v.实现( implement的过去式和过去分词 );执行;贯彻;使生效
参考例句:
  • This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。 来自《现代汉英综合大词典》
  • The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革,经济就面临崩溃的危险。 来自辞典例句
14 formulate L66yt     
v.用公式表示;规划;设计;系统地阐述
参考例句:
  • He took care to formulate his reply very clearly.他字斟句酌,清楚地做了回答。
  • I was impressed by the way he could formulate his ideas.他陈述观点的方式让我印象深刻。
15 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
16 relegated 2ddd0637a40869e0401ae326c3296bc3     
v.使降级( relegate的过去式和过去分词 );使降职;转移;把…归类
参考例句:
  • She was then relegated to the role of assistant. 随后她被降级做助手了。
  • I think that should be relegated to the garbage can of history. 我认为应该把它扔进历史的垃圾箱。 来自《现代汉英综合大词典》
17 appraisal hvFzt     
n.对…作出的评价;评价,鉴定,评估
参考例句:
  • What's your appraisal of the situation?你对局势是如何评估的?
  • We need to make a proper appraisal of his work.对于他的工作我们需要做出适当的评价。
18 qualified DCPyj     
adj.合格的,有资格的,胜任的,有限制的
参考例句:
  • He is qualified as a complete man of letters.他有资格当真正的文学家。
  • We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。
19 conformity Hpuz9     
n.一致,遵从,顺从
参考例句:
  • Was his action in conformity with the law?他的行动是否合法?
  • The plan was made in conformity with his views.计划仍按他的意见制定。
20 violation lLBzJ     
n.违反(行为),违背(行为),侵犯
参考例句:
  • He roared that was a violation of the rules.他大声说,那是违反规则的。
  • He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。
21 revoke aWYxX     
v.废除,取消,撤回
参考例句:
  • The university may revoke my diploma.大学可能吊销我的毕业证书。
  • The government revoked her husband's license to operate migrant labor crews.政府撤销了她丈夫管理外来打工人群的许可证。
22 defender ju2zxa     
n.保卫者,拥护者,辩护人
参考例句:
  • He shouldered off a defender and shot at goal.他用肩膀挡开防守队员,然后射门。
  • The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
23 previously bkzzzC     
adv.以前,先前(地)
参考例句:
  • The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
  • Let me digress for a moment and explain what had happened previously.让我岔开一会儿,解释原先发生了什么。
24 spouse Ah6yK     
n.配偶(指夫或妻)
参考例句:
  • Her spouse will come to see her on Sunday.她的丈夫星期天要来看她。
  • What is the best way to keep your spouse happy in the marriage?在婚姻中保持配偶幸福的最好方法是什么?
25 infringe 0boz4     
v.违反,触犯,侵害
参考例句:
  • The jury ruled that he had infringed no rules.陪审团裁决他没有违反任何规定。
  • He occasionally infringe the law by parking near a junction.他因偶尔将车停放在交叉口附近而违反规定。
26 adversely 6zEzi6     
ad.有害地
参考例句:
  • We commented adversely upon the imbecility of that message of telegraphic style. 我们对着这条电报式的愚蠢的留言发泄了一通不满。
  • Widely fluctuating exchange rates may adversely affect international trade. 浮动幅度很大的汇率可能会对国际贸易产生有害的影响。
27 disposition GljzO     
n.性情,性格;意向,倾向;排列,部署
参考例句:
  • He has made a good disposition of his property.他已对财产作了妥善处理。
  • He has a cheerful disposition.他性情开朗。
28 rehabilitated 9f0df09d5d67098e9f9374ad9b9e4e75     
改造(罪犯等)( rehabilitate的过去式和过去分词 ); 使恢复正常生活; 使恢复原状; 修复
参考例句:
  • He has been rehabilitated in public esteem. 公众已恢复对他的敬重。
  • Young persons need to be, wherever possible, rehabilitated rather than punished. 未成年人需要受到尽可能的矫正而不是惩罚。
29 retaliation PWwxD     
n.报复,反击
参考例句:
  • retaliation against UN workers 对联合国工作人员的报复
  • He never said a single word in retaliation. 他从未说过一句反击的话。 来自《简明英汉词典》
30 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
31 Amended b2abcd9d0c12afefe22fd275996593e0     
adj. 修正的 动词amend的过去式和过去分词
参考例句:
  • He asked to see the amended version. 他要求看修订本。
  • He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。
32 retirement TWoxH     
n.退休,退职
参考例句:
  • She wanted to enjoy her retirement without being beset by financial worries.她想享受退休生活而不必为金钱担忧。
  • I have to put everything away for my retirement.我必须把一切都积蓄起来以便退休后用。
33 assessment vO7yu     
n.评价;评估;对财产的估价,被估定的金额
参考例句:
  • This is a very perceptive assessment of the situation.这是一个对该情况的极富洞察力的评价。
  • What is your assessment of the situation?你对时局的看法如何?
34 supplementary 0r6ws     
adj.补充的,附加的
参考例句:
  • There is a supplementary water supply in case the rain supply fails.万一主水源断了,我们另外有供水的地方。
  • A supplementary volume has been published containing the index.附有索引的增补卷已经出版。
35 strictly GtNwe     
adv.严厉地,严格地;严密地
参考例句:
  • His doctor is dieting him strictly.他的医生严格规定他的饮食。
  • The guests were seated strictly in order of precedence.客人严格按照地位高低就座。
36 proceedings Wk2zvX     
n.进程,过程,议程;诉讼(程序);公报
参考例句:
  • He was released on bail pending committal proceedings. 他交保获释正在候审。
  • to initiate legal proceedings against sb 对某人提起诉讼
37 supervision hr6wv     
n.监督,管理
参考例句:
  • The work was done under my supervision.这项工作是在我的监督之下完成的。
  • The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。
38 brook PSIyg     
n.小河,溪;v.忍受,容让
参考例句:
  • In our room we could hear the murmur of a distant brook.在我们房间能听到远处小溪汩汩的流水声。
  • The brook trickled through the valley.小溪涓涓流过峡谷。
39 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
40 lodge q8nzj     
v.临时住宿,寄宿,寄存,容纳;n.传达室,小旅馆
参考例句:
  • Is there anywhere that I can lodge in the village tonight?村里有我今晚过夜的地方吗?
  • I shall lodge at the inn for two nights.我要在这家小店住两个晚上。
41 endorse rpxxK     
vt.(支票、汇票等)背书,背署;批注;同意
参考例句:
  • No one is foolish enough to endorse it.没有哪个人会傻得赞成它。
  • I fully endorse your opinions on this subject.我完全拥护你对此课题的主张。
42 autonomous DPyyv     
adj.自治的;独立的
参考例句:
  • They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。
  • This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。
43 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
44 nominations b4802078efbd3da66d5889789cd2e9ca     
n.提名,任命( nomination的名词复数 )
参考例句:
  • Nominations are invited for the post of party chairman. 为党主席职位征集候选人。 来自《简明英汉词典》
  • Much coverage surrounded his abortive bids for the 1960,1964, and 1968 Republican Presidential nominations. 许多消息报道都围绕着1960年、1964年和1968年他为争取提名为共和党总统候选人所做努力的失败。 来自辞典例句
45 forfeited 61f3953f8f253a0175a1f25530295885     
(因违反协议、犯规、受罚等)丧失,失去( forfeit的过去式和过去分词 )
参考例句:
  • Because he broke the rules, he forfeited his winnings. 他犯规,所以丧失了奖金。
  • He has forfeited the right to be the leader of this nation. 他丧失了作为这个国家领导的权利。
46 determined duszmP     
adj.坚定的;有决心的
参考例句:
  • I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
  • He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。
47 incompetent JcUzW     
adj.无能力的,不能胜任的
参考例句:
  • He is utterly incompetent at his job.他完全不能胜任他的工作。
  • He is incompetent at working with his hands.他动手能力不行。
48 retired Njhzyv     
adj.隐退的,退休的,退役的
参考例句:
  • The old man retired to the country for rest.这位老人下乡休息去了。
  • Many retired people take up gardening as a hobby.许多退休的人都以从事园艺为嗜好。
49 concurrently 7a0b4be5325a98c61c407bef16b74293     
adv.同时地
参考例句:
  • He was given two twelve month sentences to run concurrently. 他两罪均判12个月监禁,同期执行。 来自《简明英汉词典》
  • He was given two prison sentences, to run concurrently. 他两罪均判监禁,同期执行。 来自辞典例句
50 collaterally 72f130cc64126aebe3b7ac46dc9bf005     
担保物; 旁系亲属
参考例句:
  • I would rather loan a million dollars on character than on any other collateral in the world. 我若借出100万元,宁愿让别人用人格,而不是别的抵押品作担保。
  • Res judicata and collateral estoppel may also limit an agency's discretion. 已决事件和间接禁止翻供的事实恐怕也限制机关的自由裁量权。
51 competence NXGzV     
n.能力,胜任,称职
参考例句:
  • This mess is a poor reflection on his competence.这种混乱情况说明他难当此任。
  • These are matters within the competence of the court.这些是法院权限以内的事。
52 evaluation onFxd     
n.估价,评价;赋值
参考例句:
  • I attempted an honest evaluation of my own life.我试图如实地评价我自己的一生。
  • The new scheme is still under evaluation.新方案还在评估阶段。
53 promotion eRLxn     
n.提升,晋级;促销,宣传
参考例句:
  • The teacher conferred with the principal about Dick's promotion.教师与校长商谈了迪克的升级问题。
  • The clerk was given a promotion and an increase in salary.那个职员升了级,加了薪。
54 annually VzYzNO     
adv.一年一次,每年
参考例句:
  • Many migratory birds visit this lake annually.许多候鸟每年到这个湖上作短期逗留。
  • They celebrate their wedding anniversary annually.他们每年庆祝一番结婚纪念日。
55 ideological bq3zi8     
a.意识形态的
参考例句:
  • He always tries to link his study with his ideological problems. 他总是把学习和自己的思想问题联系起来。
  • He helped me enormously with advice on how to do ideological work. 他告诉我怎样做思想工作,对我有很大帮助。
56 applied Tz2zXA     
adj.应用的;v.应用,适用
参考例句:
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
57 appraisals 82b0aba4d96c75b71c09801177d6be82     
估计,估量,评价( appraisal的名词复数 )
参考例句:
  • He had read many detailed critical appraisals of her work. 他读了许多详细评论她的作品的文章。
  • The English themselves are somewhat insular in their literary appraisals. 英国人评价自己的文学,也不免有偏狭处。
58 remarkable 8Vbx6     
adj.显著的,异常的,非凡的,值得注意的
参考例句:
  • She has made remarkable headway in her writing skills.她在写作技巧方面有了长足进步。
  • These cars are remarkable for the quietness of their engines.这些汽车因发动机没有噪音而不同凡响。
59 mediation 5Cxxl     
n.调解
参考例句:
  • The dispute was settled by mediation of the third country. 这场争端通过第三国的斡旋而得以解决。
  • The dispute was settled by mediation. 经调解使争端得以解决。
60 meritorious 2C4xG     
adj.值得赞赏的
参考例句:
  • He wrote a meritorious theme about his visit to the cotton mill.他写了一篇关于参观棉纺织厂的有价值的论文。
  • He was praised for his meritorious service.他由于出色地工作而受到称赞。
61 citation 1qyzo     
n.引用,引证,引用文;传票
参考例句:
  • He had to sign the proposition for the citation.他只好在受奖申请书上签了字。
  • The court could issue a citation and fine Ms. Robbins.法庭可能会发传票,对罗宾斯女士处以罚款。
62 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
63 demonstration 9waxo     
n.表明,示范,论证,示威
参考例句:
  • His new book is a demonstration of his patriotism.他写的新书是他的爱国精神的证明。
  • He gave a demonstration of the new technique then and there.他当场表演了这种新的操作方法。
64 embezzle 689yI     
vt.贪污,盗用;挪用(公款;公物等)
参考例句:
  • I suppose they embezzle a lot.我想他们贪污了不少。
  • The cashier embezzled $50,000 from the bank and ran away.银行的出纳盗用了五万美元,并且逃跑了。
65 bribes f3132f875c572eefabf4271b3ea7b2ca     
n.贿赂( bribe的名词复数 );向(某人)行贿,贿赂v.贿赂( bribe的第三人称单数 );向(某人)行贿,贿赂
参考例句:
  • It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
  • corrupt officials accepting bribes 接受贿赂的贪官污吏
66 extort KP1zQ     
v.勒索,敲诈,强要
参考例句:
  • The blackmailer tried to extort a large sum of money from him.勒索者企图向他勒索一大笔钱。
  • They absolutely must not harm the people or extort money from them.严格禁止坑害勒索群众。
67 confessions 4fa8f33e06cadcb434c85fa26d61bf95     
n.承认( confession的名词复数 );自首;声明;(向神父的)忏悔
参考例句:
  • It is strictly forbidden to obtain confessions and to give them credence. 严禁逼供信。 来自《现代汉英综合大词典》
  • Neither trickery nor coercion is used to secure confessions. 既不诱供也不逼供。 来自《现代汉英综合大词典》
68 conceal DpYzt     
v.隐藏,隐瞒,隐蔽
参考例句:
  • He had to conceal his identity to escape the police.为了躲避警方,他只好隐瞒身份。
  • He could hardly conceal his joy at his departure.他几乎掩饰不住临行时的喜悦。
69 divulge ImBy2     
v.泄漏(秘密等);宣布,公布
参考例句:
  • They refused to divulge where they had hidden the money.他们拒绝说出他们把钱藏在什么地方。
  • He swore never to divulge the secret.他立誓决不泄露秘密。
70 affected TzUzg0     
adj.不自然的,假装的
参考例句:
  • She showed an affected interest in our subject.她假装对我们的课题感到兴趣。
  • His manners are affected.他的态度不自然。
71 authorization wOxyV     
n.授权,委任状
参考例句:
  • Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。
  • You cannot take a day off without authorization.未经批准你不得休假。
72 necessitated 584daebbe9eef7edd8f9bba973dc3386     
使…成为必要,需要( necessitate的过去式和过去分词 )
参考例句:
  • Recent financial scandals have necessitated changes in parliamentary procedures. 最近的金融丑闻使得议会程序必须改革。
  • No man is necessitated to do wrong. 没有人是被迫去作错事的。
73 aggregated wzCzcx     
a.聚合的,合计的
参考例句:
  • He aggregated her to a political party. 他吸收她参加一政党。
  • The audiences aggregated a million people. 观众总数达100万人。
74 rectification NUwx3     
n. 改正, 改订, 矫正
参考例句:
  • The process of producing a shift of the average value is called rectification. 产生平均值移动的过程叫做整流。
  • This effect, in analogy to its radiofrequency counterpart, is known as optical rectification. 同它的射频对应物相仿,这种现象称为光学整流。
75 functionaries 90e939e920ac34596cdd9ccb420b61fe     
n.公职人员,官员( functionary的名词复数 )
参考例句:
  • The Indian transmitters were court functionaries, not missionaries. 印度文化的传递者都是朝廷的官员而不是传教士。 来自辞典例句
  • All government institutions functionaries must implement state laws, decrees and policies. 所有政府机关极其工作人员都必须认真执行国家的法律,法规和政策。 来自互联网
76 infringing 9830a3397dcc37350ee4c468f7bfe45a     
v.违反(规章等)( infringe的现在分词 );侵犯(某人的权利);侵害(某人的自由、权益等)
参考例句:
  • The material can be copied without infringing copyright. 这份材料可以复制,不会侵犯版权。
  • The media is accused of infringing on people's privacy. 人们指责媒体侵犯了大家的隐私。 来自《简明英汉词典》
77 interferes ab8163b252fe52454ada963fa857f890     
vi. 妨碍,冲突,干涉
参考例句:
  • The noise interferes with my work. 这噪音妨碍我的工作。
  • That interferes with my plan. 那干扰了我的计划。
78 lodges bd168a2958ee8e59c77a5e7173c84132     
v.存放( lodge的第三人称单数 );暂住;埋入;(权利、权威等)归属
参考例句:
  • But I forget, if I ever heard, where he lodges in Liverpool. 可是我记不得有没有听他说过他在利物浦的住址。 来自辞典例句
  • My friend lodges in my uncle's house. 我朋友寄居在我叔叔家。 来自辞典例句
79 accusation GJpyf     
n.控告,指责,谴责
参考例句:
  • I was furious at his making such an accusation.我对他的这种责备非常气愤。
  • She knew that no one would believe her accusation.她知道没人会相信她的指控。
TAG标签:
发表评论
请自觉遵守互联网相关的政策法规,严禁发布色情、暴力、反动的言论。
评价:
表情:
验证码:点击我更换图片