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Judge System

The judge system, a major component of the judiciary, refers to all the rules and institutions related to the election and qualification of judges, forms of election, tenures, rewards and penalties, and salary and compensation of judges. China promulgated a Judge Law on February 28, 1995, which contains 17 chapters and 42 articles.

The judge system, a major component of the judiciary, refers to all the rules and institutions related to the election and qualification of judges, forms of election, tenures, rewards and penalties, and salary and compensation of judges. China promulgated a Judge Law on February 28, 1995, which contains 17 chapters and 42 articles. Judges exercise state judicial power in accordance with law. The Constitution and laws provide for the powers and procedures for appointing and removing judges.

1. Qualifications of Judges

Judges exercise state judicial power in accordance with law. They include presidents and vice presidents of courts at various levels, members of judicial committees, presidents and vice presidents of tribunals, judges and assistant judges. The responsibility of judges is to participate in collegiate panels or be independent judges at trials.

Judges are elected with the following qualifications:

  • A citizen of the People's Republic of China;
  • At least 23 years of age;
  • Supports the Constitution of the People's Republic of China;
  • In good political, professional and moral standing;
  • In good health;
  • A graduate of law from an institution of higher learning, or a non-law graduate from an institution of higher learning with in-depth knowledge of law, with two years of working experience;
  • holders of a bachelor's degree in JD with a full year of working experience;
  • those holding a Master's or Ph.D. degree in JD are not subject to the working-experience limit described above.

Those that have been penalized for crimes or have been dismissed from their public offices shall not be elected judges. In addition, according to the Law on the Organization of People's Courts, presidents, vice presidents, presiding judge and deputy presiding judge of tribunals, judges and assistant judges, as well as People's Assessors shall be citizens with voting rights and rights of being elected, 23 years of age and with legal knowledge.

2. The Appointment and Removal of Judges

The Constitution and laws provide for the powers and procedures for appointing and removing judges.

Presidents of courts at local levels are elected and removed by the People's Congress at the same level and the tenure of the presidents is the same as the People's Congress; the president nominates the vice president, members of the Judicial Committee, presiding judges, deputy presiding judges and judges for appointment and removal by the Standing Committee of the People's Congress at the same level. Assistant judges of a court are appointed and removed by the president of the court. Judges sitting at special courts are elected and removed with procedures separately set forth by the Standing Committee of the National People's Congress.

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