中华人民共和国法官职业道德基本准则

The Code of Judicial Ethics for Judges of the People's Republic of China

造就一支政治坚定、业务精通、作风优良、清正廉洁、品德高尚的法官队伍，是依法治国、建设社会主义法治国家的重要条件，是人民法院履行宪法和法律职责的重要保障。

To train a group of high-quality judges with firm political position, professional conversance, good conduct and honesty is an important condition for the rule of law and the construction of a socialist country ruled by law and is also an important safeguard for the people's court to implement the Constitution and exercise judicial functions.

法官具有良好的职业道德，对于确保司法公正、维护国家法治尊严至关重要。

The high standard judicial ethics of judges is very important to ensure judicial impartiality and to protect the authority and dignity of the Judiciary.

为规范和完善法官职业道德标准，提高法官职业道德素质，维护法官和人民法院的良好形象，根据《中华人民共和国法官法》和国家其他有关规定制定本准则。

This code is enacted in accordance with the Judges Law of the People's Republic of China and other relevant regulations to regulate and improve the standard of judicial ethics for judges, to enhance the professional quality of judges and maintain the good image of judges and the people's court.

一、保障司法公正

Chapter 1: Safeguard Judicial Impartiality

第一条 法官在履行职责时，应当切实做到实体公正和程序公正，并通过自己在法庭内外的言行体现出公正，避免公众对司法公正产生合理的怀疑。

Article 1.  A judge should strive to achieve substantial impartiality and procedural impartiality in performing his duties. A judge should appear to be impartial through his words and conduct so as to avoid any reasonable doubt from the public upon judicial impartiality.

第二条 法官在履行职责时，应当忠实于宪法和法律，坚持和维护审判独立的原则，不受任何行政机关、社会团体和个人的干涉，不受来自法律规定之外的影响。

Article 2.  A judge should perform his duties in accordance with the Constitution and other laws and on the principle of judicial independence. A judge should perform his duties with no interference from administrative departments, social organisations or individuals and no influence other than the influence from laws.

第三条 法官在审判活动中，除了应当自觉遵守法定回避制度外，如果认为自己审理某案件时可能引起公众对该案件公正裁判产生合理怀疑的，应当提出不宜审理该案件的请求。

Article 3.  During the trial process the judge shall abide by recusation principle.  A judge shall disqualify himself mi a lawsuit in which the judge's impartiality might reasonably be questioned.

第四条 法官应当抵制当事人及其代理人、辩护人或者案外人利用各种社会关系的说情，并按照有关规定处理。

Article 4.  A judge should resist the influence from the parties, attorney, defendants and other people or through their social contacts and should handle the situation according to relevant regulations

第五条 法官不得违背当事人的意愿，以不正当的手段迫使当事人撤诉或者接受调解。

Article 5.  A judge should not, against the will of the parties, use improper means to force the parties to withdraw the proceeding or accept mediation.

第六条 法官应当公开并且客观地审理案件，自觉接受公众监督。但是，法律规定不公开或者可以不公开审理的除外。

Article 6.  A judge should make all the judgements openly and objectively and accept the supervision from the public. This proscription does not extend to the cases cannot be opened or cannot have an open trial according to law.

第七条 法官在审判活动中，应当独立思考、自主判断，敢于坚持正确的意见。

Article 7.  During the process of a lawsuit, a Judge should reason and adjudicate independently and insist the right opinion.

第八条 法官在审判活动中，不得私自单独会见一方当事人及其代理人。

Article 8.  During the process of a lawsuit, a Judge should not meet one party or his or her agent without authorisation.

第九条 法官在审判活动中，应当避免主观偏见、滥用职权和忽视法律等情形的发生。

Article 9.  A judge should avoid prejudice, misuse of his function and neglect of law in performing his duties.

第十条 法官在履行职责时，应当平等对待当事人和其他诉讼参与人，不得以其言语和行为表现出任何歧视，并有义务制止和纠正诉讼参与人和其他人员的任何歧视性言行。

Article 10.  A judge should treat all the parties and participants of the proceeding equally in performing his duties.  The judge should not by words or conduct manifest any discrimination. The judge has the responsibility to stop and correct any discriminatory words or conduct by any participants or other people.

法官应当充分注意到由于当事人和其他诉讼参与人的民族、种族、性别、职业、宗教信仰、教育程度、健康状况和居住地等因素而可能产生的差别，保障诉讼各方平等、充分地行使诉讼权利和实体权利。

A judge should be fully aware of the possible differences may arise from nationality, race, sex, profession, religion, education level, health, residence and other factors and shall safeguard the equally and fully implementation of the litigation right and other rights of all the parties.

第十一条 法官审理案件应当保持中立。

Article 11.  A judge should be neutral during the trial. 

法官在宣判前，不得通过言语、表情或者行为流露自己对裁判结果的观点或者态度。

Before the judgment is rendered, a judge should not express his views or attitude towards the judgement through his words, expression or conduct.

法官调解案件应当依法进行，并注意言行审慎，避免当事人和其他诉讼参与人对其公正性产生合理的怀疑。

A judge should adjudicate according to law and be careful with his words and conduct during the proceedings so as to avoid any reasonable doubts upon his neutrality from the parties and other participants.

第十二条 法官对与当事人实体权利和诉讼权利有关的措施和裁判应当依法说明理由，避免主观、片面地作出结论或者采取措施。

Article 12.  A judge should specify the reasons for the measures and judgement relating to the substantial rights and litigating right of the parties. A judge should not make a conclusion or take any measures subjectively and unilaterally.

第十三条 法官应当尊重其他法官对审判职权的独立行使，并做到：

Article 13.  A judge should respect the right of other judges to perform their duties independently and:

（一）除非基于履行审判职责或者通过适当的程序，不得对其他法官正在审理的案件发表评论，不得对与自己有利害关系的案件提出处理建议和意见；

(1) should not give any comments on the lawsuits being handled by other court or give any suggestions or opinions on a lawsuit in which he has personal interests. This proscription does not extend to the situation when the judge is exercising his judicial duties or is giving comments or suggestions thro

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