(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;

（二）依法审判案件不受行政机关、社会团体和个人的干涉；

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

（三）非因法定事由、非经法定程序，不被免职、降职、辞退或者处分；

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

（四）获得劳动报酬，享受保险、福利待遇；

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

（五）人身、财产和住所安全受法律保护；

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

（六）参加培训；

(6) to receive training;

（七）提出申诉或者控告；

(7) to lodge petitions or complaints; and

（八）辞职。

(8) to resign their posts.

第四章  法官的条件

CHAPTER IV QUALIFICATIONS FOR A JUDGE

第九条  担任法官必须具备下列条件：

Article 9 A judge must possess the following qualifications:

（一）具有中华人民共和国国籍；

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

（二）年满二十三岁；

(2) to have reached the age of 23;

（三）拥护中华人民共和国宪法；

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

（四）有良好的政治、业务素质和良好的品行；

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

（五）身体健康；

(5) to be in good health; and

（六）高等院校法律专业毕业或者高等院校非法律专业毕业具有法律专业知识，工作满二年的；或者获得法律专业学士学位，工作满一年的；获得法律专业硕士学位、法律专业博士学位的，可以不受上述工作年限的限制。

(6) to have worked for at least two years in the case of graduates from law specialties of colleges or universities or from non-law specialties of colleges or universities but possessing the professional knowledge of law; or to have worked for at least one year in the case of Bachelors of Law; those who have Master's Degree of Law or Doctor's Degree of Law may be not subject to the abovementioned requirements for the number of years set for work.

本法施行前的审判人员不具备前款第（六）项规定的条件的，应当接受培训，在规定的期限内达到本法规定的条件，具体办法由最高人民法院制定。

The judicial personnel who do not possess the qualifications as provided by sub-paragraph (6) of the preceding paragraph prior to the implementation of this Law shall receive training so as to meet the qualifications as provided by this Law within a prescribed time limit. The specific measures shall be laid down by the Supreme People's Court.

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:

（一）曾因犯罪受过刑事处罚的；

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

（二）曾被开除公职的。

(2) to have been discharged from public employment.

第五章  任  免

CHAPTER V APPOINTMENT AND REMOVAL

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.

最高人民法院院长由全国人民代表大会选举和罢免，副院长、审判委员会委员、庭长、副庭长和审判员由最高人民法院院长提请全国人民代表大会常务委员会任免。

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 recommendation of the President of the Supreme People's Court.

地方各级人民法院院长由地方各级人民代表大会选举和罢免，副院长、审判委员会委员、庭长、副庭长和审判员由本院院长提请本级人民代表大会常务委员会任免。

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