在省、自治区内按地区设立的和在直辖市内设立的中级人民法院院长，由省、自治区、直辖市人民代表大会常务委员会根据主任会议的提名决定任免，

The appointment or removal of the presidents of the intermediate People's Courts set up in prefectures of the provinces or autonomous regions or set up in the municipalities directly under the Central Government shall be decided on by the standing committees of the people's congresses of the provinces, autonomous regions or municipalities directly under the Central Government on the basis of the nominations made by the respective councils of chairmen.

副院长、审判委员会委员、庭长、副庭长和审判员由高级人民法院院长提请省、自治区、直辖市的人民代表大会常务委员会任免。

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 recommendations of the presidents of the higher People's Courts.

在民族自治地方设立的地方各级人民法院院长，由民族自治地方各级人民代表大会选举和罢免，

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.

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。

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 recommendations of the presidents of those courts.

人民法院的助理审判员由本院院长任免。

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

军事法院等专门人民法院院长、副院长、审判委员会委员、庭长、副庭长和审判员的任免办法，由全国人民代表大会常务委员会另行规定。

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.

第十二条  初任审判员、助理审判员采用公开考试、严格考核的办法，按照德才兼备的标准，从具备法官条件的人员中择优提出人选。

Article 12 Persons to be appointed judges or assistant judges for the first time shall be selected through public examination and strict appraisal, from among the best qualified for the post, and in accordance with the standards of having both ability and political integrity.

担任院长、副院长、审判委员会委员、庭长、副庭长，应当从具有实际工作经验的人员中择优提出人选。

Persons to be appointed presidents, vice-presidents, members of the judicial committees, chief judges, associate chief judges of divisions shall be selected from among those who are experienced in practical work.

第十三条  法官有下列情形之一的，应当依法提请免除其职务：

Article 13 If a judge is found to be in any of the following circumstances, a report shall be submitted according to law concerning the removal of his or her post:

（一）丧失中华人民共和国国籍的；

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

（二）调出本法院的；

(2) having been transferred out of this court;

（三）职务变动不需要保留原职务的；

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

（四）经考核确定为不称职的；

(4) being determined to be incompetent in the post through appraisal;

（五）因健康原因长期不能履行职务的；

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

（六）退休的；

(6) having retired from the post;

（七）辞职、辞退的；

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

（八）因违纪、违法犯罪不能继续任职的；

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

（九）因其他原因需要免职的。

(9) other circumstances that call for removal of the post.

第十四条  法官不得兼任人民代表大会常务委员会的组成人员，不得兼任行政机关、检察机关以及企业、事业单位的职务，不得兼任律师。

Article 14 No judges may concurrently 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.

第六章  任职回避

CHAPTER VI POSTS TO BE AVOIDED

第十五条  法官之间有夫妻关系、直系血亲关系、三代以内旁系血亲以及近姻亲关系的，不得同时担任下列职务：

Article 15 Judges who are connected by husband-wife relationship, or who are directly related by blood, collateral related within three generations, or closely related by marriage may not, at the same time, hold the following posts:

（一）同一人民法院的院长、副院长、审判委员会委员、庭长、副庭长；

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

（二）同一人民法院的院长、副院长和审判员、助理审判员；

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

（三）同一审判庭的庭长、副庭长、审判员、助理审判员；

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

（四）上下相邻两级人民法院的院长、副院长。

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

第七章 

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