（一）在年度考核中，连续两年确定为不称职的；

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

（二）不胜任现职工作，又不接受另行安排的；

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

（三）因审判机构调整或者缩减编制员额需要调整工作，本人拒绝合理安排的；

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

（四）旷工或者无正当理由逾假不归连续超过十五天，或者一年内累计超过三十天的；

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

（五）不履行法官义务，经教育仍不改正的。

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

第三十九条  辞退法官应当依照法律规定的程序免除其职务。

Article 39 A judge who is dismissed shall be removed from the post in cordance with the procedures as provided by law.

第十四章  退  休

CHAPTER XIV RETIREMENT

第四十条  法官的退休制度，根据审判工作特点，由国家另行规定。

Article 40 The retirement system regarding judges shall, in light of the characteristics of judicial work, be formulated separately by the State.

第四十一条  法官退休后，享受国家规定的养老保险金和其他待遇。

Article 41 After retirement judges shall enjoy the insurance of oldage pension and other benefits as prescribed by the State.

第十五章  申诉控告

CHAPTER XV PETITION AND COMPLAINT

第四十二条  法官对人民法院关于本人的处分不服，自收到处分决定之日起三十日内可以向原处理机关申请复议，并有权向原处理机关的上级机关申诉。

Article 42 If a judge disagrees with the sanction given to him or her by a People's Court, he or she may, within thirty days from the date of receiving the decision on the sanction, apply for reconsideration to the organ which handled the case and shall have the right to appeal to the organ at a level higher than the organ which handled the case.

受理申诉的机关必须按照规定作出处理。

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

复议和申诉期间，不停止对法官处分决定的执行。

Execution of a decision on a sanction given to a judge shall not be suspended during the period of reconsideration or petition.

第四十三条  对于国家机关及其工作人员侵犯本法第八条规定的法官权利的行为，法官有权提出控告。

Article 43 If a State organ or any of its functionaries commits an act infringing upon the rights of a judge as provided by Article 8 of this Law, the judge shall have the right to make a complaint.

行政机关、社会团体或者个人干涉法官依法审判案件的，应当依法追究其责任。

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

第四十四条  法官提出申诉和控告，应当实事求是。对捏造事实、诬告陷害的，应当依法追究其责任。

Article 44 The petition or complaint made by a judge shall be true to facts. If a judge makes up a story or lodges a false accusation against an innocent person, he or she shall be investigated for responsibility according to law.

第四十五条  对法官处分错误的，应当及时予以纠正；造成名誉损害的，应当恢复名誉、消除影响、赔礼道歉；

Article 45 Where a sanction given to a judge 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;

造成经济损失的，应当赔偿。对打击报复的直接责任人员，应当依法追究责任。

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.

第十六章  法官考评委员会

CHAPTER XVI COMMISSION FOR EXAMINATION AND ASSESSMENT OF JUDGES

第四十六条  人民法院设法官考评委员会。

Article 46 A People's Court shall establish a commission for examination and assessment of judges.

法官考评委员会的职责是指导对法官的培训、考核、评议工作。具体办法另行规定。

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

最高人民法院法官考评委员会依照本法第十二条的规定，组织初任审判员、助理审判员的全国统一考试。

The commission for examination and assessment of judges of the Supreme People's Court shall, in accordance with the provisions of Article 12 of this Law, organize unified national examination for judges and assistant judges to be appointed as such for the first time.

第四十七条  法官考评委员会的组成人员为五至九人。

Article 47 The number of persons on a commission for examination and assessment of judges shall be five to nine.

法官考评委员会主任由本院院长担任。

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

第十七章  附  则

CHAPTER XVII SUPPLEMENTARY PROVISIONS

第四十八条  对人民法院的执行员，参照本法有关规定进行管理。

Article 48 The executors of the People's Courts shall be administered with reference to the relevant provisions of this Law.

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