Draft Code of Conduct for Judges is being solicited for comments by the Supreme People’s Court. In this draft, behaviors that Judges are prohibited from engaging in are regulated, including the following acts:
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FULL TEXT OF THE DRAFT CODE OF CONDUCT FOR JUDGES
When Judges perform their functions and duties:
- Actions prohibited for Communist Party members;- Actions prohibited by law for officials;- Advising the accused, defendants, litigants, or other participants in proceedings in a manner that improperly influences the resolution of cases or other matters according to legal regulations;- Illegally intervening in the resolution of cases or leveraging one’s influence to impact persons responsible for resolving cases;- Removing case files or materials from the office unless required by duty or approved by an authorized individual;- Meeting with the accused, litigants, or other participants in a case under their jurisdiction outside the designated areas;- Harassing, delaying, causing difficulties or inconvenience for those conducting proceedings and participants in proceedings;- Distorting case files, the resolution results of cases; issuing decisions, judgments against the law; compelling or suggesting legal practitioners and participants in proceedings to present facts according to one's subjective wishes or those of others;- Disclosing state secrets, work secrets of oneself and other court officials and officials from other sectors;- Disclosing professional secrets, business secrets, private secrets of the accused, defendants, litigants, and other participants in proceedings, except where otherwise provided by law.
When Judges conduct themselves at the office, unit:
- Abusing power or exceeding authority;- Shifting responsibility onto others;- Oppressing officials and civil servants;- Violating the working regulations of the office unit;- Exploiting suggestions, criticism to harm the honor, reputation of leaders, managers, and colleagues;- Violating the working regulations of the office unit.
Conduct towards media agencies:
- Not expressing opinions on the resolution of cases before judgments, decisions are issued;- Not providing judgments, decisions to agencies, organizations with work relations and press, media, except via public disclosure of judgments, decisions of the Court as stipulated by law.
Conduct at place of residence:
- Not illegally intervening in the activities of agencies, organizations, individuals at the residence;- Not engaging in, inciting, instigating, or covering up illegal activities.
Conduct with family:
- Preventing parents, spouses, children, siblings from exploiting one’s title for personal and family gain;- Not organizing weddings, funerals, celebrations, birthdays, housewarming parties, and other luxurious or wasteful events for gain.
Conduct in public places:
- Not exploiting one's position, authority for personal gain when participating in social activities;- Not assisting or covering up acts of law violations.
