Provisions of the Supreme People's Court on Certain Issues of Implementing the Challenge System in the Litigation Activities by Adjudicating Personnel

Fa Shi [2011] No.12

June 10, 2011

Provisions of the Supreme People's Court on Certain Issues of Implementing the Challenge System in the Litigation Activities by Adjudicating Personnel which were adopted at the 1517th meeting of the Judicial Committee of the Supreme People's Court on April 11, 2011 are hereby issued and shall come into effect on June 13, 2011.

Provisions of the Supreme People's Court on Certain Issues of Implementing the Challenge System in the Litigation Activities by Adjudicating Personnel

(Adopted at the 1517th meeting of the Judicial Committee of the Supreme People's Court on April 11, 2011)

In order to further regulate the act of withdrawing from litigation by adjudicating personnel and maintain the impartiality of administration of justice, these Provisions are formulated in accordance with the Law of the People's Republic of China on the Organization of the People's Courts, the Adjudicating personnel Law of the People's Court, the Civil Procedure Law of the People's Republic of China, and the Criminal Procedure Law of the People's Republic of China, the Law of the People's Republic of China on Administrative Proceedings and other laws and in light of trial practices of the people's courts.

Article 1 under any of the following circumstances, a adjudicating personnel shall withdraw himself and the parties involved and their statutory agents shall have the right to apply orally or in writing to disqualify the adjudicating personnel:
1. Where the adjudicating personnel are a party to the case or are a close relative of any of the parties to the case;
2. Where the adjudicating personnel or any of his close relatives have an interest in the case;
3. Where the adjudicating personnel serve as the witness, interpreter, expert witness, examiner, agent ad litem or defender of the case;
4. Where the adjudicating personnel are the spouse, parent, child or sibling of the agents ad litem or defender of the case; or
5. Where the adjudicating personnel have any other interest in any of the parties to the case which is likely to affect the impartial trial of the case.
The term "close relative" as used herein includes the spouse, direct relatives, collateral relatives within three generations, and relatives by marriage of adjudicating personnel.

Article 2 Any of the parties to a case and his or its statutory agent who discover that any adjudicating personnel fall under any of the following circumstances in violation of the applicable provisions shall have the right to apply to disqualify the adjudicating personnel:
1. Where the adjudicating personnel meet in private with any of the parties to the case and his or its agent ad litem or defender;
2. Where the adjudicating personnel recommend or introduce agent ad litem or defender for any party to the case or introduce lawyers or other people to handle the case;
3. Where the adjudicating personnel seek or accepts property or other interests from any party to the case or his or its authorized person, or requires any party to the case or hit or its authorized person to reimburse expenses;
4. Where the adjudicating personnel accept the dinner given by any party to the case or his or its authorized person, or participate in various activities at the expense of such party or the authorized person;
5. Where the adjudicating personnel borrow money from any party to the case or his or its authorized person, borrow transport tools, communication tools or other articles, or seek or accept benefits from any party to the case or his or its authorized person in terms of purchasing goods, decorating houses and other areas; or
6. Where the adjudicating personnel have any other illegal acts which are likely to affect the impartial trial of the case.


Article 3 Any adjudicating personnel who have participated in the trial of a case during the trial process shall not participate in the trial of the case in any other procedure. However, if a case which is remanded for a new trial after going through the proceedings of second instance proceeds into the proceedings of second instance after the court of first instance makes a judgment, the members of the collegial panel during the proceedings of second instance are not limited by this Article.

Article 4 If any adjudicating personnel who shall be disqualified fail to withdraw himself and any party to the case in question or his or its statutory agent fails to apply to disqualify him, the president of the court or the judicial committee shall decide to disqualify him.

Article 5 The people's court shall, in accordance with the law, inform any party to the case and his or its statutory agent of their rights to apply to disqualify a adjudicating personnel and the relevant information such as the members of the collegial panel and the name and duty of clerks.

Article 6 When mediating a case, the people's court shall inform any party to the case and his or its statutory agent of their right to apply to disqualify adjudicating personnel and the relevant information such as the name and duty of adjudicating personnel who preside over the mediation work and other people who participate in the mediation work.

Article 7 If the people's court of second instance deems that the people's court of first instance has tried a case in violation of Articles 1to 3 hereof, the people's court of second instance shall make a ruling to rescind the original judgment and remand the case to the original people's court for a new trial.

Article 8 Any adjudicating personnel and other personnel of the court shall not act as an agent ad litem or defender in the capacity of a lawyer within 2 years after leaving his post in the people's court.
Any adjudicating personnel and other personnel of the court shall not act as an agent ad litem or defender for any case tried by the former court after leaving his post in the people's court, except where he, as a guardian or close relative of any party to a case, representing or defending for such party in litigation.
The term "leaving the post" as used in this Article includes retirement, transfer, removal from office, resignation, lay-off, dismissal and other circumstances in which the post is left.
The term" the former court" as used in this Article includes all courts in which adjudicating personnel and other personnel of the court used to hold a post.

Article 9 the spouse, children or parents of any adjudicating personnel or other personnel of the court shall not act as an agent ad litem or defender in any case tried by the court in which the adjudicating personnel or personnel holds a post.

Article 10 If the people's court discovers that any agent ad litem or defender violates the provisions of Articles 8 and 9 hereof, it shall order him or her to stop the relevant litigation representation or defense activities.

Article 11 Any party to a case or his or its statutory agent, agent ad litem, or defender who deems that any adjudicating personnel commit an act in violation of these Provisions may report the same to the discipline department, supervision department or other relevant department of the people's court. The people's court which receives the report shall deal with the matter promptly and give relevant opinions back to the informant.

Article 12 Any adjudicating personnel who fail to withdraw himself while knowing that he falls under any of the circumstances specified in Articles 1 to 3 hereof shall be punished in accordance with the Regulations on the Punishment of Personnel in the People's Court.
Any adjudicating personnel who, while knowing that an agent ad litem or defender falls under any of the circumstances specified in Article 8 and 9 hereof, fail to order him to stop the relevant litigation representation or defense activities shall be punished in accordance with the Regulations on the Punishment of Personnel in the People's Court.

Article 13 The term "adjudicating personnel" as used herein includes the president and vice president of the people's court, the members of the judicial committee, the director and deputy director of the tribunal, judge and assistant judge.
The term "other personnel of the court" as used herein refers to personnel on the regular payroll other than adjudicating personnel.

Article 14 Jurors, clerks and enforcement officers shall be governed the relevant provisions on the withdrawal of judges, but if they do not belong to personnel specified in Article 13 hereof, they shall not be governed by the provisions of Articles 8 and 9 hereof.

Article 15 From the date on which these Provisions comes into effect, the Certain Provisions of the Supreme People's Court on Strictly Implementing the Challenge System by Adjudicating Personnel (Fa Fa [2000] No.5) shall be repealed immediately. If there is any discrepancy between the judicial interpretations issued by the Supreme People's Court before these Provisions comes into effect and these Provisions, these Provisions shall prevail.