FOREWORD:
1. Ought the Indian Judiciary adhere to a similar Code of Conduct--moreso, in view of the widely reported empirical findings of the Transparency International to the effect that the subordinate judiciary in India is the second most corrupted organ of the State?
2. This code is enacted in accordance with the Judges Law of the People's Republic of China and other relevant regulations to regulate and improve the standard of judicial ethics for judges, to enhance the professional quality of judges and maintain the good image of judges and the people's court.
THE CODE OF JUDICIAL ETHICS
(for Judges of the People's Republic of China)
Chapter 1:
Safeguard Judicial Impartiality
Article 1. A judge should strive to achieve substantial impartiality and procedural impartiality in performing his duties. A judge should appear to be impartial through his words and conduct so as to avoid any reasonable doubt from the public upon judicial impartiality.
Article 2. A judge should perform his duties in accordance with the Constitution and other laws and on the principle of judicial independence. A judge should perform his duties with no interference from administrative departments, social organisations or individuals and no influence other than the influence from laws.
Article 3. During the trial-process the judge shall abide by recusation principle. A judge shall disqualify himself from a lawsuit in which the judge's impartiality might reasonably be questioned.
Article 4. A judge should resist the influence from the parties, attorneys, defendants and other people or through their social contacts, and should handle the situation according to relevant regulations
Article 5. A judge should not, against the will of the parties, use improper means to force the parties to withdraw the proceedings or accept mediation.
Article 6. A judge should make all the judgments openly and objectively and accept the supervision from the public. This proscription does not extend to those cases which cannot be opened or cannot have an open-trial according to law.
Article 7. During the process of a lawsuit, a Judge should reason and adjudicate independently and insist upon the right opinion.
Article 8. During the process of a lawsuit, a Judge should not meet one party or his or her agent without authorisation.
Article 9. A judge should avoid prejudice, misuse of his functions and neglect of law in performing his duties.
Article 10. A judge should treat all the parties and participants of the proceedings equally, in performing his duties. The judge should not, by words or conduct, manifest any discrimination. The judge has the responsibility to stop and correct any discriminatory words or conduct by any participant or other person.
A judge should be fully aware of the possible differences--which may arise from nationality, race, sex, profession, religion, education-level, health, residence and other factors and shall safeguard the equally and full implementation of the litigation right and other rights of all the parties.
Article 11. A judge should be neutral during the trial. Before the judgment is rendered, a judge should not express his views or attitude towards the judgment through his words, expression or conduct.
A judge should adjudicate according to law and be careful with his words and conduct during the proceedings so as to avoid any reasonable doubts upon his neutrality from the parties and other participants.
Article 12. A judge should specify the reasons for the measures and judgment relating to the substantial rights and litigating right of the parties. A judge should not make a conclusion or take any measure subjectively and unilaterally.
Article 13. A judge should respect the right of other judges to perform their duties independently and:
(1) should not give any comments on the lawsuits being handled by other court or give any suggestions or opinions on a lawsuit in which he has personal interest. This proscription does not extend to the situation when the judge is exercising his judicial duties or is giving comments or suggestions through proper procedures,
(2) should not ask about or interfere in the lawsuits being handled by the subordinate courts without authorisation.
(3) should not issue his personal views to the superior courts about the second instance cases.
Article 14. A judge should not ask for information about the lawsuits being handled by other judges unless he is performing adjudicative or administrative duties.
A judge should not disclose or provide information about a lawsuit, the ways to contact the judge-in-charge or other related information to the parties, attorneys and defendants. A judge should not introduce or contact the judge-in-charge to/for the parties, attorneys and defendants.
Article 15. A judge should avoid improper influence from the media or the public during the process of the lawsuit.
Article 16. A judge should refrain from giving any comments in public or to the media, which is detrimental to the seriousness and authority of a valid judgment. If a judge thinks there is something wrong with a valid judgment or the trial-process, he may report to the President of the court or report to the relevant superior Courts.
Article 17. A judge having definite evidence to believe other Judges have violated or may violate the professional ethics for judges, or that the other judicial personnel may or have already violated their professional ethics, and that these conducts may influence the Judicial impartiality, should take appropriate measures or inform the relevant authorities.
Chapter 2:
Enhance Judicial Efficiency
Article 18. A judge should be diligent and devoted to the performance of his duties. A judge's personal matters, schedule or other activities should not conflict with his or her judicial duties.
Article 19. A judge should abide by the time-limit for lawsuits--regulated by law and should accept the case, hear the proceedings and make judgment within the time-limit.
Article 20. A judge should avoid carelessness and delay without proper reason, and dispose his business seriously, promptly and efficiently, and should:
(1) enhance efficiency through proper arrangements of judicial business.
(2) pay enough attention to the performance of all judicial duties and handle every case with the same attention and carefulness and devote reasonably enough time.
(3) with the precondition of high quality of judgment, save time for the parties, attorneys and defendants and pay attention to the efficient cooperation with other judges and staff.
Article 21. A judge should supervise the parties to abide by the procedures and respect all the time-limits--so as to avoid unreasonable or unnecessary delay caused by the parties.
Article 22. A judge should take effective measures to enforce the valid judgment as soon as possible.
Chapter 3:
Keep Honest and Clean
Article 23. A judge is not allowed to use his capacities directly or indirectly to obtain any improper benefit.
Article 24. A judge is not allowed to accept entertainment, money, gifts or other benefits from the parties, attorneys and defendants.
Article 25. A judge is not allowed to participate in commercial or other economic activities which may lead the public to cast doubt on his image of being honest and clean.
Article 26. A judge should handle his personal issues properly, and should not disclose his capacity as a judge intentionally for special treatment. A judge should not use the prestige and influence of a judge to seek personal interests for himself, his relatives or other people.
Article 27. The life-style and standard of a judge and his family should be consistent with their position and income.
Article 28. A judge cannot act as a lawyer or Judicial advisor for enterprises, organisations or individuals at the same time. A judge is not allowed to provide advice or Judicial suggestion on pending cases to the parties, attorneys and defendants.
Article 29. A judge should report his income and property according to relevant regulations.
Article 30. A judge should inform his family members about the requirements for a judge to adhere to judicial conduct and professional ethics, and urge his family members not to violate relevant regulations.
Chapter 4:
Observation of Judicial Decorum
Article 31. A judge should strictly observe the Judicial decorum and keep good appearance and conduct, so as to preserve the authority of the people's court and the good image of the judge.
Article 32. A judge should respect the human dignity of the parties and other participants, and should:
(1) hear the parties and other participants carefully and patiently and should not interrupt or stop a party or other participants (including attorneys)--unless for the reason of protecting the order of the court or because of the requirement of a trial.
(2) use standard, correct and civilized language and should not admonish or say improper words to the parties or other participants.
Article 33. A judge should comply with the rules of the court during the trial and should require all the staff of that court to do so and maintain the dignity of the court, and should:
(1) wear robes or uniform according to relevant regulations, wear badge and keep clean and tidy;
(2) appear to the court on time, do not be absent or late and do not leave early or enter or leave the court at his pleasure;
(3) concentrate on the lawsuit and the hearing, do nothing irrelevant with the lawsuit.
Chapter 5:
Enhance Self-Development/Cultivation
Article 34. A judge should enhance his professionalism and should have high political and professional quality. A judge should implement the Constitution and laws faithfully and serve the people whole-heartedly.
Article 35. A judge should have rich social experience and profound understanding to the social realities.
Article 36. A judge has the right and obligation to be trained and educated and should study the judicial theory and absorb new knowledge diligently so as to improve his abilities and skills of controlling a trial, deciding evidences and writing Judicial documents. A Judge should possess the necessary knowledge and professional ability to perform his functions.
Article 37. A judge should be self-disciplined and without impropriety in his daily life. A judge should cultivate a high standard of moral criteria and act as a model for the observing public and the family-virtues.
Chapter 6:
Limitation of Extra-Judicial Activities
Article 38. The extra judicial activities of a judge should cause no reasonable doubt of the public upon his impartiality and honesty, should not affect the performance of his functions and should not cause negative impact on the trustworthiness of the people's court.
Article 39. A judge should refuse and stop any hobby or conduct which is against the public interest, public order, social virtue and customs, and which may influence the image of judge and his impartiality.
Article 40. A judge should be careful in making social contacts and friends. A judge should carefully handle the contacts with the parties, lawyers and other persons--who may probably influence the image of the judge, so as to avoid the impression to the public that the judge is not impartial or not honest, and avoid the possible confusion and embarrassment in the performance of his functions.
Article 41. A judge should not join any organisation with a nature of evil religion.
Article 42. A judge should not disclose or use the judicial information of a close (in-camera) trial or business secret, personal privacy and other confidential information acquired during the process of a lawsuit.
Article 43. A judge should not join any profit-making organisation or any organisation which might make profit by using the influence of the judge.
Article 44. A judge may participate in academic research and other social activities which are helpful in promoting judicial construction and judicial reform. However, these activities should be in compliance with the law, construct no obstruction to Judicial impartiality and the preservation of judicial authority and will not conflict with the judge's judicial functions.
Article 45. A judge should be cautious in publishing a paper or interview with the media. The judge should not issue any improper comments on specific lawsuits or parties so as to avoid reasonable doubt upon judicial impartiality caused by improper wording.
Article 46. After retirement, a judge should continue to maintain a good image and should avoid the reasonable doubt of the public upon judicial impartiality caused by his improper words or conduct.
Supplementary Provisions
Article 47. The courts at different levels should provide guidance and exercise supervision in the implementation of this code in their own court.
Article 48. The jurors shall be administered by this code when they are exercising judicial functions. The administrative personnel and judicial police shall be administered with reference to the relevant provisions of this code.
Article 49. The Supreme Court will be responsible for the explanation of this code.
Article 50. This code shall come into force as of the date of issue [18 October 2001]
Comments:-
This Code has been Edited a little in order to make it more readable.
The following Judicial Maxims are Universally honoured:
'No one should sit as a Judge in his own cause'.
'None ought to suffer due to an error of the court'.
'Justice should not only be done, but must also be seen to have been done'.
'ubi jus ibi remedium' (where there is a wrong, there ought to be a remedy).