The Paper's reporter Tan Jun correspondent Liu Qin
In order to further improve the management system of judges in the provincial courts, continuously deepen the reform of the judge post system, and establish a dynamic management mechanism for judge posts that can enter and exit, the Hunan Provincial High People's Court recently issued the "Hunan Provincial Judge Posts Withdrawal Implementation Measures (Trial)" (hereinafter referred to as the "Measures"), a total of 26 articles from 7 aspects to clarify the principles, circumstances and specific procedures for the withdrawal of post judges.
The "Measures" stipulate that the withdrawal of posts by post judges includes three situations: applying for withdrawal from posts, naturally withdrawing posts, and retiring posts that should be withdrawn. An application for withdrawal from a post refers to a judge's voluntary application for withdrawal from a post, and where there are legitimate reasons, they may withdraw from the post of judge after approval. In any of the following circumstances, the withdrawal from the post is generally not approved: the amount of entry is less than three years and there is no justifiable reason; as the presiding judge of an important case, the case has not yet been concluded, and it is not appropriate to change the case handler; others must not apply for withdrawal.
Circumstances of natural withdrawal from posts include those who have lost the nationality of the People's Republic of China; those who have been transferred out of the court where they are employed; those who have retired, resigned, or died; those who have been dismissed or dismissed in accordance with law; and those who have been transferred to non-post posts in the courts through the implementation of job exchanges.
Those who should be withdrawn from posts include those who meet the circumstances of recusal from holding office; those who, due to health or other personal reasons, are unable to perform judges' duties normally for more than one year; those who fail to meet the standards in case-handling performance appraisal and are not competent in serving as judges; those who are not suitable to continue to serve as judges due to violations of discipline and law; those who should withdraw from their posts according to the opinions of the Judges Disciplinary Committee; those who refuse to obey the organization's arrangements to work in the posts of judges after making quotas; those whose spouses have moved outside the country (territory) or who have no spouse but whose children have moved outside the country (territory); and whose annual appraisal grade is incompetent. or those who have been assessed as basically competent for two consecutive years; other circumstances such as not being suitable for holding judge positions.
The "Measures" make it clear that where a judge should withdraw from a post, he or she shall no longer exercise the authority of a post judge from the date on which the examination and approval organ approves the withdrawal from the post. Where a judge has objections to a decision involving his or her withdrawal from the post, he or she may apply in writing for review to the party group of the court where he or she is located within 7 days of receiving the decision. The "Measures" also make detailed provisions on the review and supervision of the withdrawal of judges' posts, as well as the transfer of posts after withdrawal.
Editor-in-Charge: Cui Xuan
Proofreader: Liu Wei