Fa [2004] No.129
July 13, 2004
The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the PLA, the Production and Construction Corps branch of the higher people's court of Xinjiang Uygur Autonomous Region:
Recently the Supreme People's Court issued a reply to the question raised by the representatives of the National People's Congress about whether a judge could be engaged by an arbitration commission to act as an arbitrator. Circular on the reply is hereby given:
In accordance with the Judge Law of the People's Republic of China and the Arbitration Law of the People's Republic of China, judges'acting as arbitrators and undertaking the arbitration work of cases are not consistent with the pertinent legal provisions. Such acts exceed the functions of the people's court and the judges, and are disadvantageous in impartially protecting the legitimate rights and interests of litigants according to the law. Thus, no judge may act as an arbitrator. Any judge who is engaged by an arbitration commission to act as an arbitrator shall resign form his (her) position as an arbitrator and within a month terminate the employment relationship.
It is hereby notified.
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