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Chapter III Trial Organization
第三章 審判組織
Article 40 The people's court of first instance shall try civil cases by a collegial panel composed of both judges and judicial assessors or of judges alone.
第四十條 人民法院審理第一審民事案件，由審判員、陪審員共同組成合議庭或者由審判員組成合議庭。
The collegial panel must have an odd number of members.
合議庭的成員人數，必須是單數。
Civil cases in which summary procedure is followed shall be tried by a single judge alone.
適用簡易程序審理的民事案件，由審判員一人獨任審理。
"When performing their duties, the judicial assessors shall have equal rights and obligations as the judges."
陪審員在執行陪審職務時，與審判員有同等的權利義務。
Article 41 The people's court of second instance shall try civil cases by a collegial panel of judges.
第四十一條 人民法院審理第二審民事案件，由審判員組成合議庭。
The collegial panel must have an odd number of members.
合議庭的成員人數，必須是單數。
"For the retrial of a remanded case, the people's court of first instance shall form a new collegial panel in accordance with the procedure of first instance."
發回重審的案件，原審人民法院應當按照第一審程序另行組成合議庭。
" If a case for retrial was originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; "
審理再審案件，原來是第一審的，按照第一審程序另行組成合議庭；
"if the case was originally tried at second instance or was brought by a people's court at a higher level to it for trial, a new collegial panel shall be formed according to the procedure of second instance."
原來是第二審的或者是上級人民法院提審的，按照第二審程序另行組成合議庭。
"Article 42 The president of the court or the chief judge of a division of the court shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in the trial, he himself shall serve as the presiding judge."
第四十二條 合議庭的審判長由院長或者庭長指定審判員一人擔任；院長或者庭長參加審判的，由院長或者庭長擔任。
"Article 43 When deliberating a case, a collegial panel shall observe the rule of majority. "
第四十三條 合議庭評議案件，實行少數服從多數的原則。
"The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel."
評議應當制作筆錄，由合議庭成員簽名。
Dissenting opinions in the deliberations must be truthfully entered in the transcript.
評議中的不同意見，必須如實記入筆錄。
Article 44 The judicial officers shall deal with all cases impartially and in accordance with the law.
第四十四條 審判人員應當依法秉公辦案。
The judicial officers shall not accept any treat or gift from the parties or their agents ad litem.
審判人員不得接受當事人及其訴訟代理人請客送禮。
"Any judicial officer who commits embezzlement, accepts bribes, engages in malpractice for personal benefits or who perverts the law in passing judgment shall be investigated for legal responsibility; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to the law."
審判人員有貪污受賄，徇私舞弊，枉法裁判行為的，應當追究法律責任；構成犯罪的，依法追究刑事責任。
