How does a judge decide a case?

Legal analysis: Judges should strictly abide by the Constitution and laws, handle cases fairly according to facts and evidence, adjudicate according to law, prohibit perverting the law, and protect the litigation rights of parties and other participants in litigation according to law. Trial process:

1. Before the formal hearing, the clerk shall find out whether the plaintiff, defendant, third party, agent ad litem, witness, expert witness and interpreter are present at the court, and report to the presiding judge. At the same time, the court discipline was announced, and all participants and observers in the proceedings were informed that they must abide by the discipline.

2. Court investigation;

3. Court debate;

4. Court mediation;

5. sentences.

Legal basis: Judges Law of People's Republic of China (PRC).

Article 10 A judge shall perform the following obligations:

(1) Strictly abide by the Constitution and laws;

(two) handle cases impartially, not bending the law;

(three) to protect the litigation rights of the parties and other participants in litigation according to law;

(four) to safeguard the interests of the state and society, and to safeguard the legitimate rights and interests of individuals and organizations;

(five) to keep state secrets and judicial secrets, and to keep business secrets and personal privacy known in the course of performing their duties;

(6) Accepting legal supervision and mass supervision according to law;

(seven) to explain the law by handling cases according to law, strengthen the concept of the rule of law, and promote the construction of a society ruled by law;

(eight) other obligations stipulated by law.

Article 46 A judge who commits one of the following acts shall be punished; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) corruption, favoritism, perverting the law;

(2) Concealing, forging, tampering with or intentionally destroying evidence and case materials;

(3) divulging state secrets, judicial secrets, commercial secrets or personal privacy;

(4) Deliberately handling cases in violation of laws and regulations;

(five) due to gross negligence, the referee results are wrong and cause serious consequences;

(six) delaying the handling of cases, delaying the work;

(seven) use their powers to seek personal gain for themselves or others;

(eight) accept the interests of the parties and their agents, or meet the parties and their agents in violation of relevant regulations;

(9) Engaging in or participating in profit-making activities in violation of regulations and working part-time in enterprises or other profit-making organizations;

(ten) there are other violations of discipline and law.

The punishment of judges shall be handled in accordance with relevant regulations.