Citizen Judges Act (Act on Criminal Trials with the participation of Citizen Judge (Guomin Faguan)) Article 35

The court shall rule to dismiss a citizen judge or an alternate citizen judge ex officio or upon the written petition submitted by the parties of the case, the defense attorney, or the assistant where there exists any of the following circumstances:1. Where the citizen judge or alternate citizen judge lacks the necessary qualifications set forth in Article 12, Paragraph 1, or where there exists a ground of ineligibility set forth in Articles 13 to 15;2. Where the citizen judge or alternate citizen judge fails to make an affirmation in accordance with the provisions of this Act;3. Where the citizen judge or alternate citizen judge makes a false statement to the questions asked during the selection process, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties;4. Where the citizen judge or alternate citizen judge fails to participate in the entirety of the proceedings on the trial dates or final deliberation in accordance with the provisions of this Act, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties ;5. Where the citizen judge or alternate citizen judge fails to follow the orders given by the presiding judge and disrupts the legal proceedings on the trial dates or final deliberation, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties ;6. Where the citizen judge or alternate citizen judge jeopardizes the fairness and credibility of the judiciary or discloses confidential information, which constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties;7. Where a situation attributable to the citizen judge or alternate citizen judge constitutes sufficient grounds to determine that it is inappropriate for him or her to continue performing the duties; or8. Where the citizen judge or alternate citizen judge cannot perform his or her duties or it is inappropriate for him or her to perform the duties due to a force majeure event.Before making a ruling in accordance with the preceding paragraph, the court shall hear the opinions of the parties of the case, the defense attorney, or the assistant of the accused and offer the citizen judge or alternate citizen judge concerned an opportunity to state his or her opinion, and this proceeding shall be held in private.The parties of the case, the defense attorney, or the assistant of the accused may petition for the ruling made pursuant to Paragraph 1 of this article to be revoked and for the court to make a new ruling in its place.The petition made pursuant to the preceding paragraph shall be ruled by another tribunal of the same court. The litigation proceedings shall be suspended pending the ruling on the said petition.The ruling to be made pursuant to the preceding paragraph shall be made immediately. The tribunal shall revoke the original ruling and make its own ruling if it deems the petition meritorious.No interlocutory appeal may be filed against a ruling made under paragraph 4 of this article.