General Situation of China's Cooperation with Foreign Countries in Judicial Assistance

  With the expansion and the deep of China's reform-and-open, due to the cooperation in economy and trading with foreign countries and the more frequently intercommunicating between people, civil and commercial cases and criminal cases involved foreign elements happen from time to time. Some suspects escape to other countries or conceal the great earnings out of his crimes in other countries, and some others commit serious crimes abroad, which greatly damage our country and our people. In order to beat the crimes effectively, prevent the criminals being at large, maintain the normal order of the economy and the society, protect the legal rights and interests of citizens and legal persons, China emphasizes on strengthening cooperation with other countries in judicial field, and has cooperated with foreign countries in the field of judicial assistance since the middle of 1980s.


  Similar to the usual ways of international judicial assistance, China cooperates with foreign countries in fields of judicial assistance, extradition and transference of the condemned criminal mainly through 3 ways for the time being:


  (1) According to concluded bilateral treaties of judicial assistance of China, the extradition and transference of the condemned criminal, request and provide help mutually. So far, China has concluded 66 treaties with 44 countries, including 12 treaties of civil (commercial) judicial assistance, 11 treaties of criminal judicial assistance, 19 treaties of civil (commercial) criminal judicial assistance, 21 treaties of the extradition, and 2 treaties of transference of the condemned criminal.


  (2) According to the conventions with articles of judicial assistance and the extradition, request mutually and provide affiliated assistances. For example, according to, legal documents are served; according to, cooperate in prohibiting drugs in the fields of judicial assistance and the extradition, and so on. China has entered nearly 20 multilateral conventions related to the judicial assistance.


  The network of judicial assistance has been established primarily through the above two ways, which laid the foundation of law for China to cooperate with affiliated countries in the judicial field.


  (3) Cooperating in individual cases through domestic channels means that, according to domestic law and judicial practice, with the principle of reciprocity, cooperate with countries that haven't concluded treaties of judicial assistance with other countries through domestic channels. At present, many cases are cooperated under this situation.



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Minisrty of Justice, the People's Republic of China
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