Chinese Cooperation with Foreign Countries in Judicial Affairs

(english.legalinfo.gov.cn)     Updated : 2015-05-29

As China's reform and opening-up drive continues and economic cooperation, trade and communication with foreign countries increase, the number of civil, commercial, and criminal cases involving foreigners is also on the rise. Some people under suspicion can run to other countries or conceal large amounts of money derived from criminal activity in other countries, or may commit serious crimes abroad, greatly damaging the image of China and the Chinese people. To deal with crimes more effectively, prevent criminals from escaping, maintain order in the economy and society, and protect the rights and interests of citizens and legal persons, China is putting more emphasis on cooperation with other countries in judicial matters.

It has been cooperating with foreign countries in judicial assistance since the mid-1980s and is cooperating in the area of extradition and transfer of criminals mainly in the following ways:

1. China has concluded treaties of judicial assistance on requests and mutual help in extraditions and the transfer of criminals. It has secured 66 treaties with 44 countries, with 12 treaties on commercial assistance, 11 on criminal judicial assistance, 19 on commercial crime assistance, 21 on extraditions, and two on the transfer of criminals.

2. The articles of judicial assistance and extradition cover the serving of legal documents and cooperation in dealing with drugs. China has signed around 20 conventions on judicial assistance and has a network of judicial assistance, laying a legal foundation for greater cooperation.

3. Cooperation in individual cases means acting in accordance with Chinese law and under a principle of reciprocity and cooperating with countries that have not signed treaties of judicial assistance through Chinese channels, of which there are many cases.