The Present Situation Regarding Treaties on Mutual Judicial Assistance and Treaties of Extradition Signed between China and Foreign Countries

Mutual request for assistance and offering assistance is China's major form of unfolding mutual judicial assistance and extradition cooperation with foreign countries. Starting from 1985, China successively concluded bilateral treaties of mutual judicial assistance and treaties on extradition with foreign countries. Up to December 2000, China had signed 52 treaties of mutual judicial assistance and extradition treaties with 37 countries. These treaties touched upon the three fields of mutual judicial assistance in civil and commercial matters, mutual judicial assistance in criminal matters and extradition. Among these treaties, 38 already went into force, 14 have been signed (initialed) or ratified but have not yet taken effect. The treaties of mutual judicial assistance and extradition treaties which went into force in 2000 were: The Treaty between the People's Republic of China and the Republic of Korea on Mutual Judicial Assistance in Criminal Matters (went into force on March 24, 2000), The Treaty between the People's Republic of China and Ukraine on Extradition (went into force on July 13, 2000). The Treaty between the People's Republic of China and the Republic of Tunisia on Mutual Judicial Assistance in Civil and Commercial Matters (went into force on July 20, 2000), The Treaty between the People's Republic of China and the Republic of Uzbekistan on Extradition (went into force on September 29, 2000), The Treaty between the People's Republic of China and the Kingdom of Cambodia on Extradition (went into force on December 13, 2000).

(1) The Situation Regarding the Bilateral Treaties on Mutual Judicial Assistance and the Treaties on Extradition China Concluded with Foreign Countries in 2000

There has been further progress in China's conclusion of treaties on mutual judicial assistance and treaties on extradition with foreign countries. In the year of 2000, China and the ROK signed a treaty on extradition; China and Lithuania signed a treaty on mutual judicial assistance in civil and criminal matters; China and the US signed a treaty on mutual judicial assistance in criminal matters; China and Indonesia and the Philippines respectively signed a treaty on mutual judicial assistance in criminal matters. Furthermore, China and Lithuania, Tunisia, the United Arab Emirates and Peru respectively held negotiations on the conclusion of treaties on extradition. The specific situation is as follows:

1. The Treaty between the People's Republic of China and the Republic of Lithuania on Mutual Judicial Assistance in Civil and Criminal Matters

On March 20, Minister Tang Jiaxuan of the Ministry of Foreign Affairs of the People's Republic of China and Algirdas Saudargas, Representative of the Republic of Lithuania signed the treaty in Beijing.

2. The Agreement between the People's Republic of China and the United States of America on Mutual Judicial Assistance in Criminal Matters

On June 19, Assistant Minister Zhang Yesui of the Ministry of Foreign Affairs of the People's Republic of China and Eugene Martin, Representative of the United States of America signed the agreement in Beijing.

3. The Treaty between the People's Republic of China and the Republic of Indonesia on Mutual Judicial Assistance in Criminal Matters

On July 24, Ambassador Chen Shiqiu of the People's Republic of China to Indonesia and Romli Atnasasmita, Representative of Indonesia signed the treaty in Jakarta.

4. The Treaty between the People's Republic of China and the Republic of the Philippines on Mutual Judicial Assistance in Criminal Matters

From August 30 to September 1, the Chinese Delegation and the Philippine Delegation held negotiations in Manila on the conclusion of the treaty and reached unanimity on all articles of the treaty. On October 16, Minister Gao Changli of the Ministry of Justice of the People's Republic of China and Artemio Tuguero, Representative of the Republic of the Philippines signed the treaty in Beijing.

5. The Treaty between the People's Republic of China and the Republic of Korea on Extradition

From July 10 to 12 and from September 4 to 7, the Chinese Delegation and the Korean Delegation held negotiations respectively in Seoul and Beijing on the conclusion of the treaty and reached unanimity on all articles of the treaty. On October 18, Minister Tang Jiaxuan of the Ministry of Foreign Affairs of the People's Republic of China and Lee Teong Bin, Representative of the Republic of Korea signed the treaty in Seoul.

6. The Treaty between the People's Republic of China and the Republic of Lithuania on Extradition

From May 22 to 26, the Chinese Delegation and the Lithuanian Delegation held negotiations in Vilnius on the conclusion of the treaty and achieved unanimity on all the articles of the treaty.

7. The Treaty between the People's Republic of China and the Republic of Tunisia on Extradition

From February 29 to March 4, the Chinese Delegation and the Tunisian Delegation held negotiations in Tunis on the conclusion of the treaty and achieved unanimity on all the articles of the treaty.

8. The Treaty between the People's Republic of China and the United Arab Emirates on Extradition

From March 25 to 27, the Chinese Delegation and the UAE Delegation held negotiations in Abu Dhabi on the conclusion of the treaty and achieved unanimity on all the articles of the treaty.

9. The Treaty between the People's Republic of China and the Republic of Peru on Extradition

From November 13 to 17, the Chinese Delegation and the Peruvian Delegation held negotiations in Lima on the conclusion of the treaty and achieved unanimity on all the articles of the treaty.