Primary Analysis On The Judicial Assistance Between China And Africa

There are more than 50 years that China and Africa carry out diplomatic relations. In recent years, it is obvious that the mutual political trust between China and Africa is increasingly close, there have been frequent high-level visits, interchange and common interests of both sides continue to increase; the China-Africa economic and trade cooperation have made outstanding achievements, cultural exchanges and cooperation are more colorful; and mutual cooperation in international affairs and African regional affairs is getting closer. FOCAC Beijing Summit held in November 2006 further emphasized the importance of Sino-African legal cooperation. Is there legal cooperation experience to draw lessons from, and how to cooperate, these problems must be answered urgently. Among these problems, Sino-Africa judicial assistance plays a very important role. The problems that how the judicial assistance was carried out in history and how to improve it in future also need to solve.Firstly, this paper discusses essential issues of Sino-Africa judicial assistance, including the concept of judicial assistance, scope, basis and basic principles, follow the discussion of the present situation of Sino-Africa judicial assistance treaties, the work procedures and the relationship between judicial assistance treaties and domestic law. Secondly, the paper introduces the situation of Sino-Africa judicial assistance treaties from the angle of civil and criminal judicial assistance treaties respectively. On the civil judicial assistance treaties, the paper introduces basic issues such as concept, and then introduces the concepts, institution, and some procedural issues of service abroad of civil matters of judicial and extrajudicial documents. After that, the paper introduces the basic issues, methods, scope, some procedures of the extraterritorial investigation and taking extraterritorial evidence in civil judicial assistance, then the basic issues of the recognition and enforcement of foreign civil adjudication between china and Africa, the jurisdiction of the court, some procedures of the recognition and enforcement of foreign judgments, and the recognition and enforcement of foreign arbitration are introduced. After that, the paper aggregates the exchange of legal information, waiving certification, the effect of documents. On the criminal judicial assistance, the paper introduces the scope and characteristics of the criminal judicial assistance at first, and then introduces the principle of China-Africa criminal justice assistance in detail. Next, it has introduced the scope, methods and implementation of service abroad of criminal matters of documents, the extraterritorial investigation and taking extraterritorial evidence in criminal judicial assistance. Subsequently, the paper discusses the protection of rapper and surveyor, the detainees to testify in court, criminal results briefing and costs of criminal judicial assistance. At last, the paper introduces the basic issues, some procedures and the enforcement of China-Africa extradition treaties.