Authorities

 China - Central Authority (Art. 2) and practical information
Address

Central Authority(ies):

Ministry of Justice

Contact details:
Address: Ministry of Justice of China
International Legal Cooperation Center
No 6, Chaoyangmen Nandajie, Chaoyang District
Beijing 100020
China
Telephone: +86 10 6515 3113
Fax: +86 10 6515 3144
E-mail: [email protected]
General website: www.moj.gov.cn; http://www.legalinfo.cn/english/index.htm
Contact person: Zhiying Li
Languages spoken by staff: Chinese, English

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2013 Evidence Convention Questionnaire)
Blocking statutes:  
Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration.
Translation requirements (Arts 4(2) and 33):  No declaration.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Normally no cost required to be reimbursed except for extraordinarily large costs relating to execution of the request. 
Time for execution: 6-12 months.
Art 23 pre-trial discovery of documents: Qualified exclusion. See declarations.
Information about domestic rules on the taking of evidence:  Chapter 7 and 27 of Civil Procedural Law of People's Republic of China.
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? A specific question list is preferred.
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall? It depends on the decision made by the judges from the requested counties.
Are there sanctions for non-appearance of witness? No
Must interpreters who assist with the witness examination be court-certified? The interpreters should be provided by the qualified translation companies, or be accepted by all parties.
How is the testimony transcribed?  
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable
Article 16 Not applicable
Article 17 Not applicable  
Article 18 Not applicable
Taking of evidence by video-links
(under either chapter)
 
Chapter I
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  
Chapter II
Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
Bilateral or multilateral agreements  
Useful links:  

(This page was last updated on 25 July 2014)

Conventions