China - Central Authority (Art. 2) and practical information
Central Authority(ies):
Ministry of Justice
Contact details:
|
|
Address: | Ministry of Justice of China International Legal Cooperation Center (ILCC) 33, Pinganli Xidajie Xicheng District Beijing 100035 China |
Telephone: | +86 10 5560 4537 |
Fax: | +86 10 5560 4538 |
E-mail: | ivylee319@vip.sina.com |
General website: | http://www.moj.gov.cn/organization/node_sfxzwss.html |
Contact person: | Ms 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 7 June 2018)
This page was last updated on: