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What is "judicial assistance"? How to carry out judicial assistance in foreign-related civil litigation

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What is "judicial assistance"? How to carry out judicial assistance in foreign-related civil litigation


        

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  • 2024-05-26 14:01:16

    Judicial assistance means that different countries, according to the international treaties concluded or participated in by their own countries or the principle of reciprocity, cooperate with each other to act on behalf of each other in certain litigation.

    In accordance with the international treaties concluded or acceded to by the People's Republic of China, or in accordance with the principle of reciprocity, the people's courts and foreign courts may request each other to investigate and collect evidence for the service of documents and conduct other litigation acts.

    If the matter requested by a foreign court is detrimental to the sovereignty, security or social and public interests of the People's Republic of China, the people's court shall not execute it. The people's courts shall provide judicial assistance in accordance with the procedures prescribed by the laws of the People's Republic of China.

    If a foreign court requests a special way, it may also do so in accordance with the special way requested, but the special way requested shall not violate the laws of the People's Republic of China.

    [Legal Basis]

    In Article 260 of the Civil Procedure Law, if an international treaty concluded or acceded to by the People's Republic of China contains provisions different from those of this Law, the provisions of the international treaty shall apply, except for the provisions on which the People's Republic of China has declared reservations.

    E***

    2024-05-26 14:01:16

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