Annual Report on Promoting the Rule of Law in China(2016)

IX. International Exchange and International Cooperation

China took an active part in the related legislative activities, made efforts to promote the democratic and law-based international relations, strengthened international cooperation and judicial assistance in combating corruption, held dialogues on the international rule of law and obtained positive achievements in international exchanges in different areas.

(1) Make Efforts to Promote International Cooperation and Judicial Assistance in Combating Corruption

——The Ministry of Justice, the British Embassy in China and the Organisation for Economic Co-operation and Development jointly held a “Anti-corruption International Criminal Judicial Assistance Symposium” in Beijing in April. About 60 people from more than 20 countries and five international organizations were present.

——The G20 Summit in Hangzhou reached important consensus on international cooperation in combating corruption in September. China actively promoted the adoption of the G20 High Level Principles on Cooperation on Persons Sought for Corruption and Asset Recovery and the G20 2017-2018 Anti-Corruption Action Plan, and had the G20 Anti-Corruption Research Centre for Persons Sought for corruption and Asset Recovery established in China. The High-Level Principles were drafted by the Chinese party and was another anti-corruption international document adopted under the current international cooperation mechanism with China in the lead after the Beijing Anti-Corruption Declaration of the APEC in 2014. The Action Plan stressed that the reduction of corruption is a prime task of G20, and reaffirmed support to the mechanism for the review of implementation of the U.N. Convention against Corruption. The G20 Anti-Corruption Research Centre for Persons Sought for Corruption and Asset Recovery is the first for the related research work intended for the G20 member countries.

——Proposing international cooperation in combating corruption. A Chinese delegation attended the International Anti-Corruption Summit in London, and made a special topic speech on “Combat Corruption” in May. It proposed that the international community would further strengthen cooperation on persons sought for corruption and asset recovery. The Ninth Annual Meeting of the International Federation of Anti-Corruption Bureaus and its congress of members were held in Tianjin in May. The delegates to the meeting had full discussions on the theme of “The Future of the Anti-Corruption Organs: Draw on Experience and Plan Prospect”, and adopted the Tianjin Declaration. A Chinese delegation attended the Fifth Meeting of Contracting Parties of the International Anti-Corruption College, briefed the meeting on China’s efforts and new progress in combating corruption, and put forward concrete work suggestions for the development of the college in November. The acceptance of the executive summary of the first periodic review of the United Nations Convention against corruption by China (including the special administrative regions of Hong Kong and Macao) was published on the United Nations Web in November. The work of China’s acceptance of the first periodic review was finished in the main. The meeting of the prosecutors-general of the BRICS countries was held in Sanya, Hainan Province under the theme of “Combat Corruption to Safeguard the Sustainable Development of Economy and Society” in December.

——The special work of seeking persons for corruption and asset recovery. The “Net of Heaven 2016” Action was started in April, and China, the United States, Canada, Australia and New Zealand strengthened cooperation in law enforcement to seek the “100 Red Persons Wanted for Corruption”. The Anti-Corruption Working Group of the Chinese-U.S. Joint Liaison Group (JLG) on Law Enforcement Cooperation held its 11th meeting in the United States in September. Yang Xiuzhu, the No. 1 suspect of the “100 Red Persons Wanted for Corruption” returned home to surrender in November. Her return to justice was an important achievement in the law enforcement cooperation between China and the United States against corruption. Moreover, the concerned departments of China, the United States, Canada, Australia and New Zealand cooperated closely to persuade a number of suspects of the “100 Red Persons Wanted for Corruption” to return home to surrender.

——Concluding judicial assistance treaties. China had negotiations with Australia, Belgium and some other countries on 13 judicial assistance treaties and completed the signing of the 13 treaties. It completed the ratification procedure for the Extradition Treaty between China and Tadzhikistan, the Criminal Judicial Assistance Treaty between China and Malaysia and the Criminal Judicial Assistance treaty between China and Sri Lanka, and completed the work for the mutual exchange of the instruments of ratification for the Extradition Treaty and the Treaty on the Transfer of Sentenced Persons between China and Iran. China and Canada formally signed the Agreement between the People’s Republic of China and Canada on the Sharing and Return of the Recovered Assets in September. The agreement was the first special agreement China concluded with other countries on the recovery of illegal criminal income transferred abroad. China and Kenya completed the negotiations on the Criminal Judicial Assistance Treaty and the Extradition Treaty and initiated their texts in December.

——Participating in the activities of international seminars against corruption. The Ministry of Supervision and the International Anti-Corruption College held a China-ASEAN Anti-Corruption Seminar in Yunnan in November. This was China’s first regional anti-corruption cooperation project, and opened the new area for China-ASEAN cooperation, and promoted the extension of the achievements of the G20 Summit in Hangzhou to the international community. The seminar centered on the theme of “Anti-Corruption and Sustainable Development”, exchanged experience and challenges of the participating countries in combating corruption, and discussed how to promote regional anti-corruption cooperation and the regional sustainable development by combating corruption.

(2) Actively Participating in International Legislation

——In the aspect of the International Law of the Sea. A Chinese delegation attended the Twenty-sixth Conference of the States Party to the United Nations Convention on the Law of the Sea in June. The delegation stressed that the dispute resolution mechanism is an inseparable part of the integral whole, and all parties should uphold the aim of the Convention, comprehend and apply the Convention and its dispute resolution mechanism with good intention, accurately and wholly, avoid the abuse of or improper expansion of the power, and continue to follow the rules and principles of the general international laws as the applicable law. The Chinese representative stressed at the Seventy-first General Assembly of the United Nations in December that all countries should promote the rule of law in the seas and establish and safeguard equitable and rational maritime order. He said that the so-called “South China Sea case” was invalid and unbinding, and this was why China did not accept it, did not participate in it and would not recognize it. He said that the so-called “South China Sea case” was a thing of the past. China would, as usual, be a defender of the international maritime rule of law and be a builder of the harmonious sea order.

——Climate change and polar law. Vice Premier Zhang Gaoli, Special Envoy of President Xi Jinping, was present at the high-level signing ceremony of the Paris Agreement at the Headquarters of the United Nations in New York and signed the Paris Agreement on behalf of China in April. The Chinese delegation attended the Thirty-ninth Antarctic Treaty Consultative Meeting in May. It told the meeting that China would host the Fortieth Antarctic Treaty in 2017. President Xi Jinping, President Barack Obama and Ban Ki-moon, Secretary General of the United Nations, were present together at the ceremony of the deposit of the instruments of ratification of the Paris Agreement on Climate Change in Hangzhou in September. President Xi Jinping said that the deposit of the instruments of ratification of the Paris Agreement on Climate Change by China and the United States together showed their ambition and determination to cope with the global issue together. The international community should make use of the opportunity and double the efforts, constantly strengthen and improve the global governance system, and innovate the route to cope with the climate change to promote the early effectiveness of the Paris Agreement. The Chinese delegation attended the Fourth Forum on the Arctic Circle in October, and expounded China’s views on cooperation in the Arctic region.

——International criminal law and anti-terrorism law. The Chinese delegation was present at the Twenty-fifth meeting of the United Nations Crime Prevention and Criminal Justice Commission in Vienna in May. It appealed to all countries to give full play to their leading role in international anti-terrorist cooperation, strengthen international cooperation in the areas of security and anti-terrorism, strengthen judicial cooperation in the fields of combating transnational organized crime and corruption, and refuse to provide “shelter” for criminals and criminal assets, strengthen investigation and study of the new types of criminal offences, including cyber crime and trafficking and transportation of cultural property, and explore new forms of international law to cope with them. The Chinese delegation attended the Eighth Conference of States Party to the United Nations Convention against Transnational Organized Crime in October, and made a speech to stress that all countries should make full use of the Convention to carry out cooperation in extradition, judicial assistance and asset recovery, establish a proper and effective performance review mechanism, strengthen international cooperation and legislation against cyber crime to strengthen practical cooperation against transnational crime.

The Chinese delegation made a speech at the ministerial-level open meeting of the Security Council in December. It said that all countries should strengthen cooperation at the legal level of the anti-terrorism action and weave the Net of Justice cooperation on the globe and all regions against terrorism, strengthen cooperation in legislation, justice and law enforcement, and center on combating the use of the Internet to carry out terrorist activities, strengthen supervision on the Internet and investigate the liability of the trouble makers for the terrorist activities.

——Outer space law. China and the United Nations Office for Outer Space Affairs signed the Cooperation Framework Agreement on the use of the Chinese space station in March. The Chinese delegation made a speech at the Fifty-fifth Meeting of the Legal Subcommittee of the United Nations Committee on Peaceful Uses of Outer Space. It stressed that the rule of law is the fundamental guarantee for the use of the outer space for peaceful purposes and the long-term sustainable development of the outer space and the outer space activities of any country should be guided by the Outer Space Treaty, principles and declaration and be carried out according to law. International cooperation is an important means to promote the process of the rule of law for outer space, and the rule of law for outer space is really the system guarantee for international cooperation. The Chinese delegation attended the Tenth United Nations Outer Space Law Seminar, and made a theme speech. It said that the rule of law is the important basis for safeguarding the security and sustainability of the outer space. It must keep time with the development and constantly improve the Outer Space Law and the rule system, and steadily promote the formulation of the “soft law” for the outer space, and give full play to its role.

(3) Actively Promote Inter-governmental Dialogues

——China and Russia jointly issued the Statement of China and Russia on Promoting International Laws. The foreign ministers of the two countries signed and issued the statement in June. This was an important practice of China and Russia in jointly promoting the international rule of law. It was not only the first practice in the histories of the two countries, but also the first innovation in international relations. The statement showed the firm commitment of the two Security Council member countries to the international law. It signified a new height of the communication, coordination and cooperation between the two countries in the sphere of the international law, adding new connotation to the comprehensive strategic partnership between China and Russia.

——Exchanges on the rule of law between China and Europe, and North America. Cao Jianming, Procurator-General of the Supreme People’s Procuratorate, visited Czech and signed a Cooperation Memorandum of Understanding between the prosecuting offices of the two countries with the Czech attorney-general in April. The Conference of Presidents of Supreme Courts of China and Central and Eastern European Countries was held in Suzhou of Jiangsu Province in May. Presidents and grand justices of the supreme courts of the participating countries had discussions on the theme of “Justice in the Global Information Era”. The conference adopted the Suzhou Consensus. Wang Yongqing, Secretary-General of the Central Committee of Political and Legislative Affairs, and the state security advisor of the Canadian prime minister jointly presided over the first Chinese-Canadian high-level dialogue on state security and the rule of law in September. The two sides decided on the functional scope of the dialogue, clarified the structure of the dialogue and the framework for future cooperation, and held intensive consultations on cooperation in anti-terrorism, cyber security, combating cyber crime, combating trans-national organized crime, law enforcement affairs, consular affairs and exchanges in justice and the rule of law. The Joint Liaison Group of the China-U.S. Law Enforcement Cooperation held its fourteenth plenary meeting in Beijing in November.

——Dialogues under the framework of the Shanghai Cooperation Organization. Relevant leaders attended the Fourth Meeting of the Ministers of Justice of Member Countries of the Shanghai Cooperation Organization in Alma Ata, Kazakhstan in October. She stressed that they should increase exchanges, strengthen cooperation to provide legal services and guarantee for the construction of “the Silk Road and Economic Belt”. The Ministry of Justice held an international forum on the legal service for the Silk Road for the member countries of the Shanghai Cooperation Organization in Yiwu of Zhejiang Province in November. The meeting of the attorneys general of the member countries of the Shanghai Cooperation Organization signed the minutes of the meeting. It decided that the procuratorial organs of the member countries would further carry out international cooperation to combat cyber terrorism.

——Activities under the framework of the Asian-African Legal Consultative Organization. A Chinese delegation attended the Fifty-fifth Annual Session of the Asian-African Legal Consultative Organization in New Delhi, India, in May. It appealed to the countries on the two continents to increase their support and investment to the organization to further expand its representativeness and influence, promote the international rule of law and justice, and at the same time to strengthen unity and coordination and keep vigilance against any act of the abuse of the international judicial procedure against Asian and African countries. The Chinese delegation also had profound discussions with the other participating countries on the International Law on Cyber Space, the Law of the Sea, combating violence and extremism, and the International Law Committee. The Ministry of Foreign Affairs held the second international law training class for the International Law Exchange and Research Programme of the China-Asian-African Legal Consultative Organization in Beijing in August.

——Exchange with ASEAN countries. The Tenth Conference of Attorneys-General of China and the ASEAN member countries was held in Vientiane, Capital of the Laos in November. The theme of the conference was “Strengthen International Cooperation and Effectively Combat Trans-national Crime”. It focused on the issues of trafficking drugs and kidnapping and selling women and children. Cao Jianming, Pocurator-General of the Supreme People’s Procuratorate, attended the conference. He said that China would promote the profound cooperation in regional procuration from the new starting point and establish a still closer China-ASEAN Community of Destiny.

——The consultation mechanism for directors of the treaty and law departments worked well. The directors of the departments of treaty and law of the foreign ministries of China and Russia had consultations together in January. They exchanged views on the issues of the Law of the Sea, dispute resolution, the five permanent members of the Security Council and the consultations among the directors of the treaty and law departments of the BRICS countries. The directors of the treaty and law departments of the Chinese and German ministries of foreign affairs had an extensive exchange of views on the Law of the Sea, and the International Law on Cyber Space in March. The consultations of the directors (or legal counsel) of the treaty and law departments of Chinese and Australian foreign ministries and their judicial law enforcement cooperation consultations were held in Canberra in March. The two parties had profound exchanges on the issues of the Law of the Sea, judicial law enforcement, the International Humanitarian Law and Antarctic cooperation. The consultations of the directors of the treaty and law departments of the five permanent members of the Security Council were held in Nanjing in June. They exchanged views on the topics of armed combat against terrorism and the right of self-defence, extraterritorial jurisdiction, state immunity, the Law of the Sea and the International Law on Cyber Space. The first legal dialogue and judicial law enforcement cooperation round-table meeting between China and New Zealand took place in Wellington of New Zealand in June. The two sides exchanged views with each other on the topics of the Law of the Sea and state immunity as well as their domestic legal systems of extradition and judicial assistance and the practice of international cooperation. The consultations of the directors (legal counsel) of the treaty and law departments of the Chinese ministry of foreign affairs and U. S. Department of State took place in Washington in November. The two sides exchanged views on the topics of the work mechanisms for diplomatic legal affairs, the Law of the Sea, sovereignty immunity, consular law, the International Law on Cyber Space, and the International Humanitarian Law.

(4) Practical Exchanges in Law with Other Countries

——Exchanges with BRICS countries. The delegation of the China Law Society attended the Third Legal Forum of the BRICS countries in New Delhi, India, in September. The delegation discussed with the other participating delegations on the hot frontier topics of “Major Issues and Key Areas of the Financial and Legal Cooperation of BRICS Countries” and “New Emerging System of the International Civil and Commercial Laws: the Actual Need of the BRICS Countries to Construct the Uniform Strategy and Cooperation Mechanism”, and put forward suggestions on promoting the development of the forum and how to use the rule of law to acquire the consensus of the BRICS countries on cooperation and prevent and resolve risks and disputes in cooperation.

——Legal exchange under the ASEAN framework. The China Law Society and the Judicial College of Thailand jointly organized the China-ASEAN Legal Forum—“the High-Level Rule of Law Seminar for Promoting Sustainable Development” in May. The China-ASEAN Legal Research Centre and the Thai Judicial College signed the Cooperation Memorandum. The First “China-ASEAN Commercial Arbitration Cooperation Forum” organized under the guidance of the China Law Society was held in Haikou, China, in September. The theme of the forum was “One Belt and One Road, Hand in Hand for Service”. Its basic concept is “Discuss together, Build together and Share together”, its carrier is “Arbitral Theory and Practical Exploration”, and they discussed how to build the service platform for arbitral cooperation between China and the ASEAN. The concerned organizations of China, Cambodia and Singapore signed a “Cooperation Agreement”. They decided to jointly establish a management organ, recommend arbitrators, and use international commercial practices and laws to arbitrate disputes. This was of pioneering significance in the field of international arbitral cooperation. The China-ASEAN Legal Forum, the China-ASEAN Internet Financial Legal Change and Cooperation Seminar, organized by the China Law Society, was held in Kunming in December. The participants had discussions on the issues of the Internet financial legislation and innovation of the China-ASEAN, the issue of the China-ASEAN Internet financial risk supervision and control and the issue of China-ASEAN financial judicial practice. Its purpose was to provide more legal guarantee for the sustainable and healthy development of the China-ASEAN Free Trade Zone in the “Internet+” era.

——The Wisdom Court and the Cyber Legal Forum of the Third World Internet Conference was held in Zhejiang in November. Zhou Qiang, President of the Supreme People’s Court, was present and made a speech at the opening ceremony of the conference. The conference adopted the “Wuzhen Consensus”. It stressed that the countries would continue to expand and deepen their exchanges and cooperation in the court information and the rule of law in the cyber space, and strengthen the exchange of experience and the sharing of achievements in using information technology to promote judicial transparency, litigious services, case trials, court management and case studies, and promote the establishment of the mechanism for cooperation and exchange of court information.

——Exchanges in law with other Asian countries. A delegation of the China Law Society visited India and Sri Lanka in September. The Second China-Japan-ROK Legal Forum and the Fourth Northeast Asia Legal Forum was held in Changchun in October. The theme of the forum was “Strengthen Regional Legal Cooperation and Open the New Future of Northeast Asia”. The China Law Society organized the China-South Asia Legal Forum in Kunming in December. The theme of the forum was “Strengthen Joint Action for the Rule of Law, and Build One Belt and One Road Together”. After the conclusion of the forum, the China-South Asia Legal Training Base organized its first seminar class in the Yunnan University.

——Exchange with Europe and America. A delegation of the China Law Society visited Britain, Canada and the United States, made wide contacts and profound exchanges with the jurisprudential and legal organizations of the three countries and organized 13 informal discussions and two academic seminars in July. The Chinese delegation attended the seminar and celebration to mark the 20th anniversary of the founding of the International Law of the Sea Court in Hamburg in October. It refuted the erroneous views on the “South China Sea arbitration case”. The China-Britain Rule of Law Round-Table Conference was held in Beijing in November. The China Law Society and the British-Chinese Association signed the Bilateral Cooperation Memorandum. The participating specialists and scholars had extensive discussions on the significance and influence of the “One Belt and One Road” proposal on the world economy, the construction of the “One Belt and One Road” and the legal service and cooperation between China and Britain. The conference was the highest level cooperation between the two countries in the area of the rule of law.