​International assistance in judgment enforcement

International assistance in judgment enforcement
 
Judicial assistance refers to the legal obligations of people's courts and foreign courts to deliver documents, investigate and collect evidence, and perform other litigation actions in response to mutual requests based on international treaties concluded or participated in by the People's Republic of China, or on the principle of reciprocity. People's courts can refuse foreign court requests for assistance if doing so would jeopardize the People's Republic of China's sovereignty, security, or public interest. Requests for the supply of judicial aid must be handled by the processes outlined in international treaties signed or signed by the People's Republic of China or via diplomatic channels if treaty connections do not exist. Foreign diplomatic missions in the People's Republic of China may serve papers and examine evidence on behalf of their nationals. Still, they must not violate Chinese laws or employ any coercive actions. Unless special circumstances occur, no foreign agency or person may serve papers or examine evidence on the territory of the People's Republic of China without the consent of the People's Republic of China's competent authorities. Requests for judicial assistance from people's courts and foreign courts should be accompanied by a Mandarin translation or other wording stipulated under the international convention. When people's courts give judicial aid, they must follow Chinese law's processes. If a foreign court requires a specific procedure, it may be used as requested, but it must not contradict Chinese law.
 
When the defendant or their property is not within the territory of the People's Republic of China, the party may directly apply for recognition and enforcement by a foreign court with jurisdiction, or the People's Court may request a foreign court to recognize and enforce according to the international treaties that the People's Republic of China has concluded or participated in, or accor Regarding judgments and rulings with legal effect issued by foreign courts, when they need to be recognized and enforced by the People's Court of the People's Republic of China, the party may apply directly to the intermediate people's court with jurisdiction in the People's Republic of China, or the foreign court may request the People's Court to recognize and enforce based on international treaties or the principle of reciprocity between the foreign country and the People's Republic of China. After examining it and ensuring that it does not violate basic principles of Chinese law or national sovereignty, security, or the public interest, the People's Court should issue a ruling recognizing its legal effect and issuing an enforcement order. Relevant legal provisions should execute it. It will not be recognized or enforced if it contradicts fundamental principles of Chinese law, national sovereignty, security, or public interest. When it comes to awards from foreign arbitration institutions that need to be recognized and enforced by the People's Court of the People's Republic of China, the party should apply directly to the intermediate people's court with jurisdiction where the defendant's domicile or property is located. The People's Court should handle it by international treaties that the People's Republic of China has concluded or participated in or the principles of the People's Republic of China.
 
 
Judicial aid is essential to international civil litigation and may foster collaboration and exchanges between judicial organs from various nations. China's judicial aid system is comprehensive, follows international best practices, and safeguards national sovereignty, security, and public interest. At the same time, people's courts have the authority to reject petitions that do not adhere to Chinese law and interests. In reality, judicial aid may resolve cross-border matters involving many nations while respecting persons, corporations, and legal institutions' legitimate rights and interests.
 
The necessity of judicial aid is being emphasized against the background of expanding globalization. Enhancing judicial aid benefits, not just the international legal system but also the individual.
 
They are promoting peace and stability in the world community. Although China's judicial aid system is steadily improving, more contact and collaboration with other nations are required to safeguard international law and justice jointly.