Key point:

Give full play to the function of international judicial assistance, actively promote the extraterritorial application of Chinese law, ensure the realization of the right of parties to win lawsuits in accordance with the law, and effectively safeguard China's judicial authority

Basic Case Fact:

In the middle of July 2020, the Hangzhou Intermediate People's Court received an application from a trust company, saying that the case of a dispute over the guarantee contract between the trust company and a Naturgy had been concluded and the judgment had come into force. As a Naturgy refused to perform its obligations determined by the effective judgment, it applied to the Hangzhou Intermediate People's Court for enforcement, and found that the company's property in China was not enough to pay off its debts, and it had property in the Republic of Kazakhstan. Accordingly, a trust company, in accordance with the relevant provisions of the Treaty between the China and the Republic of Kazakhstan on Civil and Criminal Judicial Assistance and the Civil Procedure Law of the People's Republic of China, requested the Hangzhou Intermediate People's Court to submit a request to the Ministry of Justice of the Republic of Kazakhstan and the competent court of the Republic of Kazakhstan in accordance with the provisions of the above-mentioned Bilateral treaty to recognize and implement the effective civil judgment made by the Hangzhou Intermediate People's Court.

Process:

Firstly, establish specialized teams to strengthen research. The Hangzhou Intermediate People's Court has never handled a similar case before. In order to promote high-quality handling of the case, after receiving the case materials, a special class meeting was organized to discuss and determine the handling ideas, processes, and precautions. Carefully review the Treaty between the China and the Republic of Kazakhstan on Judicial Assistance in Civil and Criminal Matters, determine that the matters requested by the parties in this case fall within the scope of matters that can be assisted under the Bilateral treaty, and determine that the court of our country will transmit to the relevant organs of the Republic of Kazakhstan the specific handling procedures and materials that should be submitted in the case of application for recognition and enforcement of civil judgments in our country.

Secondly, linkage between the upper and lower levels ensures efficient handling. The case handlers carefully review the materials submitted by the applicant in accordance with the treaty, and under the guidance of the Supreme Court, notify the applicant to provide Chinese documents and translations that have been stamped by the translation agency and signed by the translator for confirmation, and that the translation request and accompanying documents are proof of accuracy in translation. After the materials are fully organized, the case handlers fill in the information and upload the materials through the National Judicial Assistance Management Platform for Foreign Affairs of the Supreme Court. After being approved step by step, the paper materials are sent to the International Cooperation Bureau of the Supreme Court.

Main Experiences:

1. A dedicated person is responsible for ensuring quality. Judicial assistance cases involve the search and application of international treaties, as well as communication and cooperation between Chinese and foreign courts, and are highly professional. The relevant procedures are carried out through the Judicial Assistance Management Platform of the Supreme Court, and the practicality is also strong. Therefore, it is necessary to designate a dedicated person who is familiar with foreign judicial affairs, has good professional skills and ethics to handle judicial assistance cases.

2. Accurately search for applicable laws. The basis for handling this case is the Bilateral treaty signed between China and the Republic of Kazakhstan. At present, the authoritative way to find international treaties is the website of the Ministry of Foreign Affairs and the website of the People's Congress of China. In addition, the website of the Ministry of Justice can also be used to verify the relevant information about China's signing of Bilateral treaty with other countries and whether the corresponding text is effective, in order to prevent errors. If no Bilateral treaty has been signed between China and the requested country, it is necessary to communicate with the superior court in a timely manner to understand whether the relevant application can be filed through diplomatic channels.

3. Effectively utilize the national court foreign judicial assistance management platform. Judicial assistance cases have strong professionalism, and the Supreme Court has launched a national court foreign judicial assistance management platform to standardize the handling process of such cases. In the process of handling specific cases, it is necessary to actively communicate with the higher court, seek guidance, and ensure the high-quality and efficient completion of the case.