(1) Unprecedented Increase in International Cooperation in Combating Corruption
It is stated in the Decision of the CPC Central Committee on Some Major Issues Concerning Comprehensively Promoting the Law-Based Governance of the Country that it is essential to deepen international cooperation in the area of administration of justice, improve the Chinese's judicial assistance system and expand international judicial assistance coverage.
It is necessary to strengthen international cooperation in combating cooperation, and strengthen the work of capturing the booty, escapees, repatriation and extradition overseas. President Xi Jinping spoke of international cooperation in capturing escapees and their booty and combating cooperation on many occasions, and stressed the importance and necessity of international cooperation in combating cooperation..
——China was the rotating presidency of the APEC in 2014, the Ministry of Supervision represented the Chinese government to be the chairman of the APEC Anti-Corruption Working Group to chair the meetings of the working group and organize the relevant activities. The Ministry of Supervision and the World Bankjointly organized the APEC Anti-Corruption Seminar in February, and the participants had discussions on the international standards for the return of the assets of corruption, the obstacles to the return of the assets, measures to cope with the obstacles, and practical experience under the theme of "Recovery and Return of Corruption Assets.
——The Executive Board meeting of the International Federation of Anti-CorruptionBureauswas held in Barcelona, Spain, in April. Cao Jianming, President of the Federation and Procurator-General of the Chinese Supreme People's Procuratorate, chaired the meeting and made an address. The International Federation of Anti-Corruption Bureaus organized the first and second seminars in Beijing on the theme of "The Rule of Lawand Anti-Corruption" from June to July. Representatives from 21 countries attended the seminars, and exchanged their views on strengthening legislation and justice, deepening international cooperation and making joint efforts to promote the healthy development of the international anti-corruption cause.
——The Ministry of Public Security started the special action "2014, Fox Hunt" in July, the procuratorial organs throughout the country started a six-month-long international special action in September to pursue escapees and booty in other countries for their crime of malfeasance. The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Securityand the Ministry of Foreign Affairs jointly issued the Notice on Urging Persons who committed Economic Crimesand fled to Other Countries to Surrender Themselves to the Police. By December 31, 680 economical criminal suspects who had fled to other countries were captured from 60 countries and regions, including the United States, Canada, Spain, Argentina, the Republic of Korea, Thailand, South Africa and Nigeria.
——In November, the 26th APEC Ministerial Meetingreviewed and adopted the Beijing Declaration on Fighting Corruption, established the APEC Network of Anti-Corruption Authorities and Law Enforcement Agencies (ACT-NET), expanded cooperation in pursuing escapees and illegally acquired proceeds of corruption in the Asian-Pacific regionand joined hands to combat trans-regional corruption acts. As the chairman of the APEC anti-corruption working group, the Chinese Ministry of Supervision drafted the Terms of Reference for the APEC Network of Anti-Corruption Authorities and Law Enforcement Agencies (ACT-NET), and led the anti-corruption and law enforcement cooperation to the pursuit of escapees and their illegally acquired proceeds of corruption. The Chinese Ministry of Supervision organized a special training session in Beijing on the special subject of the APEC online pursuit of escapees and their illegally acquired proceeds of corruption in December.
——In November, Chinese President Xi Jinping attended the ninth Summit of the G20 to promote cooperation among the G20 countries in fighting corruption and pursuing escapees and illegally acquired proceeds of corruption. When he met with the leaders of the relevant countries, he showed China's determination to combat corruption and actively proposed the expansion of bilateral and multilateral international cooperation in combating corruption and the establishment of a joint network to fight the crime of corruption.
China joined the International Anti-Corruption Academy in November to strengthen international cooperation in combatting corruption through international training.
——By 2014, China had concluded extradition treaties with 38 countries, criminal judicial assistance treaties with 51 countries and agreements or memorandum of understanding on cooperation in procuratorial affairs with 93 countries, thus having preliminarily established a legal network for judicial assistance in the area of combating corruption.
(2) Actively Participating in International Legislation and Performing International Treaty Obligations
At the rally in commemoration of the 60th anniversary of the Five Principles of Peaceful Coexistence in June, President Xi Jinping stressed that all countries should jointly promote the rule of law in international relations, and use the uniform and applicable rules to tell right from wrong, promote peace and seek development.He said that all countries should exercise their rights according to law, oppose the distortion of the international laws, oppose the infringement on the legitimate rights and interests of other countries to undermine peace and stability in the name of "the rule of law".
In October, it is stated in the Decision of the CPC Central Committee on Some Major Issues Concerning Comprehensively Promoting the Law-based Governance of the Country that China shall take an active part in the formulation of international rules to increase China's say and influence in international legal affairs, and use the legal means to safeguard the sovereignty, security and development interests. Wang Yi, Minister of Foreign Affairs, pointed out in his article appearing on the United Nations Day (October 24) that to promote the rule of law in international relations, it is essential to grasp some main orientations: One, firmly safeguard the international laws and the publicly acknowledged basic standards for international relations；two, uphold the general goal of promoting peace, development, cooperation and win-win；three, uphold the equal and democratic participation in the course of making international rules；and four, firmly safeguard the authority of the international law.
——In the aspect of international anti-terror laws, China established bilateral anti-terror consultation mechanismwith more than 10 countries, made efforts to promote the Shanghai Cooperation Organization to strengthen regional cooperation in combatting terror, actively sent representatives to participate in international legislative activities against terror under the United National framework, and take an active part in the Global Anti-Terror Forum and anti-terror cooperation under the mechanism of the BRICS, APEC, and the ASEAN Regional Forum. In October, Wang Min, China's permanent deputy representative to the United Nations, said at the Sixth Commission of the 69th General Assembly of the United Nations that the anti-terrorist acts should observe the purpose and principles of the U.N. Charter, respect the sovereignty, independence and territorial integrity of the state party, abide by the provisions of the international laws on the use of force. He appealed to more countries to participate in the 13 conventions of the United Nations against terrorism, support the formulation of a comprehensive convention oninternational terrorism to further improve the framework of the anti-terrorism international laws. In December, the Standing Committee of the Twelfth National People's Congress decided to ratify the Anti-Terrorism Convention of the Shanghai Cooperation Organization.
——In the aspect of the International Law of the Sea, Liu Zhenmin, Vice Minister of Foreign Affairs, met with NiiAlloteyOdunton, Secretary General of the International Seabed Authority (ISA) in April, and exchanged views on strengthening cooperation between the Chinese side and ISA, and the 20th anniversary of the effectiveness of the United Nations Convention of the Law of the Sea.Wang Ming, Permanent Deputy Representative to the United Nations, spoke at the special meeting to mark the 20th anniversary of the effectiveness of the United Nations Convention of the Law of the Sea held by the 24th Conference of theStates Parties to the UN Convention on the Law of the Sea. He said that the Convention established the basic legal framework for the modern sea order, and China initiated the establishment and maintenance of a harmonic sea order and stood for the resolution of disputes through talks between the direct state parties.Liu Jieyi, China's Permanent Representative to the United Nations, spoke on the subject of "Sea and the Law of the Sea" at the 69th General Assembly of the United Nations in December. He elaborated China's stand and position on the UN Commission on the Limits of the Continental Shelf, the International Seabed Authority, the International Tribunal for the Law of the Sea and the other areas relating to the Sea and the Law of the Sea. He stressed that China is a steadfast defender and promoter of the rule of law over the international seas and the resolution of sea disputes by peaceful means. The Chinese government abides by the specific provisions in the Convention, resolve sea disputes by peaceful means, and respect the legitimate right of all countries to choose the peaceful method of resolving disputes independently.
——In the aspect of climate change, the Chinese delegation took part in the four talks of the year on the new agreement on climate change of the Durban Platform Working Group and the talks on all topics at the Lima Conference on climate change in December. It stood for the principle of "common but differentiated responsibility" and other principles of the Convention as the political basis for the negotiations on the new protocoland use the method of balance to detail the elements of the new protocol. The Chinese delegation actively safeguarded the common interests of the developing countries, and promoted the new measures for South-South cooperation in climate change, kept communication withdeveloped countries constructively to help the Lima conference session to adopt the Lima Climate Action Proposal. It reiterated the principle of "common but differentiated responsibility", and detailed the elements for the negotiations on the new protocolto lay down the foundation for the 2015 conference in Paris to reach agreement as scheduled.
——In October, a Chinese delegation attended the Seventh Conference of the Parties to the United Nations Convention against Transnational Organized Crime, and gave a full account of the achievements China made as a party to the convention in its active performance of the Convention through legislation, law enforcement and judicature. It expounded China's position and practices on the issues of international cooperation, combatting trafficking in human beings and illegal transportation of guns, cybercrime and crime against intellectual property. It appealed to all countries to take a more positive, flexible and practical attitude to promote cooperation in extradition, judicial assistance, and return of the illegally acquired assets.
——In October, the United Nations Committee on the Elimination of Discrimination against Womenreviewed China's combined seventh and eighth reports on the implementation of the Conventionon the Elimination of All Forms of Discrimination against Women, made positive appraisal of China's effortsand fruits in the performance, and appreciated China's sexual equality and achievements made in the cause of women's development.
——In October, the director of the Department of Treaties and Laws of the Ministry of Foreign Affairs attended the conference of the International Law Week of the Sixth Commission of the 69th General Assembly of the United Nations, and participated in the informal consultations of the legal consultants of the foreign ministries of the countries of the five permanent members of the UN Security Council, and exchanged viewswith them on the current important issues of the international laws, such as the work of the International Criminal Court, and the work of the International Law Commission.
(3) Frequent Bilateral Inter-Government Legal Dialogues and Exchanges
——Mechanism for dialogues and consultation on the Law of the Sea and polar affairs. The fifth round of dialogues between China and the United States on the Law of the Sea and the polar affairs took place in Qingdao of China in March.The fourth round of consultation between China and Britain on the Law of the Sea and the second round of dialogue between China and France on the Law of the Sea and polar affairs took place in Beijing in October. The third round of dialogue between China and Argentina on the Law of the Sea and polar affairs was held in Buenos Aires in December. Through this mechanism, China and the related countries had profound and friendlyexchanges on the current legal issues of common concern in the areas of the Law of the Sea and the polar region.
——The first consultation of the joint judicial assistance working group of China and Switzerland took place in Beijing in May. The two sides unanimously held that in the background of the growing relations between the two countries and especially when the Chinese-Swiss free trade agreement was signed and would soon come into force, and the demand for judicial assistance of the two countries was growing, it was necessary to further strengthen cooperation in this area. The two sides agreed on the tasks and targets of the working group and focused their discussions on the individual cases of criminal judicial assistance and the issue of concluding a treaty.
——The fifth round of consultation between China and Canada on judicial and law enforcement cooperation took place in Beijing in September. The two sides were unanimous that the strengthening of the judicial and law enforcement cooperation was beneficial to the deepening of the strategic partnership between China and Canada. They focused their discussions on strengthening cooperation in pursuing escapees and recovering their illegal money and property. They agreed that they would set up a judicial assistance working group and another working group for the repatriation of escapees and other illegal entries under the consultation mechanism to further strengthen communication and coordination between the competent departments.
——In November, China and the European Unionheld their third meeting of the cyber working group in Beijing. The two sides exchanged opinions on the issues of legislation and policiesfor networks, international rules for cyber space, management of the Internet, cyber economy and cybercrime. They agreed to further strengthen the process of the network working group and promote the practical cooperation for the network of China and Europe.
——The 12th meeting of the Chinese-U.S. Joint Liaison Group (JLG) on Law Enforcement Cooperation was held in Beijing in December. The two sides stressed the importance of the law enforcement cooperation in the Chinese-U.S. bilateral relations, and encouraged themselves to continue to strengthen the construction of the JLG mechanism. They discussed about the method of strengthening cooperation in the law enforcement areas of identifying, repatriating or filing suits against escapees, returning assets, repatriating illegal immigrants, combatting drug, intellectual property and joint struggle against frauds.
——The director of the Department of Treaties and Laws of the Ministry of Foreign Affairs held more active consultations. China and the Republic of Korea held their 18th consultation on the Law of the Sea and the consultation between the chiefs of the departments of treaties and laws of the two countries in March. The two sides had frank and profound exchanges of opinions and reached extensive consensus on the issues of common interest concerning the Law of the Sea and the international law. In October, the directors of the departments of treaties and laws of the Chinese and Danish Ministries of Foreign Affairs held consultations in Beijing in October. They exchanged views on the issues of international laws concerning the North Pole, the sea, judicial cooperation, international human law, and administration of the networks. China and Brazil held their first consultations between the directors of the departments of treaties and laws of the ministries of foreign affairsin Brasilia in October. They had a full exchange of opinionson the issues of international laws concerning the establishment of the consultation mechanism for the directors of the departments of treaties and laws, the trends of the development of the international laws, judicial cooperation, international governance of the cyber space, state immunity, and the work of the Hague international private law conference.The director of the department of treaties and laws of the Chinese Ministry of Foreign Affairs and the legal counsel of the U.S. Department of State held the first consultation in Washington, had an extensive and profound exchange of views on the diplomatic and legal issues of common concern, and decided to establish an annual consultation mechanism.
(4) International Law Seminars and International Academic Exchanges
——The Ministry of Foreign Affairs and the China International Law Society jointly organized an international law seminar in Beijing in May to mark the 60th anniversary of publishing the Five Principles of Peaceful Co-existence.The participants at the seminar spoke highly of the historical significance of the five principles as the basic norms of the international relations and the international law. They analyzed and summed up the connotation of the principles of the time, and had positive discussions on the realistic guiding significance of the five principles in preserving international peace, security, development and cooperation and building the community of common destiny for all mankind. The Second China-Europe Law Forum was held in Vienna, Austria, in June. The Charter of its Guidance Committee was signed during the seminar to lay a firm foundation for the sustained development and stability of the China-Europe Law Forum. The first Chinese-European Legal Assistance Seminar was held in Beijing in September. It focused the discussions on the latest trends of the legal assistance in China and Europe, state policies for legal assistance in China and Europe, administrative system for legal assistance, modernization of the administrative ability, and opportunities and challenges for legal assistance. The Chinese-African Investment and Trade Legal Seminar was held in Beijing in September, and the participants had profound discussions from thelegal aspect ofthe problems arising from the cooperation in the Chinese and African investment, economy and trade. A seminar on the disputeresolution mechanism with Chinese and African characteristics was held in Beijing in September.It adopted the Proposal for the Establishment of the Dispute ResolutionMechanism with Chinese and African Characteristics. The first research and advanced study class for the Chinese and African legal personnel exchange project opened in Beijing in September. It was the first training class for African people in the legal profession.The seventh Chinese-Latin American Legal Forum was held in Brasilia, Brazil in December. The theme of the forum was "Rule of Law, Integration and Development", and the topics include "Construction of Infrastructure Facilities, Rule of Law and Development", and "Rule of Law and Integration——Trade, Investment and Dispute Resolution". The first BRICS Legal Forum was held in Brasilia, capital city of Brazil in December. BaoShaokun, head of the Chinese delegation of the China Law Society, said in his address at the opening ceremony that the establishment of the BRICS Legal Forum is the requirement of the development of the international relations, and it would produce a positive and far-reaching influence on the economy and politics of the BRICS countries, the developing countries, and the world over.The China-Southeast Asia and South Asia Legal Cooperation and Consultation Meeting and the Legal Seminar on the Silk Road on the Sea in the 21st century, organized by the China Law Society, were held in Tengchong, Yunnan Province in December. Participants at the meeting had discussions and consultations on the issues of the financial and legal cooperation and connectivity in Asia, the Islamic financialsystem, the trans-regional trading of RMB, the 2014 new financial administration in the Shanghai Free Trade Zone.
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