Top of page

Article Australia; China; France: Extradition Treaties

(May 2, 2008) On April 24, 2008, the Standing Committee of the National People's Congress of the People's Republic of China (PRC) ratified extradition treaties with France and Australia. Each treaty has 23 articles. The treaties cover, among other matters, extradition obligations, extraditable offenses, reasons that can be used and reasons that should be used to refuse extradition, property transfer, channels of contact, re-extradition, temporary custody, delayed transfer and temporary transfer, means of dispute settlement, and the treaty's entry into force and termination procedures. Neither Australia nor France has capital punishment, and so each of the treaties provides that the respective country can refuse to extradite a suspect who would face the death penalty in China. (Quanguo Ren Da Chang weihui pizhun Zhong Ao yindu tiaoyue [The National People's Congress Standing Committee [NPCSC] Ratifies China – Australia Extradition Treaty], XINHUA, Apr. 25, 2008; Quanguo Ren Da Chang Weihui ni pizhun Zhongguo he Faguo yindu tiaoyue [The NPCSC Plans to Ratify the Extradition Treaty between China and France], XINHUA, Apr. 22, 2008; China Ratified Extradition Treaties with Australia and France, BEIJING REVIEW, Apr. 25, 2008, available at

Spain was the first developed, Western country with which China signed an extradition treaty. The treaty was ratified on April 29, 2006. It was also the first among the PRC's extradition treaties to contain provisions touching on the death penalty issue. (Zhongguo lifa jiguan pizhun yu fada guojia de shouge yindu tiaoyue [China's Legislature Ratifies the First Extradition Treaty with a Developed Country], XINHUA, Apr. 29, 2006; Zhonghua Renmin Gongheguo he Xibanya Wangguo yindu tiaoyue [Extradition Treaty of the PRC and the Kingdom of Spain] [Chinese text], PRC Ministry of Foreign Affairs Web site, Apr. 4, 2008.)

China has reportedly signed 99 bilateral judicial assistance protocols with more than 50 countries and regions. That figure includes 58 treaties on civil and judicial assistance, 30 on extradition, five on the transfer of criminals, and six on “the crackdown on national separatist forces, religious extremists and international terrorist forces.” (BEIJING REVIEW, supra.)

About this Item


  • Australia; China; France: Extradition Treaties

Online Format

  • web page

Rights & Access

Publications of the Library of Congress are works of the United States Government as defined in the United States Code 17 U.S.C. §105 and therefore are not subject to copyright and are free to use and reuse.  The Library of Congress has no objection to the international use and reuse of Library U.S. Government works on These works are also available for worldwide use and reuse under CC0 1.0 Universal. 

More about Copyright and other Restrictions.

For guidance about compiling full citations consult Citing Primary Sources.

Credit Line: Law Library of Congress

Cite This Item

Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Chicago citation style:

Zeldin, Wendy. Australia; China; France: Extradition Treaties. 2008. Web Page.

APA citation style:

Zeldin, W. (2008) Australia; China; France: Extradition Treaties. [Web Page] Retrieved from the Library of Congress,

MLA citation style:

Zeldin, Wendy. Australia; China; France: Extradition Treaties. 2008. Web Page. Retrieved from the Library of Congress, <>.