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司法协助是各国在平等与互惠的基础上相互为对方国家的司法活动提供方便与合作的一项制度。它有广义与狭义之分。广义的司法协助包括民商事司法协助、刑事司法协助、引渡、诉讼移管、被判刑人移管和犯罪资产的返还与分享。狭义的司法协助则仅指民商事和刑事司法协助。一、我国司法协助的产生与发展改革开放之前,我们对司法协助知之甚少,几乎连概念都说不清。19世纪中叶之前,满清政府闭关锁国,经济不发达,没有这个需要。之后的满清政府和
Mutual legal assistance is a system by which all countries provide convenience and cooperation to each other’s judicial activities on the basis of equality and reciprocity. It has broad and narrow sense. Mutual legal assistance includes civil and commercial judicial assistance, criminal justice assistance, extradition, transfer of litigation, transfer of sentenced persons and the return and sharing of criminal assets. Narrow judicial assistance refers only to civil and commercial matters and criminal justice assistance. I. The Emergence and Development of Judicial Assistance in Our Country Before the reform and opening up, we knew little about mutual legal assistance and could hardly tell the concept. Before the mid-19th century, the Manchu government closed its doors and its economy was underdeveloped and there was no such need. After the Manchu government and