It was decided by voting at the fourth session of the Standing Committee of the 11th National People’s Congress on August 29, 2008 that the Treaty between the People's Republic of China and Japan on Criminal Judicial Assistance was ratified.

While testifying to the fourth session of the Standing Committee of the 11th National People’s Congress, Vice Foreign Minister He Yafei said that as the economic and trade relations between China and Japan move deeper and the people-to-people exchanges get increasingly frequent, criminal cases concerning the two countries happened from time to time. The two countries also carried out judicial cooperation, which is getting increasingly closer. In 2004, Japan proposed the signing of a treaty on the transfer of sentenced persons. Out of actual needs, China proposed the signing of a treaty on criminal judicial assistance first. Japan responded positively to China’s proposal. In December 2007, Chinese Foreign Minister Yang Jiechi and Japanese Foreign Minister Masahiko Komura signed the Treaty between China and Japan on Criminal Judicial Assistance on behalf of their countries.

The Treaty between China and Japan on Criminal Judicial Assistance contains 21 articles, mainly covering the scope of application, reasons for refusing or deferring judicial assistance, contents and forms of the request for judicial assistance, ways and expenses for executing the request, confidentiality and limited use, taking of evidence, service of instruments, dispute settlement, and the procedures of entry into force and termination of the treaty.