The Archive · 1930

AGAINST CHINESE

New measures regarding jurisdic tion over mixed criminal or civil cases, in which foreign nationals ent eying extra-territorial _priviloges are plaintiffs, have been formulated by the Judicial Yuan after cox sultation with the Ministry of Fore ign Affairs, Besides. instructing the various Courts throughout the country to observe these measures, the Yuan has requested the Ministry to notify the diplomatic ropresontatives of the foreign States con-

1—According to these measures, all "appeals of mixed cases which were sub judice -at the time when the Commissionerships of Foreiga Affairs were abolished (December, 1929) shall be tried and adjudicate by the Provincial High Court the nearest Branch High Court, In all such eases over which the District Court had original juns-diction, either of the parties, if dissatisfied with the decision.of the Provincial High Court (of Appeal), may lodge another appeal with the Supreme Court at Nanking.

2,—Jurisdiction over all. appeals of mixed cases brought up since the abolition of the Commissionorships of Foreign Affairs shall be determined according to the ordinary Criminal or Civil Procedure Law.

Where appeals of cases over which the summary division of the Dit trict Court has original juriadietion have already been commenced at the Provincial High Court, (of Appeal) or the nearest Branch High Court—prior to the receipt of the present order—the Court concerned shall continue to hear the cases." (Surisdiction over such appeals, it may

District Gourt according to therChited, properly belongs to the nese Judiciary Law), It may be recalled that according to a former order, all appeals of mixed eases are to be heard by Pre= vineial High Courts or Branch High Courts. In view of the fact that according to the existing la pellate jurisdiction does not, belong. exclusively to Provincial' High [Courts—as District Courts have appellate jurisdiction over cases of minor "importance-—the Judicial Yuan has instituted the new measures in order to make the adjud'- ication of mixed cases conform to the national judicial system, B.—With effect from September all cases of original jurisdiction in districts where there are moder Courts shall be tried by such Courts, However, in districts where no.modern Court has been established, the District Magistrate shall have Jurisdiction over such mixed cases; the parties may, however, by mutual agreement, tung their cases (the modern) District Courts. Appeals shall be determined according to the ordinary Criminal or Civil Procedure Law—Kuo Min,

Text read from the printed page and cleaned; old type leaves the occasional error.

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