Laws, Ordinances, Regulations and Rules Relating to the Judicial Administration of the Republic of China

By Joseph En-Pao Wang | Go to book overview

REVISED PROVISIONAL REGULATIONS GOVERNING TRIAL PROCEEDINGS BY A MAGISTRATE

(PROMULGATED MARCH 30, 1923)

Article 1. Any civil or criminal case which is either within the jurisdiction of a Local Court or a District Court as a court of first instance, shall be tried by the Magistrate in a District where there is neither a Law Court nor a Judicial Office.

But a case which is within the jurisdiction of a Local Court shall, in a District where there is a Trial officer, be tried in the name of the Magistrate's Office by the Trial Officer alone who shall assume full responsibility; while a case which is within the jurisdiction of a District Court shall be banded over by the Magistrate to the Trial Officer for trial. In such a case, both the Magistrate and the Trial Officer shall jointly assume full responsibility.

Article 2. The jurisdictional area of a District corresponds to its administrative area.

Article 3. When in any case civil or criminal, an error in jurisdiction is discovered before judgment is pronounced, such case shall be sent, according to circumstances, to a competent Magistrate or a competent law court for trial.

Article 4, The announcement of a withdrawal by a Magistrate shall be made to the High Court.

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