393.1121 McMillan, Archibald/1–1545: Telegram

The Ambassador in China ( Hurley ) to the Secretary of State

60. Experimental District Court of Chungking (Department’s 1712, December 28, paragraph 3) was established July 1, 1944, replacing Chungking District Court and is now sole Court of First Instance in Chungking District. Court operates under regulations promulgated by Supreme National Defense Council on April 28, 1942 providing for establishment of one or two Experimental Courts of First Instance near capital to function under Ministry of Justice (organ of Executive Yuan) and experiment with simplified procedure. First Experimental Court established at Pishan, Szechuan, in 1942; Chungking Court is second. Both courts have succeeded in modifying somewhat the cumbersome body of Chinese procedural law but have taken no liberties with substantive law and rights of litigants have in no way been affected. Simplified procedure adopted has reportedly reduced time required for cases from 6 months to 3 months in some instances. Although idea of establishing experimental courts originated with Ministry of Justice and was approved by Supreme National Defense Council—highest organ of wartime government—Legislative Yuan has never given full approval and is assumably averse to modifying procedural law. Jurisdiction of court however which derives from Executive Yuan and Supreme National Defense Council is unquestioned.