New-York tribune., 1901-01-16
WI TING-FANG AT ALBANY
FHINEsE MINISTER ADDRESSES THE
STATE BAR ASSOCIATION OK HIS
COUNTRY'S LAWS

STATE BAR ASSOCIATION or HIS
CoUNTRY's LAWS.
Albany Jan l5-wu Tfng-fang. Chinese Minister
10 the United States addressed the annual meeting
of the New-York State Bar Association at Har-
-ranus Beecker Hall tonight. The hall was filed
with three thousand persons who listened with
great attention 10 Minister Wus address, the sub
5ect Of which was Chinese Jurisprudence Francis
NJ Finch former Judge Of the Court Of Ap-
jeals president the association presided and on
the stage we're seated judges Of the Court of Ap-
peals and Supreme Court. State officers, members
of the Legislature and prominent members OF the
bar.
Prior TO the meeting ex-Attorney-General simon
W Rosendae entertained Minister WI at dinner
Governor Oden was among the guests. After the
meeting reception in Minister Wus honor was
held at the Fort Orange Club.
Minister Wu spoke in part as follows
The law Of China may be treated under three
heads-comnon law, statute law and case law: BY
common law / mean that which consists OF those
principles and rules sanctioned by usage and Gus.
tom from time iulmemOrial: Another source OF
common law Is to be Ionmq N me wise caffered
through The classics. some OF these are 1orIy
In the trial Of for murder and other serious
crimes Chinese judges are particularly careful ana
stretched in favor Of the accused they will give
nonicfing i an innocent person is most serious
Suppose a person were convicted and sentenced to
innocent and appeal TO Picking resulted in the
reversal the decision All me Ofi1clalS VINO ldu
anything to DO with the trial of the case from the
Governor OF the Province down TO the sub-magfs- @
jected to the severest punishment. -.
st Ins sae 81 S OF eia Tt eoeton G Was Iad over
twenty centuries ago; ana slRce f9fn aen1
mept abrogation and amalgamation. as circum-
stances required. The standard work which Is
now in use over the whole Empire Of China is
called Ia Ching Luli. generally known as the
Penal Code. II contains not only the fundanentai
ranged under seven headings. viz: General. Civil,
to Public Works. and is subdivided into four hun
dred end thirty-six sections II also contains n l.,
Tner9r ~ 'e rth "tes ad comments nstrating the
practice and theory OF the law appended. The
first edition published in 1647 only three years
edition IS generally issued every FIVE or ten years,
with summary reports of important cases that de-
serve notice
LAWS OF MARRIAGE AND DIVORCE.
The law provides various degrees, Of punishment
for a man or woman who marries during the legal
FOR widow Who marres again within the legal
perios Of mourning for her deceased husband, & the
months. Whoever marries a wife or husband hav-
st the same time under confinement in prison for
a capital offence shall be punished with eighty
blows Nevertheless If such person enters
into me marriage state at such period by the e5-
P Pslent N q PRISON mo no pun sa ,,+peS
SUI inflicted The prohihitionS as to marriage be;
other relationship more numerous and general
than those in this country in Europe There is
. provision against the marriage of priests. If
Ta b 9T 9 s Pf fdn hs and NARY a ys6 be s6a fro1 5e
shall be nu and void. The Law sanctionine divorce
Righteousness. disobedienc4 to her husbands par
ents taIkativeness. thievery jealousy and Ieprosy
Of the same section. which declares that although
chsrgeabie on the wife. Yet if any Of the three
reasons against a divorce should exist. namely:
husbands parents; (2) the family having become
m rage and q the % wife r Ravng PARENTS f living
- receive her back again. taen none Of the seven
y me husband should put away his wife upon such
. her back
LAW AGAINST TRUSTS.
" The sixth and seventh books deal with usury.
measures II may be noted that the Legal rate Of
Interest is 3 per cent per mensem but in practice
against lnonopolists and unfair traders which is
when the parties 70 purchase or sale of goods
o9 % not a1ca6y m agTge respecti1s the terms and one
influence in tho market obliges the other to allow
in trade. by entering into private Understanding
with the commercial agent and by employing other
un- arrantable contryances, raise the price Of their
oNn goods although of low value. in ali such cases
With eighty blows each for 0f his OVEN niondne P1n5hed
When trader, observing the nature Of the COM
10 suit manage the disposal or appreciation of
excite distrust against the proceedings of the other
end thereby draws unfairly greater proportion OF
There are no trusts in China yet but if there
put them down under the law.
CONFESSION REQUIRED OF ACCUSED.
The system of procedure for the administration
OF the law IS peculiar and essentially different I'm
many respects from that which prevails in Amer
lea anG Europe. In the first place, we have no
such thing a jury. The Judge or ma gistrate
as the case may be. tries the case alone and has
10 decide Il according law and equity no sen
1ence car be passed without The confession Of the
confession by torture. / am sorry to saw is often
Iesorted 10. But the consequence Of conyictini,
the wrong person is very serious. In some cases
me MAGISTRATE has To suffer the punishment
1nat has been inflicted upon the innocent victim
nls has the effect Of causing all magistrates and
39oees 70 he extremely careful in the investigation
HAs PROPOSED TO REVISE LAWS
fo5 aae avs s and practices Of China have been
ehIcTced TOT many centuries. Generations of Chi
aese nave lived. moved, worked and died under
laeIn- sEe Penal Code has Leen in force for
JUS provisions are taken from the codes of preced-
lng dEnast'es and embodied in it. Al the time
clrcunstances Of that period for the Fmpire Of
thlha was then practically shut out from com
1.efcP and intercourse with the Western nations
IneTe were no ports opCi to foreign trade where
ALndrecs ana thousands Of foreigners could reside
ana transact business with the natives as tba-a
are noH. There were no treaties with ofbar ~
rights and special privileges uDon 90
The country. there are now What is naasa5 a.
sn my humble opinion. is 10 recast and revise fbe
CODE to suit the requirements and rircunnste - ce
OF the present day Napv Of ite lsIoeS
be retained, while many others which ara nt ~
heeplhg WIN The present state of society should
may say that efforts have been made in Sb1 a..
H TIfeeLon ; on my part, bat far without success
sloinG N various parts Of China and The vast
l.aGF tiat Is being daily carried on bv nilI;0nr
IS an urgent necessity for the co,1ISc aI ~ mere
ente SSoe giving the laws relating to pat