Los Angeles herald., 1906-07-27
CHINA TO HAVE
REGULAR COURTS
REFORM WAVE SWEEPS THE
ORIENT
Hereafter Juries viii Decide Merits
Of Legal Entanelements.
Chinese to Study
Law
BY Associated Press.


WASHINGTON. July 26.-Marked
evidence of the reform that is sweeping
China can be seen in a recommendation
of commissioners named by the gov
ernment to revise the code governing
Chinese legal procedure, which was re-
Gently submitted to the empress dow
ager and emperor for their considera-
tion.
Two revolutionary changes in the
legal procedure of China are suggest
ed. These are the right of trial by
jury and the employment of attorneys
for the defense of criminals Never in
the history of China has the practice
of law been recognized as a reputable
profession The study of law has been
frowned upon from time immemorial
and only recently have attorneys been
permitted to argue cases in courts. and
this permission has been limited to
courts in coast cities, where foreigners
reside.
Heretofore a class of scribes versed
in legal phraseology has been auth
orized to draw up petitions and other
legal documents, but these men have
not been lawyers in the broader sense.
From the report of the commissions
ers which has just been submitted to
the state department it may be seen
that Japan's action in bringing its legal
procedure in harmony with the Eu-
ropean court methods has induced the
Chinese commissioners to suggest the
abolition of the present antique meth
DDS of that empire for the methods in
vogue among all western nations.
international complications as a re-
suit of the difficulty between the pro-
cedure in China and in other parts of
the world are discussed by the COM
mission which says:
Harmony Impossible
I'm China mixed Chinese-foreign
cases are daily increasing in number
and compleXity. Foreigners consider
our manner of judgment different from
theirs. and there constantly arises a
difference of views.
"Chinese merchants, too are not fa-
miliar with foreign regulations and
constantly suspect bias, and as such
suspicious accumulate, harmony be-
comes impossible. Every law suit grow
ing out of some ordinary trifling dis
pute becomes a question for interna-
tional Investigation. There have been
innumerable cases of this sort in re-
cent years. Unless the rules of court
procedure be revised, with changes of
all kinds permitted and their adoption
even being urged, although the real
body of the law may be perfect, its
general operation will not be a success
and the judicial administration will not
be improved.
Heretofore at the various ports of
international trade in China foreign
lawyers have already been permitted
to practice in the courts. Worst of all,
even in Yamen's following the custom
of employing advisers have depended
upon foreigners for defense in Chinese
suits, with the result that much OBJ
struction has been experienced.
Incidents Cited
For instance, when a case of inter-
national concern has arisen they have
invited such an attorney to conduct the
cases, although there is certainly no
right principle of action requiring a
man to assist others to the detriment
of his own people. On this account the
eX-territorial powers of the counsels
grow and extend themselves. How can
one bear to think of the evils that
must afterward result?"
AS the changes suggested by the
commission, if pat into effect. would
necessitate the employment of hun
dreds of lawyers throughout the
provinces, the commissioners make
recommendation for the preparation of
Chinese to undertake this legal work.
They suggest that henceforth in each
of the provincial schools where men
are being trained in the law a definite
number of students of good character,
'serious minded and well versed in the
law" shall be selected, who, after they
have completed their courses, shall be
examined and if found qualified shall
be given diplomas and apportioned
among the provinces to argue cases
before the courts. If such young men
cannot be provided on short notice. the
commission recommends that each
province shall select the best qualified
of its legal secretaries for this work.
These legal secretaries are men familiar
with the code employed as private sec
retaries by the magistrate to assist in
d1nicult cases. Until recently such
secretaries had no official standing.
"A revision of the code ACCOMPLISHED
by the commission provides for the
division of all cases into two classes,
civil and criminal