Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1906-07-30
Change China Laws
TRIALS BY JURY one OF The
recommendations.
Also Proposedto Allow Attorneys
for Defense of Criminals--Re-
port of Commission Is Submit
ted to Emperor and Empress
Dowager.

China can be seen in recommends.
ton Of commissioners named by the
government to revise the code govern
ing Chinese legal procedure which was
recently submitted to the empress
dowager and empress fer their consid-
Grafton, and has just been received at
the state department.
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 prac-
tice Of law been recognized as repu.
table profession. The study of law
has been frowned upon from time i'm
memorial and only recently have at.
torneys 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 phrase
ology has been authorized to draw up
petitions and other legal documents,
but these men have not been lawyers
in the broader sense.
Follow Japan's Action
Japan's action in bringing its legal
procedure into 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 re.
suit of the difference between the pro.
cedure in China and in other parts sof
the world are discussed by the COM
mission, which says:
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 arise a
difference of views.
Chinese merchants, too, are not ia
miliar with foreign regulations and
constantly suspect bias, and as such
suspicious accumulate harmony be.
comes impossible. Every lawsuit
growing out of some ordinary triifng
dispute becomes question for inter-
national investigation.
Want Rules Revised
There have been innumerable cases
of this sort in recent years. Unless
the rules of court procedure be revised,
with changes of all kinds being per-
mitted and their adoption even being
urged, although the real body (of the
law may be perfect, its general oper-
MI MI to "a nd h<A In
dicial administration will not be I'M
proved.
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 the yamens, following the
custom of employing advisors, have
depended upon foreigners for defense
in Chinese suits, with the result that
much obstruction has been experien-
'ced.
For instance, when a case of in
transitional concern has arisen, they
have invited such an attorney to con.
duct the case, although there is Ger.
tainly no right principle of action re-
quiring man to assist others to the
detriment of his own people. On
this account the ex-territorial powers
of the consuls grow and extend them
selves. How can one bear to think
of the evils that must afterward re.
suit"
Changes Suggested
AS the changes suggested by the
commission, if put into effect would
necessitate the employment of hund-
reds Of lawyers throughout the pro-
vinces, the commissioners make recon-
mendations 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 definite
number of students of good character,
serious minded and we'll versed in
the law shall be selected, who. after
they have completed their courses,
shall be given diplomas and appor.
toned among the provinces to argue
cases before the courts.
A revision of the code accomplished
by the commission provides for the
division of all cases into two classes,
civil and criminal"
Contract for Future Hops