The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-07-27
CHINA TAKING
STEP FORWARD
Code Governing Legal Pro-
Cedure Has Been Revised
and Submitted to Emperor.
GREAT CHANGE WILL ENSUE
FURTHER PROOF OF ORIENTAL
PROGRESS.
GREAT CHANGE WILL ENSUE

Washington. July 26-Marked evidence
of the reform which is sweeping over
China can be seen is a recommendation
of commissioners named by the govern
ment TO revise the code governing Chin
csc legal procedure. which wa: recently
submitted to the empress dowager and
emperor for their consideration.
Two revolutionary changes in the legal
procedure of China are suggested. These
are the right of trial by jury and the en-
ployment OF attorneys for the ue1enSe of
crimi lals. Never in the histC ry 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 at
torneys been permitted to argue cases in
courts and this permission has ben linn
lted TO courts in coast cities where for
egners reside Heretofore a class OF
scribes .versed in legal pharaseOlogy has
been authorized to draw up petitions and
other legal documents, but these men
have mot been lawyers in the broader
sense.
Defects Pointed Out.
From the report of the commissioners
which has just been submitted TO the
state department il may be seen that
Japan's action in bringing its legal pro-
)ceduTe into harmony with the European
court methods has induced the Chinese
commissioners to suggest the abolition
Of the present antique methods OF that
empire for the methods in vogue among
sail western nations. International COM
picatOns as a result of the differences
between the procedure In China and In
other parts of the world are discussed
by the commission, which says:
In China mixed Chinese-foreign cases
are daily increasing in number and COM
Of Judgment different from theirs. and
there constantly arises a difference OF
Views. Chinese merchants, too. are not
familiar with foreign regulations; and
constantly suspect bias, and as such Sus-
pcions accumulate, harmony becomes i'm
possible. Every law suit growing out of
some ordinary trifling dispute becomes
question for international investigation.
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 permitted and their
adoption even being urged, although the
real body of the law may be perfect, it's
general operation will not be a success
and the judicial administration VIII hot
be improved.
Chinese Interests Injured.
Heretofore at the various ports Of in
te.national trade in China foreign law
Ners have already been permitted TO
practice in the courts. Worst of all even
The Yamens, following the custom of en-
pioying advisers, have depended upon for
eigners for defense in Chinese suits, with
the result that much obstruction has been
experienced For instance, when a case
of international concern has arisen. they
have invited such an attorney to conduct
the case, although there is certainly no
right principle of action requiring man
TO assist others to the detriment of his
own people. On this account the eX-
territorial powers of the consuls grow
and extend themselves. How can one
bear to think of the evils that must after
ward result?
AS the changes suggested by the com
mission, if put into effect would neCessl-
tate the employment of hundreds of law
Yers throughout the provinces, the COM
missiOners make recommended ms for
the preparation of Chinese 10 undertake
this legal work. They suggest that hence
forth 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 nave completed their courses
shall be examined, and If found quail
fled shall be given diplomas and ap-
pOrtioned among the provinces to argue
cases before the court. If such young
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
by the magistrates TO assist in difficult
cases. Until recently such secretaries had
no official standing.
Revision of the Code.
revision of the code accomplished by
the commission provides for the division
of all cases into two classes, civil and
criminal The civil class includes cases
having TO do with debts. houses. lands.
titles and da IMAGES. Cases that have to
robbery ana swindling are included IN
the criminal class.