Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-07-27
NEW LAWS FOR The CHINESE
Imperial Commission Suggests Number of
Reforms in Legal Procedure.
WOULD INTRODUCE TRIAL BY JURY
Intention f. to Make Court Practice
Conform to Western Standard
Barristers Have Always
Been Banned.

WASHINGTON, July Embarked evil
dence Of the reform which is sweeping
China can be seen in a recommendation OF
commissioners named by the government
to revise the code governing Chinese lega
procedure which was 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 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, ana this permission has
been limited to courts in coast cities, where
foreigners reside. Heretofore class OF
scribes versed in legal phraseology has
been authorized to draw up petitions and
other legal documents. but these men have
not been lawyers in the broader sense.
From the report of the commissioners
which has just been submitted 10 the State
department, It may be seen that Japan
action in bringing its legal procedure into
harmony with the European court methods
has induced the Chinese commissioners to
suggest the abolition of the present an
tique methods of that empire for the
methods in vogue among all western ma
lions.
Recommendation of Commission.
International complications as a result
Of the difference 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 arc
al 49, aV,A
Foreigners consider. our manner of tudg-
ment different from theirs, and there con-
stantly arises difference OF views. Chi
nese merchants, too, are not familiar with
foreign regulations and constantly suspect
bias, and as such suspicious accumulate
harmony becomes impossible. Every law
suit growing out of some ordinary trifiing
dispute becomes a question for. interna-
tional intervention, There have been in
years. Unless the rules of court proct dura
be revised, with changes of all kinds being
Urged although the real BODY tof the iaW5
not be &c SUCCESS ar and Fine the iaacai admins
tration will not be improved. 80
Heretofore at the various ports of inter-
national 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 40
visers, have depended upon foreigners for
that much obstruction has been expert
enced. For instance, when case of inter-
national concern has arisen they have In
Vited such an attorney to conduct the
case although there is certainly no right
principle of action requiring man TO as
sist others to the detriment OF his own
people. On this account the eX-territortal
powers of the consuls grow and extend
themselves. How can one bear to think OF
the evils that must afterward resultT
May Educate Lawyers
As the changes suggested by the COM
mission, II put into effect, would necessi-
tate the employment of hundreds of law
yers throughout the provinces, the COM
missioners make recommendations for
China 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 com.
pleted their courses, shall be examined
and II found qualified shall be given d!plo-
mas and apportioned among the provinces
to argue cases before the courts. II such
young men cannot be provided on short
notice the commission recommends thai
each province shall select the best quail
fed of its legal secretaries for this work
These legal secretaries are men familiar
with the code, employed as private secre
taries by the magistrates to assist in diff
cult 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 The civil class includes easel
having 10 do with debts, houses, lands
titles and damages. Cases that have to do
with rebellion, counterfeiting, murder, rob
berry and swindling are included in the
criminal class.