Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-26
A SIGN OF PROGRESS
Recommendations Of a Chinese
Commission.
TWO RADICAL SUGGESTIONS
Right Of Trial by Jury and Employ
ment of Counsel.
STUDY OF THE LAW Is FAVORED
Effect of Example Set by Japan-Pro-
posed Abolition Of Present
Antique Methods.
STUDY OF THE LAW Is FAVORED

| press dowager and emperor for their ac-
| ton.
| 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 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 imme'
mcrial and only recently have attorneys
| been permitted to argue cases In courts
| and that permission has been limited to
| courts in coast cities where foreigners re-
! side. Heretofore class OF scribes yersed
| in legal phraseology has been authorized
to draw up petitions and other legal docu-
ments but these men have not been law
yers In the broader sense.
Effect Of Japan's Example.
From the report of the commissioners
| which has just been submitted to the State
| in bringing its legal procedure into har-
| mcny with European and American court
methods has induced the Chinese commits
| sioners to suggest the abolition OF the pres
| emit antique methods Of that empire for the
methods In vogue among all western ma
tons. International complications as re-
suit of the difference between the procedure
| in China and in other parts of the world
are discussed by the commission, which
says:
I'm China mixed Chinese-foreign cases are
daily increasing in number and compexity.
| Foreigners consider our manner of judg-
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 trifing
dispute becomes question for international
investigation. There have been tnnumera-
| less the rules of court procedure be re-
vised, 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 operation will not
be success, and the judicial administration
will not be improved. The ancient rule in
China has been for the board of punish
ments to have special jurisdiction OF crimi-
cases concerned with debt or with real es-
tate transactions, SO that some slight dis
tinction has been made between civil and
criminal cases"
Trial by Jury.
Regarding trial by jury" the commits
sioners say:
"An examination of the Rites OF the
Chou dynasty shows that the officials hav-
ing jurisdiction in capital cases had three
methods Of deciding upon capital sem
tence. Tile third is called. Taking the
Opinion of the People (which means) that
all the people must approve of the proposed
execution. after which the punishment. ac
quiesced in both by the officials above and
the people below, is inflicted Mencius
statement about killing by decree of the
people fits in with this, and this indeed Is
the origin of trial by jury. This method
of deciding upon a capital sentence has
been unheard of since the time of the Chin
and Han dynasties The present practice
of other nations east and west Is nearly
identical with the ancient custom Of
China.
Certainly the institution of criminal
statutes by the imperial government origi-
naly grew out Of the desire to protect the
good and virtuous and reform the wicked
and cruel 1t is the disposition of men to
deceive by misstatements, and a single adj
ministrator of the law being limited in his
powers Of discernment. 1t is not easy for
him to get at the facts; but when number
of men are depended apon for the hearing
and Investigation. it is easy to distinguish
between truth and falsehood. If an un-
worthy criminal magistrate takes brides
and engages In crooked practices, deciding
cases according to his own feelings and
resorts to fine writing to cover UP his
offences or makes malicious misstatements
to implicate others or Is guilty of other
such malpractices, it becomes more than
We have to request, therefore, that here
after in all the provincial capitals, as well
as all large ports OF international trade,
and in the mixed court(s) members of the
gentry, wealthy merchants and others
shall be invited to lend their services and
list of jurors prepared. and that, in any
case in the trial of which Jury ought to
be employed. an experiment be made of
the practice at the proper time in accord
ance with the plan submitted herewith.
'If the place be small one. and wanting
any persons properly qualified to act as
jurors, the adoption of the practice may be
temporarily postponed until education shall
have become more general dn the distr1ct),
when the plan may be put into operation.
and we may hope that Judgment will be
administered more justly, that the severity
OF the punishment by mutual discussion (cf
the 5urors) will be determined In accord
ance with public opinion, and that, as g.
ma tier of course. the miscarriage of Justice
by favoritism as well as the wilful infie-
ton of punishments unduly severe, will be
avoided
Supply Of Lawyers.
As the changes suggested by the comrnis-
sion. II put into effect would necessitate the
employment of hundreds Of lawyers
throughout the provinces. the commission
ers make recommendations for the prepare
ton of Chinese subjects to undertake that
legal work. In the port cities Chinese hav-
Ing cases In the courts have been COM
PEELED to employ foreigners as their law
yers- The commission states that this has
resulted In much obstruction and is not
right. as attorneys in International cases
should be of the same nationality as their
clients.
To supply Chinese lawyers. the commits
sioners suggest that henceforth In each Of
the provincial schools q definite number ~
students OF good character. serious minded
and well versed In the law. shall be select
| ed. who. after they have completed their
courses. shall be examined and II found
qualified shall be given diplomas and an
pornoned among the provinces to argue
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