Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-07-26
Revolutionary Changes in Legal
Procedure Have Been
Suggested.
TRIAL BY JURY IS ONE OF THEM
What Decision Empress DoWager and
The Emperor VIII Make, is
Unknown.

Washington. July g. Marked evil
deace Of the reform which is sweeping
China can be seen is a recommended
ton Of commissioners uamed by the
government to revise the code govern
ing Chinese legal procedure which was
recently submitted to the empress dow
ager and emperor for their eonsidera-
tion.
Two revolutionary changes in the le-
gal procedure " China are suggested.
These are the hight OF trial by jury
and the employment OF attorneys for
the defense OF criminals. Never IN the
history Of China has the practise Of law
been recognized as a reputable profess
sion. The study OF law has been
frowned upon nom time immemorial
and only recently have attorneys been
permitted 10 argue cases IN courts ana
this permission has been limited 10
courts IN coast cities where foreigners
reside. Heretofore a class OF scribes
yersed 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 commission
ers which has Just been submitted TO
the state department. Il may b. seen
that Japan's action In bringing It's legal
procedure into harmony With the Euro
pean court methods has induced the
Chinese commissioners 10 suggest the
abolition Of the present antique meth
DDS Of that empire FOR the methods In
vogue among an western nations. In
ternational complications 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 are daily increasing In number
and compleNity Foreigners consider
our manner Of judgment different from
theirs and there constantly arises a
difference Of Views. Chinese merchants
too ere not familiar with foreign regu-
lations. and constantly suspect bias
and as such suspicious accumulate,
harmony becomes impossible. Every
law suit growing out OF some ordinary
triflng dispute becomes a question FOR
international investigation. There
have been innumerable cases Of this
sort IN resent years. Unless the rules
Of court procedure be revised, with
changes Of all kinds being permitted
and their adoption even being urged,
although the YeM body lof the fawj
may be perfect. rs general operation
viii 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
10 practise In the courts. Worst OF al. I
even the Yamens following the custom I
of employing advisers have depended /
upon foreigners FOR defense In Chinese /
suits with the result that much OBJ /
structon has been experienced For in |
stance. when a case of international |
concern has arisen. they have invited /
such an attorney % conduct the case. |
although there IL certainly no right /
principle Of action requiring a man 10 /
assist others 70 the detriment Of HE I
own people. On this account the eX-
territorial powers ~ the consuls grow
and extend themselves How can one
bear 70 think Of the evils that must
afterward result"
As the changes suggested by the
II put into effect, would
necessltate the employment Of hun
drsds Of lawyers throughout the prov
icces. the commissioners make recon-
Tor the preparation Of Chit
nese 20 undertake this legal work They !
suggest that henceforth IN each OF the
provincial schools where men are be-
Ing trained in the Law q definite mum.
Der OF students OF good character. "seri-
Gus minded and well yersed IN the law"
shall be selected, who after they have
completed their courses, shall be ex.
smined and IL found qualified. shall
b. given diplomas and spportioned
among the provinces TO argue cases
before the courts. IL such young men /
,annot be provided on short notice the
recommends that each
province shall select the best qualified
n its legal secretaries for this work.
These legal secretaries are men "a.
nilisr with the code, employed as pri-
'ate secretaries by the magistrates 10
.sslsi IN dlflcult cases. Until recently
UGH secretaries had no official stand
ng.
A revision Of the code accomplished
W the commission provides for the
livlslon Of all eases into two classes,
iv'l and criminal. Tho civil class IN
dudes cases having 20 Do with debts.
louses. lands, titles and damages.
'atos that have 10 do with rebellion,
murder, robbery and
winding are included IN the criminal
lass.