Jan. 31.
Wrrnovr any preliminary observations and in a distinctly offhand manner the Chung Foo News Agency this week announced the expectation that foreign Powers would agree to the abolition of—extraterritoriality. Such a statement can mean only} that an early abolition is contemplated, if it means to convey anything, at all, but no mention of negotiations leading up to such a consummation is made. It is not our intention here to discuss this statement—there is not enough evidence in its favour to warrant, that—but it leads to a consideration of the progress made in' Chitia's judiciary. "Before, however, leaving this report altogether, one explanation for its appearance may be suggested, namely the statement that a section of opinion in Japan favours the abolition of extraterritoriality. In a recent publication this view was expounded, and it has not failed to receive attention from the Chinese, though it may be doubted whether it has been given the reception hoped for. For our benefit the Chinese—certainly a deep-thinking section them—construe this move on the Timeo Danaos theory; an attempt to regain popularity with the Chinese and their confidence, and furthermore the forging of an instrument of barter, a quid pro quo for the negotiation of further concessions. With this part of the subject we are not at present! concerned, but rather in the effort to reform China's judicial system which has been, on paper at least, part of the policy of the country since 1902. Tt has received a good deal of attention in recent years, and a book which we noticed recently in our review: columns, ''Modern China'' Mr. S. G. Cheng, calls further tention to it. by Even in their position as pri-vote practitioners, however, they are wielding a certain quiet influence in various directions.
"Tu the reform of her judicial They have considered the jury system China has done well in system with reference to China, places, hut naturally over such a \and only recently its introduction large country it is not to be ex-iwas again mentioned.
By this it pected that an equal standard of is not to be assumed that these efficiency should be achieved.! men are ready to advocate a forefront, as might naturally be!
Shanghai is reported to be in the, wholesale introduction of a prac-expected, and in the court here! cases are understood to be dealt with justly and expeditiously. But it has to be questioned when ther the country is obtaining the best possible legal talent for positions on the bench. The British public knows its judges as men thoroughly versed in the routine of the law through many years of training as barristers, and there is no doubt that this has made ours the most expeditious system in the world.
We are apt to regard others with a certain amount of disfavour accordingly, but our practice is by no means general, and here in China we find that few if any of the judges have been previously engaged in practice. The majority are graduates from the law colleges in China and Japan, and in spite of the number now here, we are not aware of a case in which one who has graduated as a barrister at Home is on the bench. It is not that the Government does not want such men: it does, but hitherto has not seen its way to offer them sufficient monetary inducement.
The emoluments of office are so much less than the proceeds of private practice that it has been impossible to attract them. Here is no question of patriotism, we are glad to say, for many of these barristers have announced their intention of accepting judgeships after some years at the bar; and these men will then make a valuable addition to the country's judiciary. Bui in the meantime we might lay stress on the point to which attention has been repeatedly called, that China is losing a chance of more rapid progress by the fact that she will not spend money enough to attract these people to her service.
; tice such as the British, rather is it the intention to confine ji juries to. one class of case—political trials, and the safeguard it is sought to impose here will readily be appreciated. In one caséalready the authorities themselves decided to apply it to such a trial, and it is said that popular clamour was appeased by the procedure. Obviously, however, such a system will have to be one of natural growth, it can hardly be evolved in a day, otherwise strange results will ensue. When the Bolsheviks first reared their head in Russia they used to lay hands on the first trio of people who could be found and set them to try a case. Thoroughly untrained and very often ignorant of what was afoot, they were clay in the hands of any skilful lawyer, with the result, it is said, that so many persons were acquitted that the process of trial was dispensed with. In China there would be no thought of enrolling the illitorate as jurors, as presumably the qualifications would be the same as those for an_ elector, which are distinctly high in their demands in respect of education, social position, etc. The very circumscribed nature of the class javaliable would impose too many burdens upon its members if every type of case were liable jury trial, but_by limiting it to Political causes these demands would not be too severe. This is an indication of the lines upon which ideas for judicial reform are running; and, referring for a moment again to the report we first quoted, we believe that the general opinion among the supporters of these reforms is. that the continuance of extraterritoriality will provide a model upon Which these and further changes may be based.
Text read from the printed page and cleaned; old type leaves the occasional error.