laws and the judicial prison system, izes the police offences 1a which, it says, exposes every reident to detention for tufting offences.
The Report assumes as regards the morphia law that the new penal code when enacted will readjust the provisions of the law of 1920 with] A tha provisions of the second revised draft penal code relating to narcotics.
The Commissioners express "the lion that judicial precedents have! would guide judges in the exercise of discretion concerning the relevane, admissibility and materiality of evidence in criminal procedure, The Report goes' on to say that the judicial police regulations by permitting the police to exercise [powers of investigation ce-extensive with those of the Procurator entails delays particularly because no prescription exists limiting the period in which officials may exercise their ights of investigation. before hand-jing over a case to a Procurator.
The Commissioners declare that undoubtedly the decisions and opinions of the Supreme Court serve as a useful source of civil law, but definite provision is needed to ensure general recognition of all the decisions of the Supreme Court by lower courts, Concerning civil law, the Report mentions the provisional restoration. of the procedure relating to deten-civil defendants in Peking. It points out that the Ministry of Justice has promulgated supplement-Jary rules contrary to the spirit of ithe regular civil regulations promulgated by the President.
The Commissioners express the opinion that the existing rules in China do not provide. sufficient safeguards against bad faith on the part of a plaintiff, while the rights fof third parties are insufficiently guaranteed against erroneous as~ jsertions of creditor concerning property allegedly belonging to his 'The Report also draws attention to the lack of provisions for securing notarial proof of non-enforcement of regulations relating to leadastral survey of land in' the absence of a unified commercial status. lorations purporting to be martial law are made with such frequency that the administration of law is hampered. "This practice gravely menaces the proper administration fof the civil law."
Nevertheless, the Commissioners appreciate the' efforts to evolve a judicial system and to draft laws intended to carry out the ambition China as expressed in the Treaties of 1902 and 1903, but th assimilation of new principles. not kept pace with legislations: hence anomalies have arisen in the shape of ancient laws continuing to be enforced side by side with new Taws.
Text read from the printed page and cleaned; old type leaves the occasional error.