The Archive · 1931

Influence of Swiss Code

Practice la China of Foreign Ethics

In summarising the principles on which are based. the creed and beg of modern China, Dr. Sun Yat-sen, the late Kuomintang leader, writes: "Young China, because of in some parts of the United States Jand from what existed in old China, and will have a democracy, comprising two powers: the power over the government and the power of the government.

That China has not only looked towards Switzerland for her political efficiency, but inspired herself from the very essence of the Swiss spirit and -cthies—the Swiss Pozzy de Besta, the newly ai ed. lecturer on' Swiss Civil Law at the Comparative Law School of China, who will assume his duties shortly.

"It is one of those enigmatic; phenomena of destiny that modern China. will receive part of its edueaion from Professor Eugene Huber, Jereator of the Swiss Civil Code for the ethical principles contained in the Civil Code of the Republic of China, deriving vastly from our 'Swiss' Civil Code, will slowly but surely work thelt way into young Gins's"soul and' so take truy the ronhetic ord of the late Kuomin" ang lender, Dr. Sun Yat-serly thay youre' China, wil impte herself from. what is already. practised Switzerland" so fan interview with a Fepresentative of the "North-ching "Daly: News Bee. 4

We said chat the new Chinese coder primarily "ibericed by the Swiss clit code, underwent" far reaching "changes: the omission ancestral worship, an indiepensbie part of the old) Chinese code, Coue of the outstanding: features for he new order of law; another the recognaed equality between Mian and wean It is interesting ornate. he said, that the Chiness civil code follows the Swisn almost textually" in. prescribing that' there are no provisions of law Sppiicable, the ease: shall be' decks el according to easter, "The Chinese civil cole adopts textanlly the. Swiss stipules tions on the birth and death of a person, Dr. de Besta sail," "and ewize the prescriptions concerning" missing "persons And fur-her: "whenever one's rights are infringed by another's unlawful acts, he may apply to, the court Zeng toed of he tig follows almost textually the Swiss the, Chinese code agrin

code: action for damages may be Srought only im those cases ape ally provided by law.

According to Dr, de Besta, the most extensive influence, exercised lih by the Swiss law on the Chie neve code and at the. fame time the. most "reveltionary, Is to be fund inthe provisions" concerning "It is not yet possible to discern even approximately the changes which will take place in the next few decades in China's social structure on account of the new family law, for it is here that west-culture, western mentality, western customs clash most violent.

every fact that the leaders with old Chinese, customs" and modern China adopted a family law which derives in its vital part from the Swiss code, is an historic event. of yet unknown consequences.

"The Civil Codification Commission, in compiling the family "law, fully realised the revolutionary. change whith was to be brought Jabout by an adoption of western ideas on the family and its internal tion Commission was from. time Therefore cautiously thatthe time confronted with problems of the most delicate nature and had make decisions which are to govern henceforth the personal 400,000,000 Chinese.

"Indeed, old China's cultural and political structure reposed sively on the family and, i wider sense, om the clan, thus con-tresting with the, individualistic and centralistic social structure of Europe and America. And, quoting tone more the introduction of the Chinese code, the notion of unity of the population formed by families and clans had to be substituted "to. the more primitive n-of unity of families oF clans.

color. interests of the lated groups had to yield to the general interest of the nation. Put into practice this new End, to enable the citizens to make a better use of their personal abilities to the. best interests. of their country, it was imperative that the excessive grip of the old family' ties ever Biould berloosenegeO HNseal

Text read from the printed page and cleaned; old type leaves the occasional error.

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