Page:Statesman's Year-Book 1921.djvu/803

 JUSTICE 751

tion," and literature is now being published in the simpler spoken language in preference to the erudite, classical medium.

Foreign residents in China are served by a number of excellent papers in English, published in Peking, Tientsin, Shanghai and Hankow. There are three French and several Japanese daily papers. Peking has three English daily papers and one French.

Justice.

Under the old system justice was badly administered. Extraction of confession by torture, bribery, and extortion, were essentid features of judicial administration. All Treaty Powers therefore claimed the right of extra-territorial jurisdiction over their own nationals in China. All Treaty Powers st ill retain this right, and will only relinquish it "when they are satisfied that the state of the Chinese laws, their method of administration, and other considerations warrant them in so doing."

In consequence of the non-recoguition of the Soviet Government the consular aud diplomatic privileges have since September, 1920, been with- held from the diplomatic and consular representatives of the former Russian government, and Kus.-ians made amenable to Chinese jurisdiction. These treaty rights, it is understood, will be rediscussed as soon as there is a stable government in Russia recoguised by the Powers.

The provisional Criminal Code now in fori e was drawn up in the closing year of the Tsing dynasty, and proclaimed on March 10, 1912, the first year of the Republic. The code was framed alter the Continental system, and adopts the most modern legislation in regard to conditional release and postponement of punishments. There are special provisions for the treat- ment of youthful offenders and insane persons. As regards the power of inflicting penalties, the arbitrary use of power by the court is guarded against by fixing a maximum and minimum, and sentence for each case. A second draft of this code, which awaits the formal sanction of Parliament, was completed in 1919. Texts in both English and French have also been published.

In regard to Civil Law, and Commercial Law, there is not yet a revised code, and therefore, the decisions of the courts derive their sources from the Unwritten Law and the Written Law, i.e., these parts relating to the Civil Law in the old code; aud the special laws enforced since the Republic, such as the Mining Ordinance ; the Copyright Ordinance ; the Commercial Asso- ciation Ordinance ; the Traders Ordinance ; and various laws relating to properties. Notable progress, however, is being recorded by the Law Codification Commission, assisted by an eminent French jurist, along these lines.

Progress in the matter of prisons has likewise been rapid. There are 39 model prisons, the administration of which follows the lines adopted in all foreign prisons.

There are at present 44 high courts and procuratorates, 38 branch high courts and procuratorates, and 102 district courts and procuratorates, with the Supreme Court and the Procuratorate-General at the head of alL The present Chief Justice of the Supreme Court in Peking is Dr. Wang Chung- hui, a graduate of both America and England.

Great Britain and the United States have special courts in China, the one, His Majesty's Supreme Court for China at Shanghai (established 1865), and the other, the United States Court for China (established 1906).

The first trial by jury in the annals of China took place on March 23, 1912.