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Relativism and universalism in interrogation fairness: a comparative analysis between Europe and China

Wei Wu UGent and Tom Vander Beken UGent (2013) EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH. 19(3). p.183-213
abstract
This paper addresses Chinese interrogation rules from historical and comparative perspectives by relating them to the very different development of interrogation procedure in Europe. A fuller understanding of the evolution of the rules in both contexts is relevant to the present day controversy concerning the universal versus relative nature of interrogation fairness. The comparative analysis reveals that, in fact, the influence of ancient Greek and Chinese civilizations resulted in a great difference between Europe and China regarding legal cultures and institutional arrangements for criminal interrogation procedure. Considering future legal reforms in China, and given the very different historical and institutional context, the likelihood seems low that an ‘autonomous version’ of the right to remain silent and the privilege against self-incrimination will develop on China’s very different soil. However, traditional native resources are also available to legal reformers to ensure a cooperative interviewing style in criminal questioning, and eliminate police-coerced confessions.
Please use this url to cite or link to this publication:
author
organization
year
type
journalArticle (original)
publication status
published
subject
keyword
CULTURE, POLICE, IMPERIAL CHINA, WESTERN-EUROPE, CRIMINAL-PROCEDURE LAW, SELF-INCRIMINATION, DISPOSITION, PRIVILEGE, ORIGINS, DEFENSE, China, Comparative analysis, Criminal interrogation, Criminal justice, Europe, History
journal title
EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH
volume
19
issue
3
pages
183 - 213
Web of Science type
Article
Web of Science id
000322672200001
JCR category
CRIMINOLOGY & PENOLOGY
JCR impact factor
0.472 (2013)
JCR rank
41/52 (2013)
JCR quartile
4 (2013)
ISSN
0928-1371
DOI
10.1007/s10610-012-9184-0
language
English
UGent publication?
yes
classification
A1
copyright statement
I have transferred the copyright for this publication to the publisher
id
2967658
handle
http://hdl.handle.net/1854/LU-2967658
date created
2012-08-04 18:24:45
date last changed
2014-01-30 15:37:10
@article{2967658,
  abstract     = {This paper addresses Chinese interrogation rules from historical and comparative perspectives by relating them to the very different development of interrogation procedure in Europe. A fuller understanding of the evolution of the rules in both contexts is relevant to the present day controversy concerning the universal versus relative nature of interrogation fairness. The comparative analysis reveals that, in fact, the influence of ancient Greek and Chinese civilizations resulted in a great difference between Europe and China regarding legal cultures and institutional arrangements for criminal interrogation procedure. Considering future legal reforms in China, and given the very different historical and institutional context, the likelihood seems low that an {\textquoteleft}autonomous version{\textquoteright} of the right to remain silent and the privilege against self-incrimination will develop on China{\textquoteright}s very different soil. However, traditional native resources are also available to legal reformers to ensure a cooperative interviewing style in criminal questioning, and eliminate police-coerced confessions.},
  author       = {Wu, Wei and Vander Beken, Tom},
  issn         = {0928-1371},
  journal      = {EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH},
  keyword      = {CULTURE,POLICE,IMPERIAL CHINA,WESTERN-EUROPE,CRIMINAL-PROCEDURE LAW,SELF-INCRIMINATION,DISPOSITION,PRIVILEGE,ORIGINS,DEFENSE,China,Comparative analysis,Criminal interrogation,Criminal justice,Europe,History},
  language     = {eng},
  number       = {3},
  pages        = {183--213},
  title        = {Relativism and universalism in interrogation fairness: a comparative analysis between Europe and China},
  url          = {http://dx.doi.org/10.1007/s10610-012-9184-0},
  volume       = {19},
  year         = {2013},
}

Chicago
Wu, Wei, and Tom Vander Beken. 2013. “Relativism and Universalism in Interrogation Fairness: a Comparative Analysis Between Europe and China.” European Journal on Criminal Policy and Research 19 (3): 183–213.
APA
Wu, W., & Vander Beken, T. (2013). Relativism and universalism in interrogation fairness: a comparative analysis between Europe and China. EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH, 19(3), 183–213.
Vancouver
1.
Wu W, Vander Beken T. Relativism and universalism in interrogation fairness: a comparative analysis between Europe and China. EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH. 2013;19(3):183–213.
MLA
Wu, Wei, and Tom Vander Beken. “Relativism and Universalism in Interrogation Fairness: a Comparative Analysis Between Europe and China.” EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH 19.3 (2013): 183–213. Print.