Cultural Relativism and Universal Fair Interrogation Standards in Europe and China

auteur Wei Wu
tijdschrift GofS (ISSN: )
jaargang 2012
aflevering European Criminal Justice and Policy
onderdeel Artikelen
publicatie datum 14 september 2012
taal English
pagina 143
keywords Europe, criminal interrogation, comparative analysis, China, history
samenvatting

This paper places the Chinese interrogation rules in a historical and comparative perspective by relating them to the very different development of interrogation procedure in Europe. A fuller understanding of the evolution of rules in both contexts is relevant to the present day’s controversy concerning the universal versus relative nature of interrogation fairness. The comparative analysis reveals that the ancient Greek and Chinese civilizations in fact resulted in very great difference between Europe and China in their legal cultures and the institutional arrangements of the criminal interrogation procedure. Considering future legal reforms in China, given the very different historical and institutional context, the likelihood of an ‘autonomous version’ of the right to silence and the privilege against self-incrimination in China’s very different soil seems low. But, traditional native resources are also available to legal reformers to ensure a cooperative interviewing style in the criminal questioning, and to eliminate police-coerced confessions.