The evolution of criminal interrogation rules in China

Imperial Bureaucracy and Criminal Trials

“…Despite the limited empirical evidence, the very public display of judicial tortures in plays and folk stories is more than enough to leave an indelible impression of judicial torture, not only of its existence but also of its absolute tyranny. The evolution of criminal interrogation rules in China is the focus of Wu and Vander Beken's (2011) recent study. Their ambitious paper presents a thorough historical analysis that covers from the pre-Han to the post-Mao reform era.…”

“…14 The differentiation of confession by persuasion and confession by judicial torture offers additional depth to our understanding of the subject. Wu and Vander Beken (2011) argue that through the interplay between Confucian moral standards and legalist's bureaucracy, the persuasive interrogation model of the Tang Code offers a norm that has remained stable until the early twentieth century. On the other hand, there is a hardened view that law should be unsympathetic as it is a necessary evil in order to restore the broken social order.…”

Relativism and Universalism in Interrogation Fairness: A Comparative Analysis Between Europe and China

“…If the suspicions were confirmed, the suspect would be greatly shamed and criticized to persuade the 'offender' to change his mind, repent, and admit to the facts of the crime (Ren, 1997;Chang, 2004). Chinese literature, arts, and folklore often portray the magistrate as talking loudly, powerfully, and fiercely to urge the reluctant suspect to confess (Wu and Vander Beken, 2012).…”

“…More precisely, 'law is to be used by the proletariat as a weapon in class struggles against the enemy in order to realize the people's democratic dictatorship' (Peerenboom, 2002:44). Owing to the dominance of a heavily instrumental understanding of law in the Mao era, the legal restraints on the power of police in criminal interrogations varied in accordance with the changes in the official attitude towards law and depended largely on the political mode towards class struggles (Wu and Vander Beken, 2012). Free of substantial restraints, the aspiration of the investigator to capture the suspect as a testimonial resource is perfectly 'understandable'.…”

Is There Room for Optimism in China’s 2010 Exclusionary Rule and Its 2012 Revision?

“…While admitting that lawlessness was pervasive in China, the last 20 years as Wu and Vander Beken (2012) contend have been marked by steady progressive changes especially as they relate to procedural restraints in place that create cushions or safeguards against pervasive police practices during interrogations. Wu and Vander Beken contend that it was only after some relaxation of powers vested in officers that acceptance of the rule of law was triggered, and the notion that interrogations can be fair is being accepted even if not at a pace that the watching public likes.…”