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Extraterritorial experiences and China’s decision to curb extortion of confessions through torture

  • Xinlin Peng

    Xinlin Peng is a Professor and Assistant Dean of College for Criminal law Science of Beijing Normal University. His research interests include Chinese criminal law, comparative criminal law and criminal procedure law.

    and Heping Dang

    Heping Dang is an Assistant professor of School of Humanities and Social Science of The Chinese University of Hong Kong. Her research interests include Chinese criminal law and criminal procedure law.

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Published/Copyright: January 9, 2023

Abstract

Extortion of confessions through torture is a serious problem in China’s criminal justice. Extraterritorial experiences can help China tackle this problem. The optimization of the prevention mechanism of the extortion of confessions through torture in China should be based on extraterritorial experiences. This study focuses on the themes related to extortion of confessions: disciplining criminal law network of extortion of confessions through torture, controlling time and place of interrogation strictly; solidifying suspects’ right of silence, guaranteeing the enactment of the exclusion rule of evidence illegally obtained, and exploring and establishing a lay visitor inspection system. Based on the findings obtained in the empirical study, we hope implications can be provided for the studies on curbing extortion of confessions in other jurisdictions.


Corresponding author: Heping Dang, School of Humanities and Social Science of The Chinese University of Hong Kong, Shenzhen, China, E-mail:

About the authors

Xinlin Peng

Xinlin Peng is a Professor and Assistant Dean of College for Criminal law Science of Beijing Normal University. His research interests include Chinese criminal law, comparative criminal law and criminal procedure law.

Heping Dang

Heping Dang is an Assistant professor of School of Humanities and Social Science of The Chinese University of Hong Kong. Her research interests include Chinese criminal law and criminal procedure law.

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Received: 2021-12-10
Accepted: 2022-09-25
Published Online: 2023-01-09
Published in Print: 2022-12-16

© 2022 Walter de Gruyter GmbH, Berlin/Boston

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