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Mou, Yu (2021) 'The Transplanted Appropriate Adult Scheme in China.' The Howard Journal of Crime and Justice, 60 (1). pp. 25-45.

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Abstract

Borrowed from England and Wales, the Chinese Appropriate Adult Scheme involves a dynamic of selective adaptation. This article analyses two salient features of the appropriate adult scheme within the Chinese context, in comparison with its counterpart in England and Wales: its complementarity of the juvenile's parent, and the passive role that appropriate adults play during pretrial interrogations. Drawing upon empirical evidence, the article argues that the transplanted Chinese appropriate adult scheme has failed to oversee the legality of interrogations, nor does it provide adequate safeguards for juvenile suspects. The concept of vulnerability that lies at the heart of the appropriate adult safeguard in England and Wales appears to be lost in translation. Rather than providing a safeguard for juveniles at their most vulnerable, the appropriate adult is more concerned with indulging the needs of the interrogators in China.

Item Type: Journal Article
Keywords: appropriate adult; China; juvenile criminal justice; legal transplant
SOAS Departments & Centres: School Research Centres > Centre for Asian Legal Studies
Subjects: K Law > K Law (General)
ISSN: 20591098
Copyright Statement: © 2020 The Authors. The Howard Journal of Crime and Justice published by Howard Leagueand John Wiley & Sons LtdThis is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs License, which permits use and distribution in any medium, provided the original work isproperly cited, the use is non-commercial and no modifications or adaptations are made.
DOI (Digital Object Identifier): https://doi.org/10.1111/hojo.12393
Date Deposited: 18 Sep 2020 12:53
URI: https://eprints.soas.ac.uk/id/eprint/33462

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