A critical analysis of Chinese courtroom conversation

Abstract

This study aims to fill a research gap by examining the differences in courtroom discourse between the inquisitorial and the adversarial system. This empirical study is based on 6 real trials from online sources. It analyzes question types and the speaker's implicature to reveal different degrees of control in courtroom questioning. This study finds that courtroom interaction is a process involving control: while the court uses strategic questions, unbalanced turn distribution and interruption to control the defendant, the defendant strives to escape the control through self-select turns. It is also found that the judge holds more control than the prosecutor, although the prosecutor acts as the major questioner in court. This study also demonstrates that in the inquisitorial system the judge is biased towards the victim.