The bilingual trial: access to interpreting, communication and participation in Chinese criminal courts

Abstract

In the course of its rapid economic growth and radical social changes, China has experienced a massive scale of domestic migration and a large inflow of sojourners from abroad. When migrants who cannot speak the language of the court come into contact with the Chinese criminal justice system, they are entitled to have access to interpreting, a due process right that guarantees fair trial and enables their full participation in the legal proceedings.

In this talk, I draw on empirical data from fieldwork observations and trial recordings to explore how access to interpreting is protected in the criminal courts. Through an investigation of defendants’ participation roles and their communicative challenges in the interpreter-mediated courtroom interaction, I attempt to show how inadequacies in the judicial practice could undermine the performance of procedural justice.