In the Pursuit of the Constructed Truth: Courtroom Questioning as a Persuasive Genre of Talk

Abstract

ABSTRACT In China, the police have been the single dominant player in criminal cases, while the procuracy and the courts have played only complementary roles. More often than not, as long as the police have launched a criminal investigation, the procuracy will prosecute the targeted person and the courts will return a guilty verdict. In the shadow of policing power, the Chinese criminal justice system operates with unique characteristics, with both the procuracy and the courts mostly coordinating with the police to address crime, but rarely practising ‘mutual constraint’. If a criminal prosecution encounters an irregularity, the three agencies coordinate with one another first and seek a solution that benefits all. Under this operational mode, both defendants and their lawyers are entirely excluded from the core decision-making process of the criminal justice system, in which they have no choice but to passively accept the result of the coordination between the police, the procuracy and the courts. Through an analysis of courtroom discourses, this paper unfolds the dynamics of criminal trials and the interactions between the defence, prosecutors and judges.