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| 被告 [2025/08/10 03:55] – created xiaoer | 被告 [Unknown date] (current) – removed - external edit (Unknown date) 127.0.0.1 |
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| ====== bèigào: 被告 - Defendant, The Accused ====== | |
| ===== Quick Summary ===== | |
| * **Keywords:** bèigào, beigao, 被告, Chinese defendant, Chinese accused, legal terms in Chinese, Chinese court, lawsuit in Chinese, to be sued in Chinese, plaintiff vs defendant Chinese | |
| * **Summary:** "被告" (bèigào) is the formal Chinese legal term for the "defendant" or "the accused"—the party being sued in a civil case or prosecuted in a criminal case. A fundamental term for understanding the Chinese legal system, it is used in official documents, news reports, and courtroom proceedings. It contrasts directly with "原告" (yuángào), the plaintiff, who initiates the legal action. | |
| ===== Core Meaning ===== | |
| * **Pinyin (with tone marks):** bèigào | |
| * **Part of Speech:** Noun | |
| * **HSK Level:** HSK 6 | |
| * **Concise Definition:** The person or entity being sued or prosecuted in a court of law; the defendant. | |
| * **In a Nutshell:** "被告" is a formal, specific word you will only encounter in legal contexts. It's formed by "被" (a passive marker) and "告" (to accuse), literally meaning "the one who is accused." Think of it as the official title for someone on trial, whether for a contract dispute or a criminal charge. It's not a word used in everyday, casual disagreements. | |
| ===== Character Breakdown ===== | |
| * **被 (bèi):** This character is one of the most common ways to form the passive voice in Chinese, similar to "to be [verb]-ed" in English. For example, `我被批评了 (wǒ bèi pīpíng le)` means "I was criticized." Its original meaning was a type of blanket or cover, which can be a helpful mnemonic—the defendant is "covered" by an accusation. | |
| * **告 (gào):** This character means "to tell," "to inform," or, in a legal sense, "to sue" or "to accuse." It's the same character found in `告诉 (gàosù - to tell)` and `报告 (bàogào - report)`. | |
| When combined, **被告 (bèigào)** creates a perfectly logical term: "the one who is subjected to an accusation." | |
| ===== Cultural Context and Significance ===== | |
| The term **被告 (bèigào)** is a direct translation of "defendant," but its cultural weight can feel different to a Western learner. The Chinese legal system, while having adopted many international norms like the presumption of innocence, operates within a social context that places immense trust in and authority upon the state. | |
| * **Comparison to "Defendant":** In the American adversarial system, the "defendant" and their lawyer are in a direct contest against the prosecutor. The process is a battle between two equal-ish sides, refereed by a judge. In China, the system is historically more inquisitorial, where the judge plays a more active role in investigation. While this is changing, the public perception remains that being officially named a **被告** means you are in a serious confrontation with the state's apparatus. The conviction rate in China is exceedingly high, so the label **被告** can carry a stronger social stigma and a greater presumption of guilt in the court of public opinion, even if not in the court of law. | |
| * **Formality and the State:** Using a term like **被告** signals that a dispute has escalated beyond personal disagreement into the formal, state-sanctioned realm of the judiciary. This is a significant step in a culture that traditionally values harmony and prefers resolving conflicts through mediation or informal channels to "save face" for all parties. Becoming a **被告** means the situation is now public, serious, and in the hands of the authorities. | |
| ===== Practical Usage in Modern China ===== | |
| You will almost exclusively encounter **被告** in formal settings. It is not a conversational word. | |
| * **In the News:** Media reports on trials will constantly refer to the **被告**. | |
| * `新闻报道了此案**被告**的详细信息。` | |
| * `Xīnwén bàodào le cǐ àn **bèigào** de xiángxì xìnxī.` | |
| * `The news reported detailed information about the defendant in this case.` | |
| * **In Legal Documents:** Any court summons, indictment, or judgment will use **被告** to officially identify the party being sued or prosecuted. | |
| * **In the Courtroom:** Lawyers, judges, and prosecutors will use this term consistently. You might hear phrases like `传唤**被告** (chuánhuàn bèigào - to summon the defendant)` or `**被告**席 (bèigào xí - the defendant's stand/dock)`. | |
| * **Connotation:** The term itself is legally neutral and objective. However, due to the context in which it's used, it's always associated with serious, negative situations like lawsuits and criminal charges. | |
| ===== Example Sentences ===== | |
| **Example 1:** | |
| * 他就是这起案件的**被告**。 | |
| * Pinyin: Tā jiùshì zhè qǐ ànjiàn de **bèigào**. | |
| * English: He is the defendant in this case. | |
| * Analysis: A simple, direct sentence identifying someone's legal role. | |
| **Example 2:** | |
| * **被告**坚称自己是无辜的。 | |
| * Pinyin: **Bèigào** jiānchēng zìjǐ shì wúgū de. | |
| * English: The defendant insisted that he was innocent. | |
| * Analysis: Shows how to describe the defendant's plea or position. `坚称 (jiānchēng)` means "to firmly state" or "insist." | |
| **Example 3:** | |
| * 法官问了**被告**几个问题。 | |
| * Pinyin: Fǎguān wènle **bèigào** jǐ gè wèntí. | |
| * English: The judge asked the defendant a few questions. | |
| * Analysis: A common courtroom scenario. | |
| **Example 4:** | |
| * 原告和**被告**在庭外达成了和解。 | |
| * Pinyin: Yuángào hé **bèigào** zài tíngwài dáchéngle héjiě. | |
| * English: The plaintiff and the defendant reached a settlement out of court. | |
| * Analysis: This sentence introduces the opposite term, `原告 (yuángào)`, the plaintiff. `达成和解 (dáchéng héjiě)` is a set phrase for "to reach a settlement." | |
| **Example 5:** | |
| * **被告**的律师提出了一项新的证据。 | |
| * Pinyin: **Bèigào** de lǜshī tíchūle yí xiàng xīn de zhèngjù. | |
| * English: The defendant's lawyer presented a new piece of evidence. | |
| * Analysis: Demonstrates the relationship between the defendant and their lawyer (`律师 lǜshī`). | |
| **Example 6:** | |
| * 这家公司因合同违约成为**被告**。 | |
| * Pinyin: Zhè jiā gōngsī yīn hétong wéiyuē chéngwéi **bèigào**. | |
| * English: This company became the defendant due to breach of contract. | |
| * Analysis: Shows that a company, not just a person, can be a `被告`. `因...成为... (yīn... chéngwéi...)` means "to become... because of...". | |
| **Example 7:** | |
| * **被告**被判处三年有期徒刑。 | |
| * Pinyin: **Bèigào** bèi pànchǔ sān nián yǒuqī túxíng. | |
| * English: The defendant was sentenced to three years in prison. | |
| * Analysis: An example of a sentence (verdict). `被判处 (bèi pànchǔ)` means "to be sentenced to." | |
| **Example 8:** | |
| * 根据法律，**被告**有权保持沉默。 | |
| * Pinyin: Gēnjù fǎlǜ, **bèigào** yǒu quán bǎochí chénmò. | |
| * English: According to the law, the defendant has the right to remain silent. | |
| * Analysis: Discusses the legal rights of the defendant. | |
| **Example 9:** | |
| * 他坐在**被告**席上，看起来很紧张。 | |
| * Pinyin: Tā zuò zài **bèigào** xí shàng, kàn qǐlái hěn jǐnzhāng. | |
| * English: He sat in the defendant's stand, looking very nervous. | |
| * Analysis: Introduces the related noun `被告席 (bèigào xí)`, the defendant's stand or dock in a courtroom. | |
| **Example 10:** | |
| * 所有证据都指向了**被告**。 | |
| * Pinyin: Suǒyǒu zhèngjù dōu zhǐxiàngle **bèigào**. | |
| * English: All the evidence pointed to the defendant. | |
| * Analysis: A phrase common in crime dramas or news reports summarizing the prosecution's case. | |
| ===== Nuances and Common Mistakes ===== | |
| * **Don't Use It Casually:** The most common mistake is to use **被告** for non-legal, everyday "accusations." | |
| * **Incorrect:** 我弟弟吃了我的蛋糕，所以他是**被告**。 (Wǒ dìdi chīle wǒ de dàngāo, suǒyǐ tā shì **bèigào**.) -> "My little brother ate my cake, so he's the defendant." | |
| * **Why it's wrong:** This is a trivial matter, not a legal one. It sounds absurd in Chinese. You would use a simple description like `是他干的 (shì tā gàn de - he did it)` or, if you were jokingly accused, `我被冤枉了 (wǒ bèi yuānwang le - I was framed/wrongly accused)`. | |
| * **被告 (bèigào) vs. 犯罪嫌疑人 (fànzuì xiányírén):** This is a crucial distinction that learners often miss. | |
| * `犯罪嫌疑人 (fànzuì xiányírén)` means "criminal suspect." This is the term used by police and prosecutors during the **investigation phase**, before formal charges have been filed and the case goes to court. | |
| * `被告 (bèigào)` is the term used **after** the prosecution has been formally initiated. The suspect (`嫌疑人`) officially becomes the defendant (`被告`) when the trial begins. Using the wrong term indicates a misunderstanding of the legal process. | |
| ===== Related Terms and Concepts ===== | |
| * [[原告]] (yuángào) - The plaintiff; the accuser. The direct antonym of **被告**. | |
| * [[犯罪嫌疑人]] (fànzuì xiányírén) - Criminal suspect; the person being investigated for a crime before being formally prosecuted. | |
| * [[起诉]] (qǐsù) - To prosecute; to sue. This is the action that turns a person into a **被告**. | |
| * [[辩护]] (biànhù) - To defend (in a legal context). This is what the **被告**'s lawyer does. | |
| * [[律师]] (lǜshī) - Lawyer. | |
| * [[法官]] (fǎguān) - Judge. | |
| * [[法院]] (fǎyuàn) - Courthouse; court of law. | |
| * [[判决]] (pànjué) - A verdict; a judgment (from a court). | |
| * [[上诉]] (shàngsù) - To appeal a legal decision. A **被告** who is found guilty may choose to do this. | |
| * [[罪犯]] (zuìfàn) - A convict; a criminal. This is what a **被告** is called after being found guilty of a crime. | |