bèigào: 被告 - Defendant, The Accused

• 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.

• 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.

• 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.”

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.

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 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.

• 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.

• 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.