Abstract

Court conciliation conducted by judges in Chinese people’s courts has been playing a vital role in resolving civil disputes. When it heaps praises and compliments, it also faces severe criticisms such as pressing parties to settle due to judges’ over-engagement. To date, except for mere criticisms from the legal literature, few efforts have been made to reveal how judges get engaged linguistically in conciliation and whether their engagement exceeds the limit in each phase of court conciliation. This paper, taking the engagement system of the appraisal framework and the exchange structure model as the theoretical basis, aims to analyze the features of judges’ engagement and the underlying forces that influence their engagement. Data-analysis shows that for court conciliation conducted in court, judges often employ dialogically contractive resources in uni-directional information exchange structures to warrant their engagement. Under the co-influence of the driving and curbing forces, judges are often “dancing with shackles” in court conciliation