在原告和被告英文法律术语的翻译

2011-06-10 15:15 编辑:admin 来源:发表论文 浏览:
Legal translation, translation of technical terms is particularly important because "the role of technical terms is the most concise description of a word or phrase generally accepted complex legal concepts, doctrines or rules, people can make the law simpler language communicate with each other "(Zhu scheduled early 2002). However, because "the legal language of each corresponding set of terminology is a legal concept of system" (Du Gold List, 2004), and "compared with other words, the law can better reflect the specific terms of a legal system or typical system, "so that different" legal system (or system) is not correspondence between the term "inevitable, and became" one of the difficulties of translation of laws and regulations "(ibid.). That is, the translation of legal terms is a legal one of the difficulties in translation.

In the legal process of learning English, I deeply appreciate, Mr. Du said pole is in Chinese and English legal terms are not of legal correspondence between the terms can be described as clear as daylight. However, "the basic requirements of legal translation is rigorous, that the Target Language should be precise to express the true meaning of the source language. Specifically," a term in English law the most important element, therefore, accurate translation of technical terms is to achieve strict the necessary steps. "(Zhu set early 2002) So, I am in the translation of legal terminology to discuss space and learn from great room, but the practice did not suffer from deep, can not afford the legal terminology of the numerous and voluminous translation of the global nature of discussion, had to line far from near, climb inferiority, select from this problem of Chinese legal terms "plaintiff" and "defendant" in the English translation of the micro issues ventured to a small test in an attempt to sharpen chopper, I hope eventually became aggressive and more willing to give rise to legal English community and the legal translation of the present and future of legal terms translated more attention and concern.

6 lists the English expression, which declarant, demandant, prosecutor, quaerens, relator 5 kinds and the "Chinese-English Law Dictionary," listed in the translation of non-overlapping; "defendant" set out the expression of 7 in English law, which still Two and a defender and reus "Chinese-English Law Dictionary," listed in the translation of non-overlapping. Almost the calculation of only the two dictionaries for the plaintiff to "identify" the English translation of 15 kinds, 11 kinds specified for the accused in English translation. This "Zhongguaxuanshu" situation between the two legal systems is undoubtedly the term does not correspond with the product. The question is: can a lot of English expressions in English in Chinese laws and regulations of any use? If so, they should be free to use the translator? If not arbitrarily chosen, but also how to choose? Chinese and English of the original, the defendant meaning and English translation (a) the plaintiff in the plaintiff a Chinese pination pill "pit one against ten," the Chinese and a British "former, the defendant" in Chinese law, the plaintiff, the defendant's name a long time, the concept is relatively clear, still almost the only expression one. English is not the case in law, in a certain context is basically the Chinese "plaintiff" and "defendant" have quite a vocabulary of more than ten species. Only in the "Chinese-English Law Dictionary", the "plaintiff" released in English translation have actor, accusant, accuser, complainant, claimant, indicter, libellant, plaintiff, plaintiff accuser, actor complainant and other 10 kinds, "the accused" had defendant, fugiens, indictee, libenee, respondent, the accused, the accused party, accused person, charged Pa Y, etc. 9; in the "New English Dictionary of Law" in the "plaintiff" under the "plaintiff" in the "Ci Yuan" in the interpretation of : "sue people."

"Ci Hai" interpreted as "private prosecutor in criminal cases, civil cases to the courts of the people." "Modern Chinese Dictionary" interpreted as "① to the court proceedings or the organs, organizations. Also called the plaintiff." "Study of Law Encyclopedia of China" (hereinafter referred to as "the book})) in the" civil party "under the definition said:" The proceedings in his own name, ask the court to protect its interests, which were set up to litigation as plaintiff "(1984: 422). According to the above definition and the "PRC Civil Procedure Law," "Administrative Procedure Law of the People's Republic" and other relevant provisions of other relevant laws, the paper that "the plaintiff" in the socialist jurisdiction refers to the proceedings non-criminal proceedings the party. In criminal proceedings, the prosecution case, the prosecutor representing the State called the prosecutors to prosecute, private prosecution proceedings in cases of people called the private prosecutor. Prosecutor and private prosecutor in the proceedings in the eyes of the status of the plaintiff, although it is basically the same, but the law for them to determine the inpidual title. Therefore, the "Ci Hai" is defined explicitly as a private prosecutor, "the plaintiff" and referred to the scope of legal terminology from the point of view are obviously inappropriate. In fact, from the definition of the law on the plaintiff to see, "Ci Yuan" and "Modern Chinese Dictionary" overly broad interpretation is also suspected.

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