On the Accuracy of Legal Translation——A Case Study of “General Principles of the Civil Law of the Peoples Republic of China”开题报告

1. 研究目的与意义

Along with the economic globalization, Chinese market has attracted investments from countries all around the world. Traditionally, China adopts the principles of territory in Civil Law so investors should abide by the rules of China instead of their own country. Investors should obey the newest documents and policies published by Chinese government. Legal text translation is urgently needed nowadays for foreign investors to have a better understanding of the rules related to their business activities. China has recently published a new document called #8220;General Principles of the Civil Law#8221;, which is the beginning of the formulation of Civil Law. This is an extraordinary progress of legal institution. There are many appropriative expressions, and we individuals possess different ideas about provisions caused by diverse culture and different cognition. Especially the official version, accuracy of the translated provisions is required so transnational businessmen can safeguard their rights and set standards for their business activities. Foreign investors should be given essential information and corresponding explanations in the translated edition so that they can figure out the underlying meanings without a consultant.

2. 研究内容和预期目标

In this thesis, we will make an analysis on the English version of #8220;General Principles of the Civil Law#8221;. This thesis is divided into five parts. The first part is an introduction to the current situation of legal translation studies. The second part introduces the features of Chinese law influenced by continental legal system. The third part starts with the current translation strategies of legal translation, which discusses professionalism, standardized language, consistency and identity, culturalism and individualism. The fourth part puts forward several questions and new strategies on legal translation, which contains new meanings of proper words and expressions and the aim of the framers. The last part is the conclusion which summarizes the ideas on the research. Except some existing principles of legal text translation, more ideas on the translation skills, such as meanings of terms and intentions of the law makers, will be mentioned in this thesis. 1 Introduction 2 Features Of Chinese Law Influenced By Continental Legal System. 2.1 Continental legal system 2.2 Features of Chinese Law 3 The Current Translation Strategies Of Legal Translation. 3.1 Professionalism 3.2 Standardized Language 3.3 Consistency and Identity 3.4 Culturalism 3.5 Individualism 4 Qestions And New Strategies On Legal Translation. 4.1 Meanings of terms 4.2 Intentions of lawmakers 5 Conclusions

3. 国内外研究现状

In most English-speaking countries, as for legal text, they can understand each other instantly. Accordingly, there are limited researches on legal translation. China now, however, has been an international and comprehensive country, so legal translation is much more important. Legal documents are changing every single day and the English version is equivalently needed. Many Scholars, such as Linan has done a lot researches on legal text translation, like the principles in legal translation, the importance of professional knowledge in translation and the subjectivity of the translator. Weichen, Gu, holds that specialty, rigor should be observed as principles as well as Ming, Huang, supports a translator should think about the cultural factors. Also, Yuanyuan, Zhou mentions the importance of tense and words. However, some other new significant factors, such as new meanings of words and expressions, special meanings of phrases and aims of the framer should also be taken into account for the accuracy of legal translation. Most of the legal words or expressions are given special explanations by the highest organ of power. To translate them simply by following our literal understanding is inadvisable. Also, the intention of the lawmakers is the ultimate thing that we have to discuss during the explanation of legal text.

4. 计划与进度安排

The research would be done by the following steps: 1 To be familiar with current researches and theories of legal translation. 2 To work out the main features and make a comparison between different English versions of #8220;General Principles of the Civil Law#8221;. 3 To analyze different theories of typical scholars. 4 To summarize examples taken from former research paper. 5 To make a summary of questions and work out the solutions in legal translation.

5. 参考文献

Deborah Cao. (2014). Teaching and learning legal translation. De Gruyter, 22, 103-119. Qinhua He. (2017). The first integrated practice of legal translation in modern China: A study of the Chinese translation of Elements of International Law , 1864. De Gruyter, 38, 151-168. Le Cheng, Mingyu Gong, Jian Li. (2017). Conceptualizing cultural discrepancies in legal translation: A case-based study. De Gruyter, 83, 131-149. Pi-Chan Hu, Le Cheng. (2016). A study of legal translation from the perspective of error analysis. 7, 235-252. Kexing Li. (2014). A study on the process of legal translation. De Gruyter. 31, 187-205. 顾维忱. (2015). 法律文本翻译的#8220;准确性#8221;与译者综合素质. 河北大学学报(3): 150-152. 何蓉. (2017). 法律文本的误译分析及其对翻译教学的启示. 科教导刊(13): 158-159. 黄敏. (2017). 跨文化视域下法律翻译的研究思路新探. 成才之路(27): 24-25. 李楠. (2012). 法律翻译策略. 海外英语(9): 179-180. 刘建军. (2014). 中西法律文化差异对法律英语翻译的影响. 北方文学旬刊(9): 101-103. 陆丽英. (2012). 基于法律文化语境的法律英语翻译原则与策略. 长江师范学院学报(28): 113-115. 王匡正. (2016). 法律词汇及翻译.海外英语(7): 230-231. 肖薇. (2016). 法律的语用研究述评. 佳木斯职业学院学报(3):388-389. 熊德米. (2013). 法律翻译的特殊原则. 西南政法大学学报(2): 128-135. 周媛媛. (2012).法律文件的语言研究.海外英语(7): 273-274.