畢業(yè)論文設(shè)計OntheAccuracyofChineseEnglishTranslationofInternationalBusinessContracts

1、論國際商務(wù)合同英譯的準(zhǔn)確性O(shè)n the Accuracy of Chinese-English Translation of International Business ContractsAbstractWith China's market economy developing very fast and the deepening of the reform and opening up to the outside world, economic exchange with foreign countries is ever increasingly frequent, Chi

2、nese enterprises are finding more and more chances to cooperate with foreign businessmen. In order to conclude an international transaction parties should communicate with each other regularly via the help of translation. Contract, as a legal agreement, stipulates the obligations and rights for both

3、 the buyer and the seller, therefore the quality of its translation is essential to successful business cooperation.A study on the accuracy of translating contract documents will be well discussed in this thesis. Firstly, a general introduction is given about the contract, including the definition,

4、general provisions, legal elements and the significance of this study. Then in order to apply the techniques into the development of international business contract translation accuracy, the similarities and differences of language features between English and Chinese are illustrated. Next, through

5、the adaptation of Hallidays register theory, its application is probed in the improvement of international business contract translation. Lastly, the inaccuracy cases are explained and some suggestions are given.Key words: international business contract; C-E translation; accuracy摘 要 隨著我國市場經(jīng)濟(jì)的不斷發(fā)展和改

6、革開放的不斷深入，市場競爭機(jī)制得到進(jìn)一步完善，對外經(jīng)濟(jì)貿(mào)易往來日益頻繁，企業(yè)涉外經(jīng)營的規(guī)模逐步擴(kuò)大，與外商合作的機(jī)會越來越多，起草、談判、簽訂商務(wù)合同成為必不可少的環(huán)節(jié),其中起橋梁作用的當(dāng)數(shù)翻譯了。而在國際經(jīng)濟(jì)貿(mào)易活動，合同又是中外當(dāng)事人開展業(yè)務(wù)和維護(hù)權(quán)益最為重要的一種法律文件依據(jù)，因此對合同翻譯就提出了很高的要求，因?yàn)楹贤g的質(zhì)量對于雙方當(dāng)事人的權(quán)利和義務(wù)、合同本身的履行及合同爭議的解決常常會帶來極大的影響。因此從探究國際商務(wù)合同的準(zhǔn)確性入手，首先闡述了國際商務(wù)合同的定義、語言特點(diǎn)、一般合同經(jīng)常包含的條款以及研究合同翻譯準(zhǔn)確性意義的重要性，接著分析了中英兩種國際商務(wù)合同在詞匯，句法，篇章的

7、語言相似性和區(qū)別性，并對詞匯，句法，篇章三個層次的翻譯策略進(jìn)行了研究。其次，采用韓禮德的語域理論，分析了它在提高國際商務(wù)合同翻譯準(zhǔn)確性的作用和意義。最后，文章實(shí)例分析了國際商務(wù)合同翻譯中其它的常見翻譯失真，并總結(jié)了一名合格譯者應(yīng)該具備的素質(zhì)。關(guān)鍵詞：國際商務(wù)合同; 漢英翻譯; 準(zhǔn)確性 ContentsIntroduction1. About International Business Contract1.1. Definition of Contract1.2 General Provisions and Legal Elements of Contract1.3 The Significa

8、nce of Studying Contract Translation Accuracy 2. Accuracy of Contract Language2.1. Language Comparison between English and Chinese Contract 2.1.1. Lexical Level.2.1.2. Syntactic Level2.1.3. Textual Level2.2. Translation Techniques to Accuracy Improvement of C-E Translation2.2.1. Lexical Translation

9、Techniques 2.2.2. Syntactic Translation Techniques2.2.3. Textual Translation Techniques 3. Accuracy of Contract Register 3.1 Halliday: The Notion of Register3.2 Application of Register Theory in Accuracy Improvement3.2.1 Helping Identify the Contract Register 3.2.2 Helping Realize the Register Equiv

10、alence in the C-E Contract Translation 4. Analysis of Other Common Inaccuracies 4.1 Grammatical Inaccuracies 4.2 Mechanical Translation Inaccuracies 4.3 Laymen Inaccuracies5. Requirements for a Good Translator5.1 Strong Sense of Responsibility5.2 Bilingual Proficiency.5.3 Essential Professional Know

11、ledge ConclusionNotesBibliographyAcknowledgmentsIntroductionWith the trend of globalization and China's entry into the WTO, Chinese business has been undergoing ever-frequent exchanges with the outside world. Contract document translation, as a form of practical translation once was neglected by

12、 Chinese translators in their translation studies, has been paid more and more attention to since the last decade. A well-translated, especially an exactly translated contract document conduces to the smooth performance of a business, while a poor one may results in costly failure. Carrying on studi

13、es in this field can lead to people's recognition of the importance of contract document translation and thus help to improve the competitiveness of Chinese products in international market.Through the search in the western translation circles, it is found that the famous English translator, Ale

14、xander Fraser Tytler, had three principles of translation in his Essays on the Principles of Translation published in 1790. These three principles on translation are as follows:a) The translation should give a complete transcript of the ideas of the original work;b) The style and manner of writing s

15、hould be of the same character as that of the original; andc) The translation should have the same ease as the original composition. 1In these three principles, “a complete transcript”, “the same character” and “the same ease” are all the description of accuracy in translation.In China, There may be

16、 abundant fruits in translation studies, such as (信、達(dá)、雅)"faithfulness, expressiveness, and elegance", which is put forward by Yan Fu; "Rather to be faithful than to be smooth" (寧信而不順), which is advanced by Lu Xun's, etc. Yan Fu put forward these three principles in the prefac

17、e of his translation-"Ethics and Evolution"(天演論). He gave expression to his theory that "translation involves three requirements difficult to fulfill: Faithfulness, Expressiveness, and Elegance."(“譯事三難: 信、達(dá)、雅。”) In their theories, the study of accuracy is also obvious and promine

18、nt, such as the principle of faithfulness.However, all of these principles are originally the standards for literary translation; there are no real criteria for business contract translation. The present situation of business translation is characterized by “a mass of uncoordinated statements and di

19、d not go beyond the limits of empirical deliberation or essayistic aphorisms”. 2 Basing on the above development and considering the frequency and range of the application of contract documents, it is considered as an urgent task to conduct a further research on the business translation accuracy of

20、contract documents, and great hope of probing the accuracy of business contract translation into a higher level and demonstrating the possibility of putting the translation into the fullest extent. So the brief knowledge of business contract will be introduced, the English business contract language

21、 will be compared with the Chinese business contract language, then the translation techniques is well chosen for the accuracy improvement in business contract translation. Next, through the adaptation of Hallidays register theory, its application is also probed for the accuracy study. Finally, othe

22、r common inaccuracies are illustrated and suggestions are given for more exact business contract translation.1. About International Business ContractIt is self-evident that contract is very important in foreign trade and business. Therefore the translation of contract is vital in business activities

23、. The definition of contract will be firstly discussed. 1.1 Definition of ContractA contract ordinarily means an agreement between two or more persons-not merely a shared belief, but a common understanding as to something that is to be done in the future by one, both or all of them. Contracts are es

24、sentially promises; or groups of promises, to do something in the future. If the promises have certain characteristics defined by law, then the promises give rise to rights that will be protected by law and the breach of the promises will give rise to enforced remedies. Contracts can be oral or writ

25、ten. In fact, contracts, in a broad sense, are so much a part of living in a society that you are probably unaware of how many contracts you make every day: two people exchanging wedding vows enter into a contract of marriage; a person who has a child is bound to nurture and support that child; shop

26、pers selecting food in a supermarket is bound to purchase the goods for a stated amount. 1999 Chinese Contract Law defines contract as follows: A contract in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, th

27、at is, between natural persons, legal persons or other organizations. L.B Curzon gives in his A Dictionary of Law contract tile following definition: contract is a legally binding agreement. 3 A sales contract needs to be signed by and between the seller and the buyer after both parties have arrived

28、 at an agreement so that the transaction may come to an end to satisfy both parties. By doing so, both parties are bound by the contract which is based on the related law. In this way, if one party breaches the contract, the other party is entitled to take legal action against him. Once established,

29、 an international business contract has similar utility to a contract used in a domestic transaction. A contract is a promise, or a set of promises, for breach of which the law gives a remedy, or performance of which the law in some way recognizes as a duty. No matter whether it is international law

30、 or domestic law, sellers have both rights and obligations stipulated in the contract and so do buyers.1.2 General Provisions and Legal ElementsL.B Curzon in his A Dictionary of Law says: contract generally involves: (1) offer and absolute and unqualified acceptance; (2) meeting of minds;(3) intenti

31、on to create legal relations; (4) genuineness of consent; (5) contractual capacity of the parties; (6) legality of object; (7) possibility of performance; (8) certainty of terms; (9) valuable consideration. 3The 1999 Chinese Contract Law defines the following general provisions (1) title or name and

32、 domicile of the parties; (2) contract object; (3) quantity; (4) quality; (5) price or remuneration; (6) time limit, place and method of performance; (7) liability for breach of contract; (8) methods to settle disputes.In accordance with General Principles of the Civil Law of the People's Republ

33、ic of China, and the Contract Law of the People's Republic of China, a business contract shall be in compliance with the following legal elements:(1) contractual capacity of the parties; (2) equal legal status of the parties; (3) genuineness of consent; (4) free will; (5) honesty and trustworthi

34、ness; (6) fairness; and (7) complying with laws.1.3 The Significance of Studying Contract Translation Accuracy In order to improve the quality of commercial contracts translation, it is necessary to study commercial contracts translation accuracy systematically and extensively. Although commercial c

35、ontract translation theory is studied and numerous articles and books have been produced, it is far from satisfactory as the research has not systematically touched upon.Doing in-depth researches on this issue is actually showing the study direction of the business contract translation, which also p

36、rovides us a good chance for studying commercial contract translation .This study is characterized by its accuracy-orientedness. It emphasizes the accuracy of translation and its intended functions. What's more, the theory establishes a general correlation between text type and translation strat

37、egy, claiming that different text type calls for different translation strategy. All of these are of great significance and help the translator recognize the problems and find the solutions.Therefore, researches of accuracy of international business contract translation will bring great practical si

38、gnificance.2. Accuracy of Contract LanguageIn a contract, language is the soul and the core element, so accuracy of contract language is essential. In this chapter, a comparison about similarities and differences of contract language will be listed, and then a certain translation techniques will be

39、adapted to improve language accuracy.2.1. Language Comparison between English and Chinese Contract The legal quality of commercial contracts determines that commercial contract language definitely takes on identifying linguistic forms, such as selection of vocabulary, types of structures and convent

40、ions for the organization of information, etc., as compared with other styles. On the whole, both English and Chinese commercial contracts belong to a solemn style, characterized by completed syntactic meaning, well-knit structures and standardized style. Characteristics of commercial contracts may

41、find full expression in the following six points, namely, 1) focus in content; 2) standardization in layout; 3) complexity in structures; 4)indirectness in reference; 5) preciseness in expression; 6) carefulness in wording. 4 As for the analyzing and thorough understanding are necessary for translat

42、ion, then it is well known that comparison is a basic way to do researches. Just as Lu Shuxiang, a famous linguist, observes, "Characteristics of one thing, only through comparison with those of another, can stand out." 5 which is true of the field of translation. In order to find out thei

43、r similarities and differences, English and Chinese commercial contracts will be compared In this chapter therefore, to be specific, comparison is made at three levels, i.e., lexical, syntactic and textual. In the following discussions, these three levels are to be covered in detail.2.1.1. Lexical L

44、evel The range of vocabulary adopted in commercial contracts is extremely wide, totally different from that in ordinary English. Drafters of commercial contracts have developed marked preferences in their choice of words. In short, the following distinct characteristics should be taken into consider

45、ation.Firstly, frequent employment of archaic words; Archaisms can add a touch of formality to the language, thus endowing commercial contracts with solemn and archaic atmosphere. Both English and Chinese contracts enjoy a high frequency of archaisms. In English Commercial contracts, there are three

46、 common types of archaic words; which appear as "here-prep", "there-prep" and "where-prep". Such as hereinafter, thereunder, whereof, etc. In Chinese contracts, certain Chinese words such as 亦、若、倘、惟、概，which are typically ancient expressions, are often used in Chinese co

47、mmercial contracts. In essence, they can be viewed as an equivalent use of archaic words in English commercial contracts as well Secondly, careful choice of formal and legal words; It is a common phenomenon that formal or legal words are widely used in both English and Chinese commercial contracts.

48、Generally speaking, most of English formal and legal words originate form Latin, French or other languages. There are similar occurrences in Chinese commercial contracts. For instance, formal words such as“子、經(jīng)、由、特、如、應(yīng)、該、或”are preferred in Chinese commercial contracts. 'In the Chinese language, s

49、ingle-character terms are generally more formal than those composed of two or more characters. ". 6 Thirdly, terminologies; It is not difficult to notice that both English and Chinese commercial contracts abound in terminologies. For instance, Force Majeure, Letter of Credit, draft at sight, Bi

50、ll of Lading, technology transfer, share prospectus, firm offer are English technical terms and跟單匯票、不可撤銷信用證、報盤、承兌、議付、標(biāo)的物are Chinese technical terms. Fourthly, preference for the coordination of synonyms; In English commercial contracts, the coordination of all kinds of synonyms is extremely common.

51、However, the coordination of synonyms is seldom discovered in Chinese commercial contracts for the sake of conciseness. Refer to the following Chinese translation.terms and conditions 條款 make and sign 簽訂each and every 每 by and between 與Therefore, language similarities and differences in the lexical

52、level become obvious and study on this subject is an important part in studying the translation accuracy of international business contract.2.1.2. Syntactic LevelAt this level, discussions will be line with the stylistic similarities and differences concerning word, phrase, and sentence types of Eng

53、lish and Chinese commercial contracts.Nouns, verbs prepositions, articles and conjunctions are preferred to other parts of speech in English commercial contracts, although a limited number of adjectives and adverbs are permitted. Even pronouns and interjections are almost absent in English commercia

54、l contracts. This attributes to authority and solemnity of contracts, which shall be binding upon both parties through imposition of obligations and conferring of rights. On the other hand, relatively speaking, Chinese commercial contracts prefer verbs to nouns. Sometimes, two or more verbs can be u

55、sed in succession to perfect logic and expression. Of course, nouns still often appear in Chinese commercial contract, too. As to prepositions in Chinese commercial contracts, they do not cover such a wide range as those in English commercial contracts. Conjunctions are not often used in Chinese com

56、mercial contracts since Chinese is paratactic and demands little subordinate devices to reveal relations between or within sentences. Adjectives and adverbs are also confined to a small number in Chinese business contracts just like the English versions. Adverbs are employed to indicate conditions o

57、r circumstances on the performance of obligations. At last, pronouns and interjections, as those in English commercial contracts, are nearly absent in Chinese commercial contracts for the sake of objectivity and solemnity. As to the sentence types of English and Chinese commercial contracts, first o

58、f all, as is well known, English commercial contracts are characterized by complex sentences and tight logic, thus producing a lot of tong and complex sentences. Sometimes even one paragraph is just one sentence. Usually, nominal groups with post-modifiers enjoy a high frequency. Pre-modifiers are l

59、ess used; In contrast, there are also nominal groups in Chinese commercial contracts but with pre-modifiers. Secondly, adverbials are an essential component in contract language. Particularly, adverbials appear in the form of preposition phrases, which can clearly denote time, place, manner or condition without ambiguity or misunderstanding. Besides p