Research on Legal Translation: Problems and Solutions

Qu Wensheng

   In recent years, engaged in "of" legal translation scholars gradually more up, scholars have made many achievements in scientific research, there are many high level works, textbooks and papers. But overall, particularly compared research direction developed legal translation and literary translation, linguistics, teaching method and other traditional, we found that the research on legal translation both articles in total also significantly lower, the quality should be a great improvement.

   Central Compilation and Translation Press in 2007 October published by the Chinese University Hong Kong, Nanjing Normal University, Li Defeng Hu Mu and Li Li et al. "Translation of legal texts", according to the editor in book cover, sealed and on the back cover of the book "the best set of statements, translation studies Chinese law for 40 years, renowned as 60 Chinese translation elites of wisdom." according to the arrangement, we can know clearly that, at present, legal translation research results mainly concentrated in one, the theory of legal translation; two, the legal language; three, legal translation, legal translation principles; four 5; five, the legal term translation. Between the principle or standard most researchers or on legal translation and general translation principles such as "faithfulness, expressiveness and elegance," different, or in the discussion of the characteristics of legal language and Its Enlightenment on translation, or in the discussion of legal terminology translation of these basic problems. Throughout the book, the reader can find, legal translation studies in a cycle, repeated study, study circles situation to a certain extent. Consider the situation for legal translation studies, the author thinks that can be summarized as follows:

   First, legal translation in China is still in the initial stage. Research on legal translation in the results, researchers are not broad perspective. The article thinks, in the study of legal translation theory, when researchers distinguish between legal translation and legal translation. Legal translation refers to practice strong, practical strong translation, such as translation, translation of legal documents, legal translation etc.. In contrast, translation of law shall mean the strong academic, historical strong translation, such as translation theory works.

   Second, legal translation generalized shall include the translation of law (theory works in translation), translator (contract translation, translation of legal instruments), the court (court interpreting) translation, legal translation (translation method, translation (a) unification of legal words, legal terminology), legal translation skills, legal translation, legal history translation criticism and other (maritime, public security, border, prisons) edge legal materials Chinese translation.

   Third, as a general view of the translation, text type decides the translation strategy. Legal translators should adopt different translation strategies in the "legal translation" and "translation of law".

   Fourth, research on legal translation in China, is a well-known Croatia legal translator Susan Š ar evi ć inseparable. Š ar evi ć author of a book called "legal translation, legal translation" (New ExplorationNew Approach to Legal Translation), its influence on the study of legal translation in China's large. In general, Š ar evi ć novel research ideas, research paradigm and research contents worthy of research in legal translation scholars. For example, she about legal translators as "co legislators" of the paper is very innovative. Testing but some legal translation Š ar evi ć concept still needs to practice. The main reason for this is, Š ar evi ć legal translation thoughts about a geographic environment, namely, the implementation of national, regional or international organization of bilingual or multilingual legislation, especially such as Canada, Hongkong, the European union.

   This paper believes that, to solve the research content is too simple, problem analysis problem on the surface, evade the crucial point, researchers should approach, translation study of law from more aspects. The legal translator to research breakthroughs at present, at least can gradually carried out research in the following areas.

One, the translation of law works

   Engaged in domestic legal scholars mostly focus on the University of foreign language college and law school, however, foreign language college teachers are engaged in legal translation or engage in legal translation studies; translation practice and Research on the one hand, many of the basic focus on some famous University of jurists. According to the Chinese Social Science Citation Index, between 1998-2002, cited legal academic translation number of the top five are: Montesquieu's "spirit of law" (1961), Zhang Yanshen; BODENHEIMER "Jurisprudence: legal philosophy and method" (1987199219951999), Deng Zhenglai et al; maine "ancient law" (1959), translated by Shen Jingyi; Berman "law and revolution" (1993), he et al; Posner "economic analysis of law" (1997), translated by Jiang Zhaokang. (Su Li, 2004:66)

   Law works in translation, the Commercial Press published a translation of classics and code translation (such as the French civil code etc.). In recent years, the translation of law works representative of the research achievements in scientific research has the following the Legal Translation Library: Chinese People's Public Security University Press published the "world legal translation classics" series; editor in chief, the famous jurist professor Jiang Ping of China University of Political Science and Law Publishing House of the "foreign law library" where 25; famous jurist professor Ji Weidong, Professor He Weifang editor of "contemporary the legal world classics on"; Chinese encyclopedia Publishing House of the "foreign law library"; Peking University Press published the "law on the world"; East China University of politics and law professor He Qinhua editor of the "world famous renditions editor of law"; and Professor He Weifang's "Shanghai Sanlian law library". In addition, editor in chief of special subject: there's Liang Zhiping, Professor He Weifang's "Constitutionalism:"; edited by Professor Luo Haocai series published by the commercial press "public works". If the country as the basis, and the "presidential", China University of Political Science and Law Press published the "Law Library American"; "famous contemporary German law"; and "modern French law Classics:" etc..

   The representative with the Dean Professor Zhu Suli of Peking University School of law, the thesis "law works in translation", Peking University law school professor he published in the "Journal of China University of Political Science and Law" start publication on the "Chinese legal translation" after 1949, Shanghai Institute of Political Science and Law Professor Tian Tao published in the "foreign law" on "the translation of foreign law books." and ", Professor Li Guilian of Peking University in the late Qing Dynasty code translation: 'the French Civil Code' three Chinese translation studies" etc.. The representative works, Northwest University of Politics and Law professor Wang Jian in China University of Political Science and Law in 2001, publishing house of the "communication two world legal significance -- the western method of" input legal words, legal translation of Hu Zhaoqing's doctoral dissertation "society changes in the late Qing Dynasty and its influence" etc..

   The study of legal translation practice, and translation of law, at least to the role of the two, one of the study and practice of translation, Chinese law promoted the modernization of legal system. Secondly, on the study and practice of translation law promotes the development of translation studies in china.

Two, legal translation

   Legal translation mainly refers to contract translation, translation of legal instruments includes arbitration, mediation, court verdict, translation. Because the people engaged in domestic legal practice translation rarely touch them, so it is not the outcome of the overall. The existing results on such as "translation principle of contract, characteristics and strategy", "on the translation of business contracts", "applicability" functional translation theory in translation of business contracts, "the application of" dynamic equivalence theory in the translation of international business contracts, as well as "business contract translation criteria and Strategies" etc.. Obviously, this aspect still expect people engaged in practical work to cooperate and engaged in theoretical research scholars.

Three, the court translation (Interpretation)

   Research results of court interpreters is comparatively less. On court interpreting research is still in the initial stage, the existing results are published in the "Shandong Du jade method of foreign language teaching" on the "Court Interpretation on the curriculum of", Guo Jingying published in the "Journal" on the "foreign court interpreter system comparative study", Wang Jian published in the "Journal of Sichuan International Studies University" on the "China court interpreting the opportunities and challenges", Liu Shuying published in the "Ningxia social science" on the "America court interpreting", Gao Jianxun published in the "Hebei law" on the "Chinese court interpreting system" etc..

   Research works in this area have professor Liao Meizhen's "court language skills" (Law), Yu Suqing's doctoral dissertation "Research on courtroom discourse" (Doctoral Dissertation of Shanghai International Studies University). In addition, legal linguistics professor Liu Yuming "" (China Economy Press), legal linguistics professor Du Jinbang "(" Shanghai Foreign Language Education Press) and Li Kexing, Professor Zhang Xinhong's "legal texts and legal translation" (Chinese translation and publishing company) on this issue has some research.

Four, the law of translation studies

    In China, all laws and regulations enacted every year many, such as the 2007 have a significant impact on the "property law", "labor contract law". The English version of the laws and regulations are usually in Chinese version promulgated will soon be published, but researchers on law is clearly not enough. In this regard, I left a deep impression on the East China politics and Law University professor emeritus, a famous scholar Mr. Chen Zhongcheng's "marriage law" a comparative study of two English versions of "constitution" article ninety-fifth paragraph first of the questioned two important article.

Five, the legal unification

   The unification should be the most a areas of focus for scholars research results. Because China and Britain and other countries are not exactly the same (or different) legal and cultural traditions, so we in the special terms of legal English learning, will encounter many difficulties. The legal unification research will have great significance and value for academic exchanges, the modernization of the legal system. This paper thinks, legal unification of research still needs to follow up. Legal translators should keep up with the times, gradually for may lead to misunderstanding, confusion of words one one.

Six, in the history of western legal translation

   Currently engaged in research on legal translation history scholar is not much, published in academic journals in foreign language class the number so few. Including Qu Wensheng, Shi Wei co authored a paper "on China's modern legal translation periods," published in the "Shanghai". Dai Yongjun, Zhang Chenghe, the "social change and the legal translation study," published in the "Journal of Anhui University of Technology (SOCIAL SCIENCE EDITION).

The western legal translation history, Sarcevic in its "legal translation studies" on this issue is reviewed the thick line type. She is preferential, Tennyson emperor in the "Corpus Juris Civilis" established "the strict literal translation" principle to establish the legal translation mentioned about, the medieval period in the "keep the letter of the law" principle. Later Latin dominant position gradually, the emergence of the "free translation" in legal translation. In this sense translation trend, gradually, the source language to the target language made concessions. Then, there has been a revolution in legal translation methods of Switzerland, Canada and Belgium and other countries, the status of the translator is also correspondingly changed.

Seven, legal translation criticism

  Translation criticism is one of the three pillars of translation studies (the other two as translation theory and History), it is "a key criterion in translation studies". However, due to the translation criticism is to offend people, therefore, the whole translation translation criticism are very rare. A professor from Nanjing University in 1992 published the first monograph "translation criticism study on literary translation criticism", Zhou Yi and Mr Luoping published "translation and translation criticism"; Jiang Zhiwen professor He Wenjun published "translation criticism"; Ma army published "on" translation criticism; Mr. Yang Xiaorong published his monograph "translation critical introduction" in Chinese translation and publishing company; Professor Wen Jun published the "Introduction" of scientific translation criticism; Mr. Wang Hongyin published "literary translation criticism on the manuscript"; recently, Dr. Wen Xiuying at the Nankai University Press published "Translation Criticism -- from theory to practice". Legal translation criticism in recent years have a few, but the law of translation criticism has not yet published monographs. Zhejiang Gongshang University Professor Liu Fagong have published the "comments" in Chinese English translation of trade, but it is after all, legal translation is not in the strict sense of criticism works.

   The representative legal translation criticism: Professor He Weifang papers published in "comparative study" on the "Oxford Law Dictionary" mistranslation "example"; Macao Polytechnic Institute, Mr. Lin Wei published "the law works in Translation -- from" dictionary "Oxford legal translation error analysis"; Mr. Wu Qifei's "English version of the contract law nitpicking recorded"; Chen Zhongsheng (i.e., Professor Chen Zhongcheng) published in the "dictionary of the" big "Chinese encyclopedia calligraphy volume one entry error; Professor Chen Zhongcheng's" review of "new legal English terms" "; and the United States Ohio State University professor Li Guoqing published in the" dictionary "case Study on the paper" the new legal English terms -- a cultural mistranslation".

This one, in particular, Professor Li Guoqing mentioned "editor's new English terms" the law will have "In America, Taking Kickback is a Violation of Indian Law. You will Receive a Warrant and Become an Inmate." translated as: "in USA, accept the refund or compensation money violated the law of India, you will receive a warrant, become an inmate." Should be "in USA, kickbacks is a violation of the law of behavior. The recipient will be arrested and became a prisoner." The mistranslation is not far.

   In addition, it is worth mentioning achievements and China University of Political Science and Law professor Yang Yusheng "terminology standardization and academic translation -- from the Charles River Bridge into" Charles. Revere. Bridge "talk"; Dr. Zhang Zhimei "" economics and law "translation"; Dr. Ling Bin's "law of translation criticism pathology approach"; and Professor Xu Xin response "to Dr. Ling Bin in a thinking human beings, God Laughs" etc..  

Eight, the compilation of dictionary of law

   Although engaged in legal translation practice or research scholars mostly has a special liking for law dictionary. We are also familiar with the America "Black Law Dictionary", "Ballentine's Law Dictionary", as well as the chief editor Xue Bo Law Publishing House of the "English Chinese Dictionary of Anglo American Law" and so on, but for legal Lexicography Research Achievements of the scholars are still very scarce. "Journal of comparative law research" has been published in Fu Minghua's "English Law Dictionary of Chen Zhongcheng", two papers "" Black Law Dictionary "comment", "" English Chinese Dictionary of Anglo American Law "errata supplement book", and "Liu Sulin" English Chinese Dictionary of Anglo American Law "for the card". The study of law dictionary, we still need to pay greater efforts.

Nine, public security, frontier defense, prison, maritime legal translation

   Police English, English, English, the prison of Maritime English due to the crowd less, research in this area has been very cold so.

Conclusion

   Study on legal translation with more and more attention, many academic conference is around this theme. For example, in 2002 June held a "language and the law, the first academic seminar" in Beijing in 2004 September, Beijing held a "Ninth Session of the international law and language seminar" held in Beijing in 2004, the "translation of law and Chinese modernization of law: American Law Library and legal translation and change of law" seminar, held in 2005 October in Jiangxi Agricultural University "legal linguistics seminar" held in December, 2006 years in East China University of politics and law of "Outlook" China Legal Linguistics Conference in 2006, Wuhan "a few points in recent years Chinese translation of Western works of thinking and Enlightenment" seminar.

   This paper thinks, translation has almost become an independent subject, but it is not a subject can provide for oneself. Legal translation of all interested in this cross disciplinary, interdisciplinary subject really need law, linguistics and translation field scholars collaborative efforts, in order to achieve greater leap in the future.

Reference

[1] Li Defeng, Hu Mu, Li Li. The legal text translation (M). Beijing: Central Compilation and Translation Press, 2007 October edition.

[2] Sue. Perhaps is happening: the transformation law [M]. Chinese Beijing: Law Press, 2004

[3] ar Š evi C, SusanNew approach to Legal Translation[M]. The Hague: Kluwer Law

International, 1997

    Qu Wensheng, "legal translation studies: Problems and solutions", "legal language and translation" contained in first volumes, Shanghai Translation Publishing House, 2010 edition.