英译汉-文体翻译(2)法律

第六单元文体翻译第二节法律文体⏹法律文体：法律文体包括宪法、法律、行政法规、条例、条约、合同、协议、契约、保证书等等，是最为严谨、精确和正式的文体。

因为法令、契约等文书需要严格规定义务、权利、行为准则的涵义和范围，所以必须词义准确，文意确凿，丝毫不允许语义的模棱两可。

例：The option period shall be the period of 10 days starting from the 30th day after the execution of this Agreement.译：选择期为本合同执行之日30天后的10天。

改译：？一、法律文体的特点1、用词方面⏹专门术语——明晰性，专业性例：shall action serve⏹外来词语——庄重性，权威性例：estoppel alibi affidavit⏹古词旧词例：hereof whereby aforesaid例：1. He was awarded $500 damages for the injury he suffered in the accident.awarded: 判给damages: 损害赔偿2. The testator died with issue.testator: 立遗嘱的人issue: 子女3. Parties must wait for process to issue from the court.process: 传票2、句式方面⏹句子冗长例：Every person who, himself, is exercising ordinary care, has a right to assume that every other person will perform his duty and obey the law; and in the absence of reasonable cause for thinking otherwise, it is not negligence for such a person to fail to anticipate an accident which can be occasioned only by a violation of law or duty by another person.⏹结构复杂例：in accordance withpursuant tosubject to⏹代词很少⏹并列名词例：rules and regulations 规章制度duties and responsibility 职责heirs and devisees 继承人和遗嘱继承人the custody, charge or care 抚养、管教或照看⏹插入状语例：If I shall during the hearing: (a) make default …; or (b) do suffer or omit any act …又如：The Publisher may, if they think fit, decline to publish the Work.⏹被动语态3、格式方面⏹指称间接性⏹专有名词⏹标点符号少4、风格方面⏹严谨缜密⏹正式保守⏹客观冷峻⏹练习：1. The master or the any other person signing this agreement on behalf of the property to be salved is not authorized to make or give and the contractor shall not demand or take, any payment, draft or order for or on account of the remuneration.译文：为待救财产签订本协议，船长或其他人无权签发或给予任何现金、汇票或提款单作为酬金，承包人不得要求或接受上述酬金。

2. Together with the right for the Tenant and the servants friends and visitors of the Tenant in common with the Lessors and Lessors’ other tenants of the said mansion and their servants friends and visitors to use the entrances courtyards passages staircases and lifts of any of the said mansion for the lawful purposes of ingress and egress to and from the demised premises but subject to the stipulations reservations and covenants hereinafter and in the Schedule hereto continued …译文：承租人及其佣仆、朋友、访客与出租人以及该涉约房屋内的其他承租人及其佣仆、朋友、访客共同有权使用该涉约房屋内的任何入口、院落、走道、楼梯及电梯，为法律允许之目的出入往来于让渡房屋之内，但此项权利须服从于本约下文及附件之各项规定、保留及承诺。

二、法律文书的翻译⏹合同⏹工程合同：是关涉技术、经济、保险、法律等各个方面的综合性文件。

英语的工程合同实质上是科技英语和法律文书的结合体，因此具有这两者的特点：句式长，结构和逻辑关系复杂，用语严谨缜密，语调客观冷峻等。

但有时表层含义与深层含义不完全一致，翻译时除了像法律文本一样对待，还要依靠相关的背景知识，认真分析原文的结构、内容和各成分间的制约关系，领悟各章节、条款的潜在内涵，推敲判断字里行间的利害关系。

⏹1、准确理解原文例一、（a）Subject to paragraph (b) below, in cases of each and every occurrence, the Contractor shall repay the actual cost incurred and paid by the Purchaser to other contractors in question, or FF, whichever is lower.注：FF：fixed fee 或fixed fund译文：（a）在遵守下述（b）段规定的前提下，对于每一次事件，承包方都应付还由该事件招致的并已由买方支付给其他有关承包商的实际费用，或者偿还一笔固定金额，二者取其低者。

（b）No liquidated damages shall be due if the additional cost to the Purchaser per occurrence is less than FF.大意：如果那一次事件中买方的额外开支低于固定金额，那就谈不上什么损害赔偿。

2、正确选择词义例二、Subject to the Contractor’s responsibilities and liabilities under the Contract, the Contactor shall bear the amount of the retained liability (excess) stated in Appendix 12 in cases where the Contractor is responsible for the loss, damage or injury.责任？保留责任？损失和人身伤害？译文：在承包方应对设备的丢失、损坏或损伤负责的情况下，承包方应根据本合同规定的承包方应付的责任和赔偿义务负担附件十二中所述的残余赔款额（即超额部分）。

Subject to the Contractor’s responsibilities and liabilities under the Contract, the Contactor shall bear the amount of the retained liability (excess) stated in Appendix 12 in cases where the Contractor is responsible for the loss, damage or injury.3、不得随意省略例三、In the event that the Contractor fails to provide or carry out the Project Services in accordance with the Contract, then without restricting the Purchaser’s right to terminate the Contract, the Purchaser’s sole remedies shall be determined in accordance with the applicable provisions of t his Chapter 9.译一：如果承包方为按合同提供工程服务，购买方将按本第九章适用条款确定补救措施，但是这种补救不限制购买方终止合同的权利。

译二：如果承包方未按合同提供或执行工程服务，买方将可按本第九章有关条款单方面地确定补救措施，而且还有终止合同的权利。

作业：LAW OF THE PEOPLES REPUBLIC OF CHINA ON CHINESE-FOREIGN EQUITY JOINTVENTURESArticle 1 With a view to expanding international economic cooperation and technological exchange, the People’s Republic of China shall permit foreign companies, enterprises, other economic organizations or individuals (hereinafter referred to as “ foreign joint venturers” ) to establish equity joint ventures together with Chinese companies, enterprises or other economic organizations (hereinafter referred to as “ Chinese joint venturers” ) within the territory of the People’s Republic of China, on the principle of equality and mutual benefit, and subject to approval by the ChineseGovernment.Article 2 The Chinese Government shall protect, according to the law, the investment of foreign joint ventures, the profits due them and their other lawful rights and interests in an equity joint venture, pursuant to the agreement, contract and articles of association approved by the Chinese Government.All activities of an equity joint venture shall comply with the provisions of the laws, decrees and pertinent regulations of the People’s Republic of China.The state shall not nationalize or requisition any equity joint venture. Under special circumstances, when public interest requires, equity joint ventures may be requisitioned by following legal procedures and appropriate compensation shall be made.Article 3 The equity joint venture agreement, contract and articles of association signed by the parties to the venture shall be submitted to the state’s competent department in charge of foreign economic relations and trade (hereinafter referred to as the examination and approval authorities) for examination and approval. The examination and approval authorities shall decide to approve or disapprove the venture within three months. When approved, the equity joint venture shall register with the state’s competent department in charge of industry and commerce administration, acquire a business license and start operations.Article 4 An equity joint venture shall take the form of a limited liability company. The proportion of the foreign joint venturer’s investment in an equity joint venture shall be, in general, not less than 25 percent of its registered capital. The parties to the venture shall share the profits, risks and losses in proportion to their contributions to the registered capital.If any of the joint venturers wishes to assign its registered capital, it must obtain the consent of the other parties to the venture.Article 5 The parties to an equity joint venture may make their investment in cash, in kind or in industrial property rights, etc.The technology and equipment contributed by a foreign joint venturer as its investment must be really advanced technology and equipment that suit China’s needs. In case of losses caused by a foreign joint venturer in its practising deception through the intentional provision of outdated technology and equipment, it shall compensate for the losses. A Chinese joint venturer’s investment may include the right to the use of a site provided for the equity joint venture during the period of its operation.If the right to the use of the site is not taken as a part of the Chinese joint venturer’s investment, the equity joint venture shall pay the Chinese Government for its use. The above-mentioned investments shall be specified in the contract and articles of association of the equity joint venture, and their value (excluding that of the site) shall be assessed by all parties to the venture.。