法律翻译的原则及其操作

三、清晰和简练（Clarity and Concision)
Hale Waihona Puke Baidu
例4. The remainder of the testator’s property should be divided equally between all of our nephews and nieces on my wife’s side and my niece.



译文二、 在３２，０００个广东商业机构中，八成以 上有港商参与，据廉署情报显示，许多个港 商以大量馈赠、殷勤款待和丰厚回扣行贿， 却能逍遥法外。 例７．





（３）In subsection (1) “complainant” (申诉人） means a woman upon whom, in a charge for a rape offence or indecent assault to which the trial in question relates, it is alleged that rape or indecent assault was committed, attempted or proposed. (3)在第（１）款中，“申诉人”指在有关审讯中关 乎的强奸罪行或猥亵侵犯的控罪重，指称遭人强奸 或猥亵侵犯，或指称遭人企图强奸或猥亵侵犯，或 指称有人打算将其强奸或对其猥亵侵犯的女子。 四、专业化（Ｐｒｏｆｅｓｓｉｏｎｌｉｓｍ） 五、语言规范化（Ｓｔａｎｄａｒｄｉｚｅｄ ｌ ａｎｇｕａｇｅ） 六、集体作业（Ｔｅａｍ Ｗｏｒｋ）


例5. The servant’s liability stems from the duty owed to a third person under the law to conduct HIMSELF so as not to injure others.

The servant’s liability stems from the duty owed to a third person under the law requiring the SERVANT to act so as not to injure others.
二、一致性和同一性 （Consistency and Identity)



The Customs supervising fees on the import goods granted with duty reduction and exemption and that on the good in bond shall be collected in accordance with the Customs Regulations of the People’s Republic of China Governing the Collection of Customs Supervising Fees on Import Goods Granted with Duty Reduction or Exemption and the Bonded Goods. “保税区的减免税货物，保税货物的监管手续费，应当按照《中华 人民共和国海关对进口减税、免税和保税货物征收海关监管手续 费的办法》办理。” Satisfy, reasonably practicable(在切实可行的范围内）, reference （提述）, without prejudice to（在不损害……的原则下）, likely （相当可能), material particular(要项）.



例6． More than 80 percent of the 32,000 commercial enterprises in Guangdong involve Hong Kong businessmen, with ICAC intelligence indicating many bribe with impunity, through lavish gifts, entertainment and kick backs. 译文一：在广东省３２，０００间商业机构中， 超过百分之八十与香港有生意上的往来，廉署情 报人员指出这些生意上的往来涉及许多贿赂罪行， 然而这些罪行并没有受到法律制裁。贿赂专案包 括赠送贵重的礼物，提供高档的娱乐招待以及给 予巨额的现金回扣。
法律翻译的原则及其操作
一、准确性和精确性（Accuracy and Precision)

The lawyer must be more precise in his writing than almost anyone else. Most writers can expect their work to be read in good faith, that is, with an honest desire to understand what was meant. But the lawyer must write in constant fear of what we might call the reader in bad faith, the man looking for loopholes in the contract so as to avoid liability for his failure to perform, the disappointed heir who wants the will read in a way that would defeat the testator's intension, the criminal defendant who wants the statute interpreted so as not to cover his act, and all the others who will want to twist the meaning of words for their own ends.

Clarity and concision often go hand in hand. No translators of legal documents should try to achieve clarity at the cost of concision. Of course, wordiness is not a test for clarity or obscurity. A removal of excessive wordiness can help clarify the meaning of legislation. Too often, legal writers include several important ideas in one long, complex sentence. The result is confusion and misunderstanding on the part of the reader. In order to interpret the legal text correctly, the reader may be forced to reread the sentence. So it is advised to try to use short sentences for complicated thoughts in drafting the legal documents. (Faulk & Mehler, 1994: 5)





例1. …….所有董事会成员……须由合营方委派和撤换. …all the directors shall be appointed and replaced by the parties to the venture. 例2. 如果买方对品质有异议，可以在货到目的口岸或收货后30天内 向卖方提出索赔。 In case the Buyers have disputes over the quality of the goods, the Buyers may within 30 days after arrival at the destination port or delivery of goods, file a claim against the Sellers. 例3. 外国合营者如果有意以落后的技术和设备进行欺骗，造成损失 的，应赔偿损失。 If the foreign joint venturer causes losses by deception through the intentional use of backward technology and equipment, he shall pay compensation for the losses.