A Study on Linguistic Features and Translation Strategies of English Business Contracts 英语商务翻译论文.doc

a study on linguistic features and translation strategies of english business contracts abstract: the specific way of information transmitting in business activities accounts for the specific features of business english, which transmits the information of business theory and practice. the article analyses the linguistic features of business english through three aspects: words, sentence and text. with examples taken from business english translations, the author interprets that the linguistic features of business english influence a translators comprehension which in the end accounts for a correct business english translation. the exploring of principle of business english translation plays an important role in a successful translation. the author upholds the view that business english translators should follow the three principles of “faithfulness, exactness and consistency”. “faithfulness” is the first principle for business english translators to follow; “exactness” is the key of these three principles; “consistency” guarantees a unified and standard translation. key words: business english; linguistic features; translation principle 英语商务合同的语言特征及其翻译策略 摘 要：由于英语商务合同所传达的商务理论和实务等信息的特殊性，英语商务合同的语言有其特殊的特点。本文从英语商务合同的用词、句法、篇章三方面分析商务英语的语言特点。并由此从英语商务合同的用词、句法、篇章三方面分析译者掌握英语商务合同的语言特点的程度对翻译的影响, 通过例证说明译者关于英语商务合同的语言特点的掌握程度将影响其对原文的理解，而译者对原文的理解程度又关系到译文的正确与否。商务英语的原则与运用则是英语商务合同翻译的核心问题。笔者认为英语商务合同翻译应遵循“忠实，准确，统一”的原则。“忠实”原则是英语商务合同翻译人员必须遵循的首要原则；“准确”原则是英语商务合同翻译原则的核心；“统一”原则有利于英语商务合同译文的统一和规范。关键词： 商务英语；语言特点；翻译原则 introduction business english is a branch of english language system. it refers to the special english that serves for international business routines. the specific way of information transmitting in business activities accounts for the specific features of business english. along with the rapid development of global economy integration, international business routines are more and more frequent and, business english, as a language tool for international economic exchange and business routines, has a new type of comprehensive subject. business english plays an important role in our national economy reform and innovation, and the business english translation is a bridge connecting chinese and english. business english translators should have strong awareness of the linguistic features of business english, so that translators can have a better comprehension. business english practical translation includes the translation of business letters, business contracts, business english advertisement and trademark and etc. being familiar with these pragmatically translations, business english translators can deal well with the tasks in different business sets. and a business english translator should learn the linguistic features of business english and explore its translation principles so as to translate a business english text successfully.1 linguistic features of business english 1. 1 linguistic features in word1.1.1 simple wordssince businessmen make efficiency their top priority, simple words are applicable to achieve this goal. another reason is related with the way of information transmitting in business routines which has been regarded as the most important part of business; using simple words also do well for people to communicate, to catch the words immediately, while complex words or rare words are hard to understand. so it is understandable for businessmen to use simple words rather than complex words or rare words.some examples are as follows: 3 p51-52complex or rare words simple wordsaccount for by the fact that caused byadd the point that add thatat a price of $10 at $10attempts trydeliberation thoughtin the majority of cases mosttangible realvisualize see 1.1.2abundance of business terms and abbreviated expressionbusiness terms take an important part in business english .it is the primal task for business english translators to know some business terms. it will influence the business english translation, which the author will analyze in the next chapter. 1 p51-59let us look at some examples:stockbroker 股票经济商 costing 成本核算restart 返聘 chit 代金券aama (administrative aspects of market access) 市场准入的行政管理措施cem (contractual equipment manufacturer) 合同制造商eva (economic value added) 经济附加值inrs (initial negotiating rights) 最初谈判权1.1.3 the variability of words meaning in business english text, the same word can be interpreted in different meaning according to different contexts, which is the variability of business english words meaning. such as: 4 p60-61(1) just as in that year, when those catastrophes were followed by substantial increases in insurance premiums, insures are already lobbying for rate relief.就像那年的情况一样，大灾之后保险金大幅度提高，现在保险公司已经在游说希望减免地方税。(2) during the 1980s the large premiums paid in acquisition often resulted in prices that greatly exceeded the value of tangible asset.20世纪80年代，并购中支付的大额溢价常常导致价格远远超过有形资产的价值。(3)liquidity refers to the ability of investors to exchange a financial asset, such as a bond or a share, for cash. 资产折现力是指投资者将债券或股票等金融资产转换为现金的能力。(4) place goods in bond. 将（未完税的）货物存入关栈。in addition, it is common for businessmen to use slang in oral speaking. translators should pay more attention to slang and to clarify them so as to eliminate obstacles during communicating. such as: 3 p26(5) as i was about to say, i move that we table the discussion until our next meeting when everyone is present. 我建议将讨论推迟到下次每个人都参加会议时再进行。 here, “move” means “suggest”（建议）, “table the discussion” means “to postpone the meeting”（推迟讨论）.(6) can you come down a little?你能再降低一点价格吗？ here, “come down” means “knock down the price”（压低价格）.1.2 linguistic features in sentence1.2.1 concise sentencesconcise sentences conduce to transmit business information and play an important role in a business context. it is more convenient for businessmen to use concise sentences in business, either oral or written language. it saves time and, more importantly, avoids misunderstanding.for example:(7) we are a dealership chain specializing in personal computers. we were first established in hong kong in 1980. we now have a steady clientele in both the business and educational sectors. 5 p241本公司是一家专营电脑的特许经销连锁商。本公司于1980年创立于香港。本公司现有的固定客户涉及商业和教育领域。above three sentences, each has its independent meaning. avoiding using a long sentence, it aims to express meaning straightforward and avoid misunderstanding.1.2.2 abundance of formulas businessmen have established many polite formulas by popular usage. these polite formulas have been accepted through common practice. to use these formulas also contribute to standardize business article. such as: 4 p161-163(8) for your reference, we are enclosing a few copies of leaflets, and will send you samples under separate cover.兹随函附上几份说明书并另寄样品，供你方参考。(9) please inform us what special offer you can make us.请告贵公司能给多少特价优惠。(10) we will adhere to this offer for two weeks.我方报价两周内有效。1.2.3 logical expressions the logic expression is prominently featured in business english documents and contracts, especially in the expression about time and number. for example: (11) the goods shall be shipped per m.v. “dong feng” on november 10 and are due to arrive at rotterdam in 140 days. 货物须于11月10日装上“东风”号货轮，并在140天内抵达鹿特丹港。here, it must use the preposition “in” to express the meaning about “several days later” rather than the preposition “after”. because the preposition “after” can not exactly define the day on which day the good s will arrive. (12) party a shall be unauthorized to accept any orders or to collect any account on and after september 20.未经许可，在9月20号之后（含20号），a方无权接受任何订单或者募集任何资金。(13) our terms are cash within three months, i.e. on or before may 1.请在三个月之内（在5月1日之前包括5月1日）付清我们的货款。(14) party a shall pay party b a monthly salary of us $ 500(say five hundred us dollars only)a方每月须向b方支付500美元的工资。1.3 linguistic features in text1.3.1 plain styleusually, it is not common to use rhetorical devices in business english context. actually, most business contexts tend to adopt a plain style. for example:(15) i am requested by the import and export department to inform you that the 150 tons of coal ordered from your company one month ago have not been delivered. will you be so kind as to institute enquiries concerning this non-delivery？it will be appreciated that you give your reply as soon as possible.进出口部请我通知你：一个月前从贵公司订购的150顿煤至今仍未发货，能否请你过问一下此未发货事宜？请尽快回复，不胜感激。here, this paragraph directly presents its meaning without using any rhetorical devices to furnish its expression. it is a common style in business text.1.3.2 appropriate wordingthe wording in business english is appropriate. and people in business circumstances tend to abstain from arrogance. let us look at an example: (16) delivery of rugs is now a matter of urgency. will you please find out from british rail what had happened to the consignment and let us know when we may expect delivery? we are of course making our own enquiries at this end.地毯急需交货，贵公司是否可以向大英铁路局查询该货物的下落，并通知我方交货的时间，我方亦自当查询。in this paragraph, though it is about complaint, it also pays attention to use kind words and the mild tone to make sure an appropriate wording.1.3.3 ambiguous promise and cautiousness in the passive “since the promise in business has the influential effects of law which is related with benefits of each party, an over absolute promise may lead you to a passive stage if any accident happens .so the expression of promise in business english is relatively implicit.”2 p74 for example:2 p74我方保证决不重犯这种错误。(17) we assure you that this error will never occur again. (over absolute)(18) we will do all we can to prevent a repetition of this error. (moderate)“since business involves obligation and responsibility, it is necessary to clarify the subject. therefore, passive sentences are used with caution in business english.” 8 p76 for example:(19) the vendor shall deliver the goods to the vendee by june 15.卖方须在6月15日前将货物发送给买方。such an expression would be better than the follow expression: the goods should be delivered by june 15.in all, the author has analyzed the linguistic features of business english. in the next chapter, with examples taken from business english translations, the author will interpret the influence of linguistic features of business english on translation. 2 the influence of linguistic features of business english on translation2. 1 influence in the aspect of wordsas business english is characterized by simple words, abundance of business terms and the variability of words meaning, the translator should have a good command of these features, and the influence of these features onfor example: (20) you are kindly requested to quote the fob new york. translation:请报纽约船上交货价。this sentence involves a business term “fob” (free on board). if a translator neglects this linguistic feature of business english: specific business terms, and can not catch the meaning of the term “fob”, he can not understand this sentence very well, let alone a successful translation.further more, it can be noticed that the term “fob” has a subtle difference in usage in the u.s.a. in the american english, “fob” identifies the address of good delivery, such as: fob train, fob factory. 5 p562.2 influence in the aspect of sentence in the aspect of sentence, we need to pay attention on the formula and logic.first, let us compare the following two series: common language contract formulain the future hereafterthink deemintend to do want to dothe words in the right column are the contract formulas, which are established by popular usage. if the translator is familiar with these formulas and other features of contract sentences, he will be of advantage to understand the contract and then to translate it well.second, let us look at the logic of the sentence:(21) the stock exchange of hong kong limited takes no responsibility for the contents of this announcement, makes no representation as to its accuracy or completeness and expressly disclaims any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this announcement.translation:香港联合交易所有限公司对本公布之内容概不负责，对其准确性或完整性亦不发表声明，并明确表示不会就本公布或任何部分内容或因依赖该等内容而引致之任何损失承担任何责任。6 p54-55the original includes some legalese. this sentence has a high standard in logic and avoids any dispute. therefore, the translation also should reflect this feature. translator needs to have a thorough grasp of its feature, to understand and absorb its meaning, and then to express it to adhere to the rules of the translation so as to let target readers accept its information without much difficulty.2.3 influence in the aspect of text the text features of business english are the compound of the features of words and sentences. the key of the business english context translation is the mutual understanding. translators need to analyze its style, to notice its wording. besides, translators also need to pay attention to deal with some details such as the expression of promise and the usage of passive in the text. translation is apparent.for example:(22) traditional hierarchical organizations control operating processes through standardization or jobs. these jobs are separated into sequential steps and carried out under direct supervision. however, the line workers lack both the authority and motivation to improve these routine tasks and are limited by their local view of the business. 7 p87first, let us analyze its style. this paragraph is selected from time for the big small company in financial times. this business article talks about company organization structure. so, its style is plain and formal. second, let us deal with some details. according to the context, the word “organization” would be better if it is translated into chinese(企业或公司) rather than its common translation（组织，结构); “hierarchical organizations” should be translated into chinese(层级制组织机构) to adhere to the business terms rather than chinese(等级森严的机构) which carries on personal emotion; in the phrase “line workers”, the “line” does not mean “production line” ,but “the line management” (直线管理体制). when dealing with these details, the understanding about this article is complete and then it can be expressed exactly in chinese:传统的层级制组织机构通过标准化的工作种类来控制经营环节。各类工种按先后顺序划分为不同的步骤，并在直接监管下按部就班地进行。但是，在直线管理体制下的员工，既没有职权也缺乏主动性去改进这些一成不变的工种，同时，狭隘的经营观念也限制了他们的手脚。in all, during business english translation, translators comprehension accounts for the success of business english translation. while in this period, the linguistic features of business english will influence a translators understanding level. therefore, business english translators should have strong awareness of the linguistic features of business english. 3. the principles and application of business english translationthe second period of translation is expression. that is how to completely and naturally carry the information in the source language to the target readers; which involves the principles of business english translation. among the different principles put forward by different scholars, the author holds the view that the principles proposed by professor liu fagong in his exploring into the principles of chinese-english business translation, are basically applicable to the particularity of business english. professor liu puts forward the view that the major principles of business translation should be “faithfulness, exactness and consistency”. 2p45-47“faithfulness means to correctly express the source language information in translation; it does not demand the grammar and sentence structure to be consistent with the original, but enquires the equality in the information connotation;exactness demands translators to select words and to express the concept accurately. exactness is the core of this principle;consistency requires translators to maintain the translated names, the concepts and the terms consistently at any time. it does not permit change the identical concepts or terms at will.”1p45-47therefore, the author proposes that business english translation should abide by these principles to transmit the information exactly.3.1 faithfulness“faithfulness” is the first principle for business english translators to follow, which demands that the information in translation must be equivalent with the information in source language. information transmitting is the core of business, and the information should be equivalent. here, the author stresses that it is the “equivalence”, but not the “similarity”. translator must abide by the principle of “faithfulness” and to transmit the equivalent information.let us look at some examples which does not abide by the principle of “faithfulness”:(23) a particular average loss under 3% of the insured amount will not be recoverable but one amounting to or exceeding 3% will be paid.translation:单独的平均损失低于所