硕士学位论文-试评译者主体性理论在中国航运法律英译中的应用.doc

学校代码：10254密 级：论文编号：上海海事大学SHANGHAI MARITIME UNIVERSITY硕 士 学 位 论 文MASTER DISSERTATION论文题目：试评译者主体性理论在中国航运法律英译中的应用学科专业： 外国语言学及应用语言学 作者姓名： 姜静 指导教师： 毛浚纯 副教授 完成日期： 二OO九年六月 73On translators Subjectivity in Translation of Chinese Shipping Laws and RegulationsJIANG JINGShanghai Maritime UniversityJUNE 2009论文独创性声明本人声明所呈交的论文是我个人在导师指导下进行的研究工作及取得的研究成果。论文中除了特别加以标注和致谢的地方外，不包含其他人或其他机构已经发表或撰写过的研究成果。其他同志对本研究的启发和所做的贡献均已在论文中作了明确的声明并表示了谢意。作者签名： 日期： 论文使用授权声明本人同意上海海事大学有关保留、使用学位论文的规定，即：学校有权保留送交论文复印件，允许论文被查阅和借阅；学校可以上网公布论文的全部或部分内容，也可以采用影印、缩印或者其他复印手段保留论文。保密的论文在解密后遵守此规定。作者签名： 导师签名： 日期：AcknowledgementsFirst of all I would like to extend my deep thanks to my supervisor, Professor Mao Junchun. Without his guidance and help, this paper would not have been possible. From the choice of the present topic to the revision of the paper, he has continuously provided me with invaluable suggestions and encouragements, and, whats more, he has patiently examined this paper and made many corrections.In addition, my gratitude goes to those professors who have led me to appreciate the charm of translation studies and linguistics. Thanks to their lectures, I have established a solid foundation and thus I am able to carry out the present study smoothly. Thanks are also extended to my dear friends and classmates. They are kind and intelligent, always stand with me and give me a hand whenever I am in trouble. They have encouraged me a lot in the past two years study. 摘要2008年北京奥运的成功举办以及卓有成效地应对金融危机，向世界有力地证明了中国崛起的国际地位，证明中国是世界上最大、综合实力最强的发展中国家。在我国逐步成为世界经济大国、贸易大国、工业大国的发展道路上，中国同时也已成为世界上最大的港口国，正越来越多地涉足国际航运业务。规范完善中国航运法律英译有助于世界了解中国的航运业，也有利于中国航运法律法规与国际接轨，使中国更广泛地参与国际航运业务。正是基于此，本文利用译者主体性理论浅析了中国法律尤其是航运法律法规英译。本文首先介绍了法律法规英译的重要性及翻译研究的现状。其次介绍了法律翻译的历史，法律英语的特点，并着重对法律英语和汉语进行了比较总结。其区别和共同之处对指导法律法规英译意义重大。然后阐述了一些传统的翻译理论并引入译者主体性理论，详细分析了译者在翻译中从隐性到显性被认可以及发挥重要作用的发展过程。接下来就是本文的关键部分。先提出了法律翻译的标准，接着从词汇和句法两个层面并结合具体例证详细分析了译者主体性在中国法规尤其是航运法规中的体现。最后指出了中国法规英译中词汇、时态以及情态动词等方面存在的一些问题，并且给出了作者自己的翻译建议。最后部分是总结。首先总结了论文的主要内容，然后指出作者对当前国内航运法律翻译的研究还相当不足,这方面还需要更艰苦的努力和更深刻的研究。关键词：法律英译；航运法律文献；译者主体性；隐性AbstractThe successful holding of 2008 Beijing Olympic Games, as well as her effective response to the world financial crisis, have served as a strong proof to the world of Chinas rising international status and demonstrated that China is the worlds largest developing country with the strongest comprehensive strength. As our country is gradually becoming the worlds economic and trading power and major industrial country, China has also become the worlds largest Port State increasingly involved in international shipping industry. Regulating and perfecting the translation of Chinese maritime laws and regulations helps the rest of the world to know the situation of Chinas shipping industry and is also conducive to its participation in international shipping operations in a much broader range. It is just for this goal that this paper tries to analyze the translation of Chinese laws and regulations in the shipping field.Firstly, it introduces the importance of the C-E translation of laws and regulations and the status quo of translation studies.Secondly, it is about the history of legal translation and the features of legal English. It mainly focuses on the comparison of legal English and legal Chinese. Their differences and similarities are of great significance in guiding legal translation.Thirdly, it studies some traditional translation theories, puts forward the translators subjectivity, and expounds on its changing status from being invisible to being recognized and its present great role in the translation process.Then comes the key part of this thesis. It first proposes the criteria of legal translation, and then traces translators subjectivity from the semantic and syntactic aspects with detailed examples taken from laws and regulations. And at the end of this chapter it points out some mistakes and defects in the C-E translation of Chinese laws, such as lexical mistakes, improper use of tense and modal verbs , and, in addition, has given the authors own suggested version. The final part is conclusion, which is made up of a summary, its limitations and further suggestions. The author points out that the research on translation of shipping legal documents is quite inadequate and far from satisfactory, and this area requires greater strenuous efforts and more profound studies. Key words: C-E translation of Chinese laws and regulations; shipping legal documents; translators subjectivity; invisibilityCONTENTS1. Introduction101.1. The Importance of C-E Translation of Shipping Legal Documents in China101.2 The Current Situation of Legal Translation121.2.1 The Problems and Difficulties121.2.2 Research on Legal Translation: the Present Situation and Its Prospects132 On C-E Translation of Legal Documents152.1 History of Legal Translation152.2 Features of legal English172.2.1 Stylistic Features182.2.2 Linguistic Features192.2.2.1 Lexical Features192.2.2.2 Some Leading Features of Syntax of Legal English232.3 Comparison between Legal English and Legal Chinese252.3.1 Stylistic Idiosyncrasy of English and Chinese Legislation252.3.1.1 Comparison in Lexis262.3.1.2 Comparison in syntax272.3.1.2.1 Hypotaxis vs. Parataxis272.3.1.2.2. Passive voice vs. Active voice292.3.1.2.3 Word Order302.4. Some Similarities between English and Chinese Legislation313. Translation Theories and Translator s Subjectivity323.1. Traditional Translation Theories323.1. 1 Dynamic Equivalence333.1. 2 Summary343.2. Recognition of the Translators Subjectivity343.3. The Current Study of Translators Subjectivity363.4. Factors Constraining the Translators Subjectivity in Translation Process373.4.1. Different Legal Systems373.4.2. Cultural Differences393.4.3. Translators Personal Factors403.5. The Target Receptor413.6. Summary424. Manifestation of the Translators Subjectivity in Shipping legal Translation434.1. Criteria of Legal Translation434.2 Translators Subjectivity in Shipping Legal Documents Translation454.2.1 Tracing Translators Subjectivity From the Semantic Aspect454.2.1.1 Diction454.2.1.1.1 Use of Archaic Words, Borrowed Words, Synonyms in the C-E Translation454.2.1.1.2. Treatment of the Number of the Nouns in Chinese474.2.1.1.3. Semantic Consistency494.2.1.2. Legal Terms524.2.2 Tracing Translators Subjectivity in the Syntactic Aspect534.2.2.1 Using Correct Tense534.2.2.2. Transformation of Voice544.2.2.3 Sequence Transformation574.2.2.4. Negative Transformation604.3 Some defects and Mistakes624.3.1 Lexical Mistakes-the Choice of Singular or Plural Form, Collocation of Words &Phrases, Misuse of Prepositions and Some mistranslation624.3.2 Improper Use of Tense654.3.3 Improper Treatment of Modal Verbs665 Conclusion68Bibliography69 1. Introduction1.1. The Importance of C-E Translation of Shipping Legal Documents in China The successful event of 2008 Beijing Olympic Games has provided the world with a whole new understanding of China. A famous columnist Thomas L. Friedman in his article published on August 27 of New York Times A Biblical Seven Years says, the energy coming out of this country is unrivaled, and he doubts who is really living in the third worldAmerica or China? The reasons he mentioned are that much modern infrastructure has been built in China since 2001, under the banner of the Olympics, while infrastructure in the US has been postponed since 2001, under the banner of the war on terrorism. Also, China is known to the outside world by its rising economic status and the capacity it has showed in dealing with the international financial crisis.Today, China has become the worlds leading trading power and center. It is just in this broader economic and trade background that China has also become the worlds largest port state. With the deepening of Chinas reform and opening to the outside world, especially after its entry into the WTO, China is getting more and more involved in international shipping activities. The signing of shipping business contracts or agreements between foreign companies or investors and their Chinese partners has become daily business. Owing to this, the corresponding shipping laws and regulations should be established and implemented to regulate international shipping activities and protect legal interests and rights. The shipping legislation means that specific organs, in accordance with certain procedure, formulate codes of conduct reflecting the situation and trend of the maritime industry and guarantee their implementation with national coercive force. (朱慧.2008) Since the promulgation of the Maritime Code of the Peoples Republic of China in 1992, our state has continually introduced a series of laws and regulations to perfect Chinas shipping legislation. Some of the laws and regulations formulated from the year 1992 to 2008 are as follows: 1. Regulations for Survey of Ships and Offshore Installations of the P.R.C (1993);2. Regulations for Registration of Ships of the P.R.C (1994);3. Regulations of the Peoples Republic of China for Navigation Marks (1995);4. Provisions of the Peoples Republic of China on the Administration of Maritime International Container Transport (Amended on 4/18/1998);5. Regulations of the Peoples Republic of China on International Maritime Transportation (2001);6. Implementing Rules of the Peoples Republic of China on International Maritime Transportation (2003);7. Port Law of the Peoples Republic of China (2003);8. Rules of the Peoples Republic of China on the Administration of Vessel Visas (2007);9. Regulations of Management of Seafarer Service of the P.R.C（2008）. They have reflected the development of our countrys shipping legislation and studies in this field and laid the foundation for further research into the shipping legislation.Shipping laws and regulations play important roles in governing the rights and obligations of shippers, carriers, consignees and other parties involved, and imposing punishment or penalty in case of violation of the related laws or regulations, and solving problems arising from shipping activities, which contributes to the guarantee of the legitimate rights and interests of all parties, the regulation and standardization of shipping activities and the ultimate goal of constructing a fair, open and orderly international shipping market. These functions require that the language used in the shipping documents and their translation must be accurate, allowing no ambiguity and errors. The C-E translation of shipping legal documents serves as a bridge of communication in international shipping activities. However, the there are still some undesirable points or defects in the English versions of Chinas shipping laws and regulations. 1.2 The Current Situation of Legal Translation 1.2.1 The Problems and Difficulties The task of legal translation in China is very arduous particularly after Chinas entry into the WTO. In order to keep the promise of being transparent in legislation, the Chinese government should translate the relevant laws and regulations or measures into one or more standard languages required by WTO and inform its members of the laws and regulations before enforcement and implementation. Because of the time limit, some of the timely and proper transformation of the laws and regulations fell behind the required standards. Chinas current laws and decisions on relevant legal issues are translated, examined and approved by the relevant department of the National Peoples Congress; Administrative rules and regulations promulgated by the State Council are translated, examined and approved by the Legislative Affairs Office of the State Council; Department regulations and local laws and regulations are by the corresponding department or local governments. These three translation powers are fairly independent, and havent established effective coordination mechanisms. They lack cooperation and exchange in their translation. In addition, the management of Chinas current laws and regulations translation is still unsystematic, and lack of appropriate management charter.In regard to the translation of shipping laws and regulations, there are also problems. In spite of Chinas increasing influence in the international shipping market, and the efforts and endeavors the Chinese Government and the competent authorities in charge of transport and communications have made to improve and perfect the relevant shipping laws and regulations, mistakes and undesirable points sometimes can be discerned and have caused economic losses, misunderstanding in the international shipping market. English is the universal language in the international shipping documents and daily business practice. English has undergone several periods, from pre-English, Old English, Middle English to Modem English, during which legal English has evolved gradually and has also acquired a number of distinctive characteristics. Legal English is the most formal written English in all English functional styles, even all English styles. (侯维瑞，1988: 319) Legal English is more precise than ordinary English because it deals with what is closely related to peoples benefit, and law is the essential guarantee to stable social development. As law is the embodiment of state power, precision is of paramount importance to the language of law. Therefore, great attention should be paid to the regulation and standardization of shipping documents translation which will help the world to understand Chinas shipping industry, and is also conducive to bringing Chinas maritime laws and regulations in line with international standards, and lead China into more extensive participation in international shipping operations. 1.2.2 Research on Legal Translation: the Present Situation and Its Prospects Bell states in one of his books- Translation and Translating: Theory and Practice (2001:3). “Documentary evidence of translation can be traced back for at least two millennia”. Indeed，translation has a history almost as long and as complex as that of any other branches of literature. As for the study of translation，some linguists approach translation from a scientific point of view，and categorize it as a kind of science，while others argue that it is an “art”，or a“craft”. With the development of human society and finer division of scientific research，legal translation has become more and more important. However，the study of legal translation has been neglected. Since the 1970s，research on legal language in foreign countries mainly focuses on three aspects : legal language as a process; legal language as a tool; linguists participation in the interactive applied research as to lingual evidence. Whereas，in China，the systematic study of legal language started in the 1980s. There published a number of monographs and articles on legal language. However，so far，at home and abroad，there are few books or articles on precision of legal English. The research on legal translation in China has been gaining momentum in recent years with a significant increase in the number of articles published on this topic. Most studied among them are topics such as theoretical considerations on legal translation, linguistic features of legal text, principles of legal translation, methods of legal translation, and translation of legal terms and guiding theories of translation such as domestication and translators subjectivity. Domestication is often used in legal translation that is because there are great differences between different genealogies of law as well as between the legal systems of each country. It is not enough to get linguistic equivalence in the legal translation practice, but the equivalence of content and connotation is the most important. Since 1970s，the cultural turn in translation studies in western countries have brought about new dimensions and approaches. The translators role in the translation process has been brought to the foreground as a result of the shift from source-oriented to target-oriented approach. Under this background，quite a few scholars have realized the importance of the translators role in translation studies，and they have conducted extensive studies on this topic. “In the whole creative activity，the translators occupy a dominant role undoubtedly and play the most active function. (Yang Wuneng, 1987:3) Liu Lin (刘林2004: 400-402) and Huang Wei(黄巍, 2002: 41-43) pointed out that, with the development of legal translation theory and real practice, translators are gradually changing the passive role in the translation process but become more active and free and even become the co-drafters. Studies on shipping legislation and its translation have also made certain achievements. Articles related are “Main Mistakes in Translation of International Shipping Language in China”. (Wang Genxing, Lu Changying, 2002) “Review on Chinas shipping legislation in the past 15 years” (Zhu Hui, 2008), “On Translators Subjectivity”(Wang Rong, 2005), and so on. Though these theories have laid a foundation for further research on legal translation, objectively speaking, the research on legal translation theories is fairly weak compared to the research in other fields. Regardless of the content or depth, the research is bound to have considerable limitations. We should also be aware of the problems therein, e. g. little re