律师文书特点的文章----学年论文2012.doc

学年论文Translation of texts commonly used by lawyers 律师常用语篇翻译学院：外国语学院姓名：赵芳旭学号：1001081115指导教师：刘艳萍Translation of texts commonly used by lawyers Abstract: This paper discusses the structural characteristics of some common law discourse, and factors affecting discourse, and discusses the problem of translation of these types of law discourse. To ensure the quality of the translation of legal texts, the translator in the translation operation should pay special attention to the textual quality of the translation factors. In addition, the translation phrases must use whenever possible legal terminology and jargon, the chapter structure of the translation must comply with the expectation of readers of the target language in legal profession.Key words: lawyer, discourse, translation.1. Introduction With the full implementation of the Rule of Law, Chinas democracy and legal system are experiencing the sound development, the environment of the legal community is bound to give a strong impetus to the rapid development of the legal profession. As legal professionals, lawyers play an increasingly important role in people s lives. The business scope of the lawyers for legal services have extended from the previous single litigation services to social life, economic and business areas, enterprises, and industry management areas and so on. In accordance with the provisions of China s Lawyers Law, the lawyers activities is to provide agency services ( which are divided into two types: agent and litem and non litigation) as well as provide legal advice and so on. The production of writ by lawyers is throughout the Bar work, which is one of the most important and basic skills of the lawyers. The translation of texts commonly used by lawyers in this article is to explore the discourse of translation of the writs. Lawyer instrument refers to the general term of a variety of instruments with legal significance made by the lawyers in business activities, in the identity of the state legal workers to accept the commission of citizens, legal persons or other organizations in handling litigation legal affairs and non-litigation legal affairs activities, in order to maintain the correct implementation of laws, safeguard the interests of the state and collectivity and the legitimate rights and interests of citizens. Lawyer instrument mainly includes the complaint, the pleading, petition for appeal, the appellants briefs, agents words, the defense statement, the catalog of evidence, evidence, application, statement of protest, legal opinions, lawyers letter and so on. The format of the lawyer instrument has not yet a uniform standard. Some of the major formats in the litigation documents, such as the complaint, petition for appeal, are stipulated in the provisions of Court Proceedings Instrument Style issued by the General Office of the Supreme People s Courts, the others have no standard format. The writing mode of current court instruments and the instruments of non - litigation legal affairs is gradually explored by people in the long judicial practice of writing, once it is formed and is widely used, the explanation is that it has scientificity and practicality. Therefore, we must be familiar with the discourse structure, type, pattern, characteristic, etc., in translating or writing lawyers instruments. Only in such way can we achieve accuracy and decency in order to better play its role in domestic and international legal activities. According to the text linguistics theory, we believe that in order to ensure the quality of the translation of legal texts, the translator should strive to ensure the textual cohesion of the translation, and that the layout of the text is in line with the norms of the target language. Make sure that the meaning of logical structure of the translations is expressed to the core and rhetorical devices are appropriate. At the same time, the words of expression and discourse structure of the translation must comply with the expectation of the readers of legal professionals of the target language. 2. Elements effecting the translation of the textDiscourse means a relatively integrate and independent fragment of a language on the communicative function ( Liyun Xing : 1998), which is not a mechanical overlay of sentences, but an organic and dynamic combination. If a single word or phrase is separated from the specific language environment, and is just in a way to convey the significance of the information potential ( potential ), then it can not complete the actual communicative function. Only when it is placed on the particular context and associated with the communicative event, that is the formation of discourse, can it convey the complete information Li Yunxing has divided the discourse analysis research into two aspects: intra- textual and extra - textual which are closely related to each other. And he further stated that intra- textual studies have focused on the cohesion, coherence, intentionality and discourse structure of the discourse and extra - textual study emphasized the language domain, scenarios and functions of the discourse. Translation involves not only the language factors within the text, but also includes social factors outside the text. Factors that affect the quality of translation discourse, on the one hand, include whether the Textual Cohesion of the translation and the layout of the text is in line with the norms of the target language, whether the logical structure of meaning is in place, and whether rhetorical devices are appropriate. On the other hand, it also includes whether the use of target language is in line with the interpret ability of discourse of target language readers and other external factors. As a carrier for communicative, complete and organic information, Text Cohesion, the layout, logical structure, rhetorical devices of lawyer instruments are closely related to their discourse function. Discourse function determines the translators choice of words, phrases, sentence processing and translation strategies. Here we combine the various factors that affect the textual translation, and discuss specific issues in law instruments translation. 3. The translation of the beginning and ending part The structure of legal discourse in general includes the beginning part, body and ending part. If there is any matter needs the description, then an attach can also be added, such as name of the evidence, number of the evidence, storage place, the number of copies, witnesses, etc. But the attached items are not an integral part of the structure of the lawyer instrument. In accordance with the structural features of lawyer discourse, it can be roughly divided into the type of request, which generally includes the instrument title, the identity of the parties concerned. The ending part includes the unit to be presented and person who prepares a written accusation and the time of preparing the written accusation. Various types of petitions, applications, statement of protest belong to this type. For example:民事起诉状原告：XX，女，汉族，49岁，住成都市双流县华阳镇合林乡高峰村。被告：XX，男，汉族，31岁，农民，住成都市双流县华阳镇合林乡高峰村。（正文略）此致XX人民法院具状人：X年X月X日The beginning part and the ending part may have some differences according to the different cases, but they are generally stylized stereotype. They are stable in the translation process, and easier to be operated, but there are still some problems that require attention. First, for the translation of the title, there is still no uniform standard. For example, there are several translations for 民事起诉状, some translate it as complaint, the other as statement of claim, still others call it bill of complaint or petition and so on. This stems from the different names of the bill of complaint in the Anglo-American countries. For example, the United States Code of Civil Procedure provides it as complaint. While in the United Kingdom and Canada, it is called statement of claim. We believe the standard translation can be adopted, which is the most widely used and is a standard name in Britain and the U.S. For example, 民事起诉状 can be translated as complaint or statement of claim, and other translation should not be adopted. The translation should be chosen depending on the nationality of the other party or the country of presenting court, that is, pay attention to the universal and special cases. Do not use peculiar translations in few of the countries, we should regard each others identity to select the appropriate translation, in order to avoid misunderstanding. This should be treated as an important operating principle of legal translation in particular, in the judicial field of translation. We should pay attention to legal and cultural differences between nations, and deal with it flexibly. Second, in terms of the format of writing, China and the U.S. Have a relatively large difference. In the translation process, it is necessary to absorb the writing characteristics of the Anglo-Saxon countries, but also reflect the characteristics of Chinese instruments. Taking the above points in consideration, example one should be translated as:ComplaintTo _ Peoples CourtPlaintiff: _, female, Chinese, 49 years of age, countrymanDomicile:Defendant: _, male, Chinese, 31 years of age, countrymanDomicile:(body-omitted)PlaintiffDate:4. Translation of the main body of the textNo matter what kind of law discourse it is, the body part is the most important and most critical substantive content. The quality of this part has a direct impact on the judges judgment, and affect the interests of the parties gains and losses, which is the direct embodiment of the lawyers personal and professional level. Thus the translation of this part is also significant. There should be no errors from building the structure of the chapter to the choices of wording. Below will focus on some of the issues that need to pay attention to the translation of the body. In accordance with classification by Werlich on the type of chapter, the chapter is divided into five conceptual and abstract types, ie, description, narrative, describing, debate, and guidance. We believe that the lawyer affair culture belong to one of these two types in accordance with the form and content characteristicsthe of the body. One is debate, such as various pleadings, statement of procecutor, the defense statement, application, statement of protest and so on. The other type is guidance, such as legal opinions, lawyers letter and so on. Of course, this is not to say that the law firm instruments have a single type of chapter. On the contrary, each lawyer Affair instrument is a combination of several types of chapters. For example, the pleadings, statement of procecutor, statement of protest and other text with argument type as framework, which contains a large number of narration, description and other sub- chapter; Chapter such as the legal opinions, lawyers letter with guidance as the framework also contains a lot of debate, and narrative sub chapter. The first chapter of debate generally includes request of the issues and factual grounds. Request of the issues is the proposition supported by the court requested or arbitral institutions, the content should be clear, specific, concise. Facts and grounds part are the core part of the body of the content,which should be clear in thinking, clear in view, and concentrate on the theme, logically rigorous, through the cautious reasoning, formal in language, precise and yet flexible, with simple words. Discourse of argument depends mainly on the arguments to expand, often use the combination of the argument - the argument or proposition to prove and refute - anti- advocate discourse mode.When we translated we should have a strong sense of discourse, and make an analysis of the original text from macro to micro. First, read through the original text at least two to three times to clarify what the case was going to seize the thrust of the original articles, and make an analysis of the level of the original articles.Recognize the context of the original articles, and generally understand the style of the language of the lawyer. This is the macro analysis, which is, understanding of the original articles as a whole. Secondly, make a structural analysis of the paragraph in the original articles, and understand its internal logic to promote convergence and coherence relations between the sentences. Each paragraph is a mini- chapter, which has its own theme and level, and their organic combination constitutes the entire chapter. Of course, these two steps are not separated, the first step is to grasp the thrust of the whole chapter. The language level is to provide reliable, and clear direction, while the analysis of the paragraphs in turn deepens the understanding of the macro-structure analysis. Translator should reflect on the the relationship between paragraphs and among paragraphs and articles, until the clear understanding of the whole chapter is made can you begin the translation. For example, the defense statement generally put on the indictment identification and conclusions in the beginning, and then write out the counsels view on this identification and conclusion, and present a defense point of view, then to to prove the correctness of the defense point of view based on the true and full facts and the specific legal provisions then the argument is true, through a lot of analysis. Of course, it also played an role to refute identification and conclusions in the indictment. This is the entire prehension on the chapter structure of the defense statement. Translator should keep in hearts first the overall framework of thinking, in order to maintain the continuity of the semantics and logic of the chapter in the translation process. Otherwise it can only be piecemeal translation, lack of integrity, uncoherent logic, and it would be unable to obtain the effect achieved by the defense statement, which is to prove his point through logical reasoning and analysis of the facts to persuade the recipient of the chapter (ie, judges and other personnel with professional knowledge of the law ) to support their point of view, and make the judgments in their favor.5. Some points needed to be noted in the lawyer discourse translation Here are some points which need special attention when we translate the lawyer discourse.5.1 Cohesion From the broad framework, this type of discourse usually lists the arguments one by one to demonstrate. The narrative part usually promotes development of chapter with the time continuum, we can see that time signs are often placed in the beginning of the sentence as a sign of the conversion of topic with the character continuum and the behavior continuum running through them, to promote the development of events.We can refer to the foreign proceedings, and find that the pleadings of foreign often use multi- label form of sub-questions to indicate the conversion of each the important information. When we translate it, we can learn from this label the label of the sub-questions, or make sub - paragraph in accordance with the incident continuum so as to make coherent clearer, so that the reader can read it clearly at the first glance.Chinese is the language of parataxis structure which forms sentences mainly through the concatenation of the clause and continuity of meaning, and the level of the logical advancing is not so obvious, which is unlike English. It is also not as frequently as in English with the help of the conjunction to indicate the sentence in the chapter or proposition relationship, the logic level is usually hidden. When we translate we should make an indepth and detailed understanding and analysis of the original logical relationship, the most important thing is the causal relationship between the sentences. Because the causal relationship is the most important relations between the lawyers chapter, which can gain conjunctions, and make clear the recessive expression of the Chinese sentence. Thus it will be more in line with the English language habits and habits of mind.5.2 Sentence pattern Debate class discourse adopts less frequent use of multi-level restrictive attributive, adverbial sentence in terms of the sentence pattern, which is unlike other legal text, and the use of the long sentence was less than that of other legal texts. This is because the main function of debate text of argument type is reasoning, rather than normative, a lot of narrative texts was difficult to be organized and explained clearly, so excessive use of long sentences will make it seem complicated and fail to grasp the main point. Because the concatenation of the clause, the frequency of the simple sentences without conjunction is higher than that of other legal text. This requires us to adjust the Chinese sentence when necessary, and conduct the split, merge, re- arrangement of the logic relations of the clauses to form a compact English sentence. 5.3 Tense Lawyers text of debate class describes events which are often complex, as it often intersperses narration with comments, some transformation on verb tense shall be done. The narrative of past events uses the past tense, but when we discuss, we should use the present tense. As the Chinese has no inflection, it dependents on time adverbial or the semantics form coherent, so there is much space to perceive spontaneously. Thus the translator should conduct an in-depth analysis of temporal significance of Chinese implicit expression to select the appropriate English tense. Help clarify the time order of development, distinguish between narration and comments, and avoid discourse hierarchy confusion and the loss of sense of order and clarity due to the tense selection error. 5.4 Rhetorical devicesTaboo rhetoric me