商务合同中汉译准确性的研究.doc

AbstractAs the international trade is increasing, the commercial contract is more and more important to the development of worlds economy, because it ensures the success of the business. Faithfulness is very important to translation, especially to the commercial contract, because both of the Chinese and English contracts should have the same legal effect. This paper points out that the commercial contract translation requires not only the correctness of logic, but also the stylistic faithfulness that is as impotant as the correctness of logic. By analyzing the commercial contract translation and its stylistic features such as long sentences, formality , dignity and so on, this paper describes the approaches and methods to achieve the faithfulness in translation.Key words: commercial contract; faithfulness; translation; stylistic features; formality中文摘要随着国际贸易的增加，商务合同对全球经济的发展越来越重要，它保证了商务活动的顺利进行。“信”对于翻译来说，非常重要，尤其是商务合同的翻译。因为合同的中英两个版本应该具有相同法律效力. 本文指出商务合同翻译不仅要做到逻辑准确，同时文体准确也是同样重要。通过分析商务合同具有的长句, 正式，严谨等文体特点及其翻译， 说明达到翻译准确性的途径和方法。关键词：商务合同；准确性；翻译：文体特征；正式1. IntroductionNowadays，as the worlds economy is globalizing, the commercial contract becomes more and more important. The contract that stipulates mutual rights and obligations is achieved by certain legal procedure(杨芳, 1998:7), thus it has great binding force to both parties. Sequentially, the contract ensures the business trade goes smoothly. As English contracts translation, it has the same legal effect as the original text. So it imposes higher requirement for the faithfulness of contract translation. Faithfulness requires the contract translation to be so official, rigorous, succinct and palpable in translating the sentences that the parties can communicate clearly and fulfill their obligation correctly.On the one hand, it is easy to achieve this faithfulness，because the contract has a fixed discourse pattern. For example, a commercial contract is generally divided into three parts: preamble (head), body and final clauses (tail). They must be written in such an order. These three parts include some relatively regular and essential elements, without which a contract shall not be protected by law. In addition, so far as the basic form is concerned, each contract is written in the order of headings, articles and detailed rules and regulations. In order to achieve the orderly language, all the headings and articles should have the same structure and generally speaking, Noun phrases are often preferred in headings. On the other hand, to achieve the faithfulness is very difficult. English and Chinese have great differences in expression habit, which leads to the different requirements for contract wording. So how to achieve the faithfulness in English commercial translation?2. Literature Review2. 1 Definition of faithfulnessFaithfulness is one of criteria of translating. Yan Fu proposed “faithfulness, expressivenessandelegance” as the standards of translation(from 张培基，2006:8)Nida (from马会娟, 2003:9) has employed “functional equivalence” to describe his view of translation faithfulness. Nida further develops “functional equivalence” by dividing it into two levels: the minimal level and the maximal level. The former is defined as “the readers of a translated text should be able to comprehend it to the point that they can conceive of how the original readers must have understood and appreciated it”. The latter is described as “the readers of a translated text should be able to understand and appreciate it in essentially the same manner as the original readers did”. The maximal level of functional equivalence is an ideal and is rarely achieved except for those texts of routine information, which have little or no aesthetic value; whereas the minimal level is realistic and a translation below this level is unacceptable. A good translation always lies in between the two levels.As for faithfulness of contract translation, Liu Miqing (刘宓庆, 1998:10) stresses that the main aim of contracts is to record facts and that as a result, what is pursued in the translation of contracts is not florid rhetoric but faithful and accurate transmission of the original sense. Wang Chunhui，a scholar and practicing lawyer in foreign affairs, holds that the translated text should convey veraciously and thoroughly the original sense, without any distortion, omission or overstatement (王春晖, 2001:11) .To come up to this criterion in translation of contracts, two important aspects should draw our attention. One is accurate and exact choice of words in the translation of technical terms and some key words in contracts because these words have strict legal definition. For example, We often associate “formal with ”“正式的”, but “正式批准”should be translated into “official approval” while “正式签署”should be rendered into “duly sign”. (刘宓庆, 1998:10)The faithfulness is the primary translation standard to obey. So the second aspect for concern is translation should have comprehensive care for the original text, style, language. The following are the examples：(1) The term shall count from the time the supplies or services have been effected in their entirely and from the receipt of the duly issued invoice. Discount shall also be deductible if the purchaser offsets payment against receivables or because of deficiencies withholds payment of a reasonable amount, the term shall count from the time deficiencies are completely corrected. 付款期限是从供货或服务全部完成并且收到正确开签的发票的时间开始计算。如果采购员要抵消应收款项或因不良品要扣留合理的金额，这些折扣都可以扣除，时间从产品的缺陷得到完全纠正的时间开始计算。The “deficiencies” above reflects the writers dissatisfaction and view, In order to express the original content, the translator doesnt translate it“缺乏”，but“缺陷”by original content.(2) If the order confirmation differs from the order/ (JIT) delivery schedule, it shall be binding on the purchase department on if it has accepted such confirmation in writing.如果订单或交货计划的确认与欧司朗要求的有差异, 而欧司朗采购部书面接受这个订单确认, 那么这个订单确认有约束力。To translate Chinese text faithful to the original, the translator should have a good understanding of it at first, and secondly, express the understanding correctly in another language. The translation standard of good understanding and correct expression are not an easy thing. However, faithfulness should be our pursuit and where we should make an effort to. As long as the translator has intensive concentration and ceaseless effort, an increasingly level of political mind, language, culture and specialty, the standard can be achieved by continuous practice and experiences. 2. 2 How to achieve the faithfulness in translationThere are two steps to achieve the faithfulness (杨芳, 1998:7) . They are illustrated as below.2.2.1 Analysis of the sentence (i) Analyze the logic of the sentence structure and divide the sentence in sense groups.(ii) Identify the immediate constituents of the whole sentence-subject, predicate and object, from an overall grasp of the structure of the sentence.(iii) Identify all subordinate, clauses, modification and elements. (iv) Analyze the function of clauses and phrasesExample:(3) (The union leaders)(declared)(that the ultimate aim of their struggle was to increase pay and improved working conditions for the workers.)It is not difficult to find out that the words in the brackets are subject, predicate and object, of the sentence. We can translate the main clause of the sentence (“The union leader declared + that clause”) firstly as “工会领导人宣称”and then analyze again. There are three predicate configurations in this sentence. Their predicate verbs are “declared”, “was to increase pay”, and “improved”. We can have a better understanding on this sentence after the analysis. 2.2.2 The application of translation methods(i) Literal translationWe must translate the original English in accordance with the Chinese.Example:(4) Following the huge floods of 1998, (the government)(prohibited)(logging)in the upper reaches of the Yangtze River in order to protect forests and reduce flood dangers. The bracket in the sentence is the main clause. “following the huge floods of 1998”, “in the upper reaches of the Yangtze River”these words are parts of the adverbial which are the complements and modifies of the entire sentence. We can use literal and sequential translation method after we Analyze the sentence. This sentence can be translated into“例如，在1998年特大洪水过后，为了保护森林和减少水患，政府明令禁止在长江上游伐木”。(ii) Reverse translation With the different habits and customs, English and Chinese are in different orders of expression, and sometimes even completely opposite. So the translation must start from the back of the original sentence.Example:(5) Aluminum remained unknown until the nineteenth century, because nowhere in nature is it found free, owing to its always being combined with other elements, most commonly with oxygen, for which it has a strong affinity. Analysis：This sentence consists of one main sentence, two Reason adverbials and one attributive clause. “Aluminum remained unknown until the nineteenth century” is the main clause，and also the central content of whole sentence, which has four predicate configurations. For Chinese, the causes should usually come before the results. Thus, we can translate the original text into reverse order :“铝总是跟其他元素结合在一起，最普遍的是跟氧结合；因为铝跟氧有很强的亲和力，由于这个原因，在自然界找不到游离状态的铝。所以，铝直到19世纪才被人发现”。(iii) Sense group translationIn a long sentence，the subject or the main clause doesnt have a close relationship to the modifying components. Thus translation can be divided into many short sentences according to the Chinese habits, and the long sentences clauses or phrases can be translated into a sentence. Sometimes it is necessary to add the appropriate words to ensure sentence translation. Example: (6)All they have to do is press a button, and they can see plays, films, operas, and shows of every kind, not to mention political discussions and the latest exciting football match. Translation：“他们所必须做的只是按一下开关。开关一开，就可以看到电视剧、电影、歌剧，以及其他各种各样的文艺节目。至于政治问题的辩论、最近激动人心的足球赛更是不在话下。”(iv) Combination of paraphrase translation and literal translation.In fact, in the process of translating, translating a long English sentence doesnt just simply need one translation method, but sometime a mixed use of various methods is needed. Especially when some long English sentences can not be simply, conveniently translated by anyone of above methods, we need a careful analysis in accordance with the sequence of time, or the logical order. With the use of paraphrase translation and literal translation, we can make the original text translation faithful to Chinese customs and expressing habit.Example:(7)He said that he was assured by the State Department that the U. S. is willing to normalize relations with his country.Translation：“他说，国务院向他担保美国愿意同他的国家恢复正常关系。” In addition, in English, some fixed phrases can not be literally translated and deserve more attention in translation, such as all but(几乎，差不多), as anything(非常地)anything but：根本不apart from：除了but for：要不是by far：远不，得多by no means：根本不by any means：无论如何due to：由于except for：除了far from：远非in contact with：与联系instead of：而不是on account of：因为on the basis of：根据only to.To the above studies on faithfulness translation, obviously, there is a weak point that is the neglect of the stylistic features, which plays a more important role in the business contract translation.3 Stylistic faithfulness in the translation of English commercial contract3.1 Stylistic Features of Commercial Contract and TranslationLike other varieties of English, contract English presents some striking and unique stylistic features. 3.1.1 Long sentencesOne of the most striking grammatical features of contract English is the tendency to use long sentences, which are capable of expressing complex ideas with accuracy and precision because they may contain many modifiers (丁往道, 1994:4). In a contract, sentences which may run as long as 6-7 lines can be found here and there, greatly outrunning the average length of an English sentence (王佐良,1987:5). Because the correctness of contract clauses has closely relationships with the exercise of rights and performance of obligations, contracts sentences are necessary and essential to convey all the sense so as to cover all imaginable situations, conditions or requirements. The translation should leave no space for misunderstanding and misinterpretation which may cause disputes and even heavy economic losses at last. As a result, contracts sentences are inevitably long and complex. Sentences consists of many subordinating devices as participles, participial phrases, prepositional phrases, restrictive attributive clauses, non-restrictive attributive clauses and adverbial clauses in order to convey all the information in a logically precise way.Example:(8) Any failure or delay in the performance by either party hereto of its obligations under this Agreement shall not constitute a breach hereof or give rise to any claims for damages if and to the extent that it is caused by occurrences beyond the control of the party affected, including, but not limiting the generality of the foregoing, acts of governmental authority, acts of god, strikes or concerted acts of workmen, fires, floods, explosions, wars, riots, storms, earthquakes, accidents, acts of a public enemy, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, shortages of labor, materials or supplies, failures by contractors or subcontractors, transportation embargoes, failures or delays in transportation, rules, regulations, orders or directives of any government or any state, subdivision, agency or instrumentality thereof or the order of any court of competent jurisdiction. (袁振.2009:11)Translation：本协议任何一方未能履行其本协议下规定的义务或有所延误， 如果是由于发生该方无法控制的事件所造成的， 则在此范围内不构成对本协议的违反，也不得引起任何损害赔偿的要求。这类事件在不局限于上述一般概念的前提下包括：政府的行为、自然界的行为、工人罢工或联合行动、火灾、水灾、爆炸、战争、暴乱、风暴、地震、事故、社会公敌的行为、叛乱、暴动、破坏、传染病、隔离控制、劳动力、原材料或物质短缺、承包者或分承包者未履约、禁运、运输方面未能履约或延误、任何政府或国家、下属各部门、机构或组织的条例、规定、命令或指示、任何有管辖权的法院的法令。This sentence with 133 words includes a prepositional phrase “in the performance by either party hereto of its obligations under this Agreement” modifying the subject of this sentence “any failure or delay,” an adverbial clause introduced by” if and to the extent that “and a participial phrase” including, but not limiting “followed by a long list of possible eventsExample:.(9) Where servants, agents or subcontractors of the Company carry out work under the direction of the Client, the Client shall be fully responsible for, and indemnify and hold harmless the Company against any claim, loss or damage of any kind, whether arising in contract, in negligence, in equity or by statute or under any law connected in any way with the Services, Project or relationship established by this Agreement. (袁振.2009:11)Translation：公司员工、代理人或分包商在客户指导下履行工作的，客户对因公司员工、代理人或分包商的作为或不作为而造成的任何索赔、灭失及损毁，无论是基于合同、过失、衡平法