3.3 The principle of conciseness
Excepting the principle of accuracy, we need to obey the principle of conciseness which means giving a lot of information in few words. The simplest, most concise language is the best for legislation. This principle is also available between legislators. So as to our interpretation of legal documents, we should pursue conciseness of articles, avoiding translating word by word.
例1 英文如与中文有歧义,以中文为准。
译文1 If the interpretation of the English version is different from that of the Chinese version, the latter shall be taken as the standard.
译文2 In case of any misinterpretation of the English version, the Chinese one prevails.
译文3 In case of any discrepancy between the English and the Chinese versions, the latter prevails.
Version 1 translates sentence clearly but has less conciseness. Version 2 and version 3 both either accord with the custom of English expression or use the principle of conciseness.
例21房屋购买人应向房地产登记处办理登记手续。
译文1 The vendee shall effect registration with the real estate registration office.
译文2 The vendee shall register with the real estate registry.
In the version 1, “向…办理登记手续” is translated to effect registration with which seems tedious. The same to the interpretation of “房地产登记处” , version 1 uses registration office to represent registry. Obviously, version 2 is more conciseness than version 1.
例3 约翰.史密斯在中国居住期间没有受过刑事制裁。
译文1 John Smith has no record of committing offences against the Criminal Law during his living in China.
译文2 John Smith has no record of criminal offence during his living in China.
By comparison, version 1 used 10 words to interpret “没有受过刑事制裁” , but version 2 used less words to express the same meaning which is more conciseness than version 1.
3.4 The principle of term consistency
When we translate literature articles, we always use many different words to express one concept to avoid poor vocabulary in the interpretation. Legal document actually does not need considering variety word using. For the aim of retaining the coincident of legal expressions, concepts, even though repeating the same word many times, this legal word must be used in whole documents [10].Eventually; the principle of term consistency should be followed strictly.
例 1 前款所指的支付各种应纳税的款项,包括现金支付,汇款支付,转帐支付和有价证券或实物支付时折算的金额。
译文:The various kinds of taxable payments referred to in the proceeding paragraph include payments in cash, payments by remittance, payments through transfer accounts and payments in marketable securities or in kind, which are rendered into equivalent amount of money.
In upper sentence, it used word payment five times, as the principle of term consistency; we can not change it to another word such as disbursement. Although disbursement and payment are synonyms, they still have some different in detail. Payment includes paying or being paid, disbursement only includes paying out.
例2 被告(宝洁公司)从未以任何方式向原告(雇员)施加精神压力"被告可以拿走原告的文档和他使用的电脑,这是公司的规章制度所规定的,其目的是防止公司的商业秘密被泄露。
(这是某雇员起诉宝洁公司侵犯隐私权,宝洁公司答辩状中的一段)
译文:...the defendant(P&G) never exerted any spiritual pressure in any form on the claimant. The defendant was free to take away all the plaintiff’s files and the computer he had been using, strictly in accordance with the company’s stipulations, and that such actions were aimed at preventing the company’s trade secrets from being disclosed.
In the interpretation text, interpreter used two different words to express the word“原告”. “Claimant” who claims for compensation is the appeal one in arbitrates case and “plaintiff” is special used in civil case. If interpreter both used these two words, many people would misunderstand the meaning of two words. They would think two words as two different parties. In the same way, there are two words “infant” and “minor” to instead of“未成年人”. We never use the other word in the following text after we chosen one word
3.5 The principle of using legal terms
Jurisprudence is a category of social science. Just as other sciences, law also has its terms. Each term has its strict definition. Such as “target” is translated to legal language as “标的”, “subject matter” is interpreted as “标的物” , “cause of action” is translated as “案由”. Emphasizing this principle is aimed to draw interpreter’s attention in terms` translation.
例1 The seller shall present the follow in documents to the negotiation bank for payment.
译文: 售方应向经办支付货款的银行交付下列文件。
As the less knowledge about legal terms, interpreter translated “seller” to“售方”, the “negotiation bank for payment” (actually, “negotiation bank” means “议付行”in legal language) to”经办支付货款的银行”.so the more suitable translation is “卖方应向议付行递交下列文件要求付款”.
例2 举证责任由被告承担。
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