英汉互译中法律术语词汇空缺研究(英文)

Abstract: The translation of legal terms is a thorny problem in legal translation. So it is just one of the difficulties encountered by legal translators, for legal translation requires equivalence both in linguistic function and in legal function. Yet the absence of exact equivalents is not uncommon and the translator is often faced with near equivalence, partial equivalence and non-equivalence. This paper discusses vocabulary vacancy of legal terms from the aspect of E-C and C-E translation. Analyzing the  phenomenon and reasons of vocabulary vacancy of legal terms in translation, the author presents its  principles and the strategies together with many typical examples. The paper is of some importance to the study the translation of legal terms.

Key words: Legal terms; Vocabulary vacancy; E-C and C-E translation; Translating strategies

摘  要：法律术语的翻译是法律翻译中的难点，因为翻译法律术语时，译者面临这样一个问题：一方面，法律翻译要求语言功能上的对等和法律功能的对等，另一方面，翻译中又经常没有确切的对等词，面对的是接近对等，部分对等和不对等这几种情况。本文从英汉互译的角度论述法律术语词汇空缺，通过分析英汉互译中法律术语词汇空缺现象及其产生的原因，提出了英汉互译中法律术语词汇空缺的处理原则及其翻译对策，并辅以大量典型例子说明。本文对研究法律术语的翻译具有一定意义。

关键词：法律术语；词汇空缺；英汉互译；翻译对策

Introduction
In the contemporary studies of translation, many have been conducted from legal terms and vocabulary vacancy respectively. In the studies of legal terms, most of the researches analyze the form, the characteristics. Then they put forward the strategies of their translation. Some researches analyze the structure, the coverage, the application and the explanation of legal terms. In the studies of vocabulary vacancy, major researches discuss the clarification, the cause of its existence and the translatability. Finally they provide the handling method of vocabulary vacancy. Minor studies discuss the cultural factors of it in translation and the relationship between cross-cultural communication and vocabulary vacancy.
From above, it is obvious that there are few studies on vocabulary vacancy of legal terms in translation. We can see that it is valuable to conduct such a study on the above aspect.
In the present paper, it is well explored that vocabulary vacancy of legal terms does exist in E-C and C-E translation with an emphasis on the cause of its existence and its handling methods. After this research, the legal translators will have a clear understanding on vocabulary vacancy of legal terms. Meanwhile this paper enables them to have a good command on the handling methods in order to make their translation practice easy and successful.

1  An overview of legal terms and vocabulary vacancy
    This chapter will look into legal terms and vocabulary vacancy in terms of their definition, characteristics and clarification.
1. 1 Introduction to legal terms
In the resent years, with the acceleration of the legislative process and extension of the foreign communication, the foreign exchange in legal culture is also growing. In order to do better in the participation of political and economic activities in international community, China has speeded up the study toward developed countries, including the legal study. Then it requires us to translate a large number of foreign laws and regulations. In the interchange of law major, it requires the interpreters to interpret flexibly and appropriately. Because they inevitably run into the barrier-the translation of legal terms in the translation practice. That is, the translation of legal terms is undoubted a thorny problem in legal translation practice. “ Actually, in the vocabulary systems of legal language, there is few legal terms, but they are of extreme significance. They are the unique and main members in the legal language.”[1] Due to their existence, the legal language obtains hue of law major distinguishable from general language.