A Report On Simulated Court Interpreting Of Objection Review Concerning "Xingbingle" Trademark

With the deepening of China’s opening up to the outside world,especially the “the Belt and Road Initiative” being pushed forward,China’s exchanges with the rest of the world have become increasingly frequent,and the number of foreign cases accepted by Chinese courts at all levels is increasing year by year,among which,trademark infringement cases are particularly common.Due to the frequent occurrence of cases where language barriers affect judicial justice,the effect of court interpretation may directly affect the outcome of cases.The six-year lawsuit over the trademark “Xingbingle” between Starbucks Company and Shanghai Mingbang Rubber Products Co.,Ltd.is one of the typical representatives of our country’s foreign-related cases,which provides a good example for court interpretation research.This report,as a simulated interpretation based on this case,and under the guidance of the interpretive theory to measure the interpretation effect,explores the methods and skills of court interpretation so as to enhance the author’s interpreting ability.And if possible,it is also expected to lay a theoretical foundation for his better completion of the corresponding interpretation tasks in the future.The report firstly reviews court interpretation studies and analyzes the application of interpretive theory in guiding and assessing the interpretation quality,and then makes a general acknowledgement of the case by making a large amount of preparatory work in the early stage,including the preparation of the glossary,the study of relevant legal documents and decisions on the first and second instances of the case.After that,preliminary interpretation is conducted and problems encountered in the process are analyzed by inviting professionals to evaluate and in combination with the author’s own reflection.In addition,based on the interpretive theory,the author provides case analyses on the improvement of interpretation quality and summarizes some interpretation skills.In this report,it is found that: a)The interpretive theory is applicable for guiding court interpretation in that the essential characteristics of court interpretation and interpretive theory are expected to complement each other by breaking away from the shell of the source language and achieving faithfulness,accuracy and fluency of the target language.b)The difficulties in court interpretation lie in the treatment of terminology and the handling of long and complicated sentences.c)Interpretation of legal terms could adopt the methods of replacing with equivalent words and paraphrasing in order to accurately convey the legalmeaning without being rigorous.d)When it refers to interpreting long and complicated sentences,word order adjustment,sentence segmentation and integration could be employed for the facilitation of understanding.e)The author evaluates and improves his interpretation practice on the basis of faithfulness,accuracy and fluency of the target language by breaking away from the shell of the source language under the guidance of interpretive theory.This report takes the interpretation practice as an example,by combing the interpretive theory and analyzing the difficult problems in order to help the author better complete his interpretation work in the future,and also serve as a reference for the study of court interpretation.