Dynamic Equivalence In Legal Document Translation

The present thesis probes the characteristics of legal document translation by means of a preliminary study and analysis of the existent English version of Contract Law Of the People's Republic Of China (hereinafter referred to as CLPRC).CLPRC, adopted at the second session of the ninth National People's Congress of the People's Republic of China on March 15^th, 1999 and taking effect as of October 1^st, 1999, comprises general, specific and supplementary provisions subdivided into 23 chapters, with each chapter dealing with contracts of a kind respectively.The world today witnesses a complicated volatile international situation characterized with political multi-polarization and economical' globalization in the world pattern. The intensified competition is testified in the fields of the world economy and socio-life. Therefore, contracts, as a major guarantee to bind and standardize economic activities, have never been of greater significance, especially in such a developing country as China, where the legislation in relation with contract laws and legal documents has to be strengthened and its pace to be accelerated to take advantage of unprecedented opportunities and meet the challenges. Only when such work has been performed can the market order be further standardized and greater contributions made to the economic development of this country. Undoubtedly, the promulgation and implementation of CLPRC has a far-reaching and profound impact upon the economic activities in this country. As English is anaccepted language in international business, a satisfactory English version of CLPRC is sure to play a vital role in the accurate smooth implementation of the clauses of CLPRC. Such a version is of great significance because it precisely expresses what is stipulated in the original in all respects. On the other hand, any mistranslation in a not-so-satisfactory version might result in problems in various economic fields in this country such as a misunderstanding of the legitimate rights and interests on the part of foreign individuals and societies of business circles in China or give rise to obstacles in the administration and supervision of economic activities on the part of departments concerned. In addition, a satisfactory English version of CLPRC is of great consequence in lajovJ&wftLoJL c^tl^-s,The thesis comprises four chapters.Chapter One is a general introduction to the language of law, "legal language" as frequently formulated. It covers the characteristics of the language of law, the contents of a contract and a brief introduction to CLPRC.In Chapter Two, the author deals with the definition, nature, functions and process of translation with an attempt to apply the theories advanced by Eugene A. Nida.Chapter Three starts with a brief introduction to Eugene A. Nida's Dynamic (or Functional) Equivalence theory and then goes into the three functions concerning translation, i.e. informative, expressive and imperative functions, on the basis of which a corresponding analysis of the English version of CLPRC is made. Finally the application of Dynamic Equivalence on thesyntactic level is expounded in terms of the utilization of passive form and the comparison of the positions of such modifiers as adjectives and adverbials in the Chinese and English versions. In this way the adequacy of dynamic equivalence is discussed.Chapter Four is designed to carry out a discussion on demerits and defects in the English version of CLPRC. Illustrations are made to show the improper style including the abuse of "shall", the confusing application of "should, may, must and shall" and the improper utilization of passive form, to point out under-translations and over-translations and to indicate deficient expressions in respect of inconsistency, none-brevity, improper negation, infidelity and inappropriate word order. J tAt the end of the-thesis, the author points out that legal document translation is a/grand new field in China's translation circle. A qualified legal document translator should have a good command of not only bilingual but also relevant legal knowledge. A satisfactory legal document translation can only be produced when the translator has a thorough understanding of the original and is able to find a dynamic equivalence in the target language. The author also believes that a combination of theories with practices in this field will contribute greatly to the production of satisfactory legal document translations.