China’s Court Interpretation And Legislative Proposals

With the development of China’s development, foreign exchanges becomemore frequent and foreign-related disputes also increase. Litigation activities andlanguage equality are placed in front of us. It’s necessary for us to reflect on theimportance in safeguarding the interests of the parties and maintaining the fair andpublic judicial image.Throughout the history of the development of court interpretation, we can seethat western countries have decades of history already, and its development has alsobeen relatively standardized. In the aspect of legislation, these countries make detailedprovisions on the interpreters’ qualification, rights and obligations. However, our courtinterpretation lacks legislation rules and regulations, with the result that there aremany non-standard practices. For instance, the courts have no unified channel whenhiring interpreters particularly, so we can’t guarantee the courts can find the suitabletranslators, which leads to the fact that the quality of the translation is difficult to beguaranteed. In addition, due to the lack of supervision of interpreters, mistranslationsarise and if the mistranslations are not timely corrected, the interests of the parties willbe significantly affected. In order to solve these problems, I think it is very necessaryto enact a related law for the court interpretation to provide normative guidance forthe operation of our practice.This article is divided into five parts. The first part briefly describes the overall condition of the court interpretation including the definition and main features; Thesecond part makes an analysis of the specific practices of some foreign countries, andthe provisions of these countries have their own characteristics: the United States have"Court Interpreters Act"；the United Kingdom has different processes for differentcourts；Australia has a perfect interpreter qualification certification system；Japan usesdifferent interpreters in the different stages of the proceedings; Singapore compares todifferent objects different interpreters. The third part introduces the situation ofChina’s court interpretation. It points out main problems at present. The fourth part isthe focus of the article, combining with ancient regulations, local practice ofinterpretation in the process of beneficial exploration, and foreign experience. Thispart also put forward some suggestions for court interpretation legislation on courtinterpreters’ status, rights, responsibility, recruitment system, and qualificationcertification. The last part is a summary of the paper, which points out that theimprovement of court interpreting is a long process, and the development of a relatedlaw requires a lot of effort. Before a relevant law is enacted, we need to strengthen thetheory research, increase education investment, and continuously improve the work inthe practice. Then we can promote the interpretation legislative process. At last, theauthor points out the inadequacies of this paper.