| This thesis takes the Chinese translation of“possessory lien”as an example for the purpose of making an analysis and evaluation of how to choose a proper translation strategy in making the Chinese translation of“possessory lien”in the Maritime Law of the People’s Republic of China.By pointing out the mistakes and disorder in the incumbent translation of“possessory lien”by means of definitions or provisions in the common law system,the civil law system and Maritime Law of the People’s Republic of China(1993),the author believes foreignization can be used to translate the term.In order to demonstrate reasons why the author selects foreignization,three following criteria are introduced:the cultural dominance,purposes of translation and the legal source of“possessory lien”.Judging from the evaluation of three criteria,a comprehensive analysis of“possessory lien”is made to reveal that the translation of“possessory lien”should select foreignization strategy,rather than domestication strategy,and that is to say,“possessory lien”should be translated into“占有优先权”rather than“留置权”.Through the analysis of the Chinese translation of“possessory lien”,the author illustrates that Chinese scholars are puzzled by the incorrect interpretation of“lien”when it is applied in Chinese Maritime Law,although the difference between the translated versions of“possessory lien”(占有优先权)and“lien”(留置权)lies in the addition or omission of several Chinese characters.The analysis and research of this thesis provide references for Chinese scholars to cope with this problem. |
