Research On The Dilemma And Improvement Of China's Criminal Litigation Translation System

Under the background of increasingly frequent international exchanges and closer integration of various ethnic groups,the increasing exchanges in various aspects are accompanied by increasing criminal cases caused by disputes and conflicts.When the accuseds are unable to understand or use the official languages that are used in criminal proceedings,they are unable to effectively defend themselves and impede the realization of judicial justice.The high-quality and professional criminal litigation translation system can effectively eliminate communication barriers between the parties,and promote the smooth conduct of criminal proceedings.The criminal litigation translation system is not only the embodiment of the accuseds's language right in the judicial field,but also the need of current judicial practice.Correct and in-depth understanding of the criminal litigation translation system's concept and significance can help to better identify problems,to solve problems,and to promote the development of China's litigation system and social progress.In order to better protect the language rights of the accused in the judicial field,this paper focuses on the translation system in the field of criminal litigation.Through the investigation of the extraterritorial criminal litigation translation system and the analysis of the problems in China's theoretical research and judicial practice,a series of countermeasures are proposed for the modernization of the rule of law in China.The first part of this paper mainly introduces the concept and significance of the criminal litigation translation system.The criminal litigation translation system discussed in this paper refers to the accuseds who are unable to understand or use the official languages of criminal litigation activities(This type of accused mainly includes foreigners,stateless persons,ethnic minorities,deaf-mutes and so on).The judicial organs provide professional translators who are familiar with foreign languages,minority languages,sign languages and have corresponding legal knowledge and legal literacy.This translation system can help to eliminate communication barriers in criminal litigation activities,to protect the language rights of the accuseds in the judicial field and to maintain judicial justice.The system includes cultivation of professional translation talents,qualification certification,selection,training,assessment of criminal litigation translators,and the establishment of judicial institutions,as well as the supervision and relief of translation quality.The second part analyzes the problems existing in the field of criminal litigation translation in China based on the current judicial practice.It mainly includes insufficient legislation in the field of criminal litigation translation,lack of professional translation talents,lack of regulation and randomness in translation practice,insufficient supervision and relief procedures over translation quality,and insufficient attention to criminal litigation.Only by thoroughly analyzing the current shortcomings in China can we innovate and grow in reflection.The third part introduces the international regulations on translation assistance for the accuseds and several countries with mature experience in criminal litigation practice,such as the United States,Japan,and Russia.Compared with the international research and exploration of the criminal litigation translation system,China's criminal translation system is not perfect,and theoretical research is not systematic.Therefore,it is very valuable to analyze the theory and practice of extraterritorial criminal litigation translation system and to form a Chinese characteristics criminal litigation translation system based on China's national conditions.Based on the analysis of China's criminal litigation translation system,the fourth part puts forward several targeted countermeasures based on the relevant regulations and mature practice.It mainly includes filling the legislative blank area in legislation,refining the macro legislation,making the relevant provisions become feasible and operational.The improvement in judicial practice is mainly to implement the details in the criminal litigation activities,including detailed notification of the right to obtain translation assistance for the respondent,implementation of the avoidance system for translators,and enhancement of the payment and security protection of translators.At the same time,during the process of consulting the literature,the author puts forward two measures that are extremely targeted and highly operational on the basis of the research of the predecessors.These two measures also directly attack the core drawbacks of China's current criminal litigation translation system.The first is talents cultivation.This paper proposes a one-stop mechanism from cultivating talents in universities to accepting talents in the judiciary,covering all aspects of talents cultivation,qualification review,selection,assessment,training and talents reserve.The second is the supervision and relief procedures,including the establishment of a full-time simultaneous recording system for criminal litigation,the review and recording of the translation process,the improvement of the accountability mechanism for criminal litigation translation activities and the protection of rights relief in criminal litigation activities.