华政法律英语翻译大赛初赛试题
中国政法大学法律英语口语精彩试题及问题详解整理
1. To discuss the differences between the civil law system and the common law system. (P4 )There are many differences between civil law system and common law system. Ⅰ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England.起源地不同，民法起源于古罗马，普通法起源于英格兰Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Thus there are many codes in civil law countries instead of unwritten laws in common law system.普通法的主要传统渊源是案例法，民法的主要传统渊源是成文法。
因此民法国家用许多成文法典取代普通法国家的不成文法Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules.民法法系更多关注实体法，普通法更关注程序规则Ⅳ The classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity.法的分类不同，民法法系分为公法和私法，普通法法系分为普通法和衡平法Ⅴ The role of judges and professors is another difference. Since theory and doctrines is important in legal education of civil law system, professor plays the important role to expose laws to students. In the contrary, case-law is the main source of common law, thus the judges has the discretion to make laws while trialing cases.法官和学者的作用不同，因为理论和学说在民法法系中的重要性，学者在教授学生法律时十分重要。
法律英语翻译练习与答案.doc
1：外国合者如果有意以落后的技和行欺，造成失的，失。
If the foreign joint venturer causes any losses by deception the intentional use of backward technology and equipment, it shall payc o m p e n s a t i o n f o r t h e l o s s through e s.修改提示：复数考不周；用不。
答案（修改要点）： causes any losses → causes any loss(es) 造成一或多失都当，不能用复数形式。
pay compensation for the losses → pay compensation therefor (therefor=for that/them)2：人民法院、人民察院和公安机关理刑事案件，当分工，互相配合，互相制，以保准确有效地行法律。
原文： The people ’s courts, people ’s procuratorates and public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts andcheck each other to ensure correct and effective enforcement of law.修改提示：“分工”，理解：重点在“ ”，而非“分工”，即分工程中各其； respective比own更妥当、准确；原来的文中，and theyshall ⋯比，更重的是，使 to ensure ⋯割断了与 divide their functions 的系。
第五届“华政杯”全国法律翻译大赛初赛试题.doc
第五届“华政杯”全国法律翻译大赛初赛选手信息表我承诺，本译文系由本人（姓名）独立完成，无抄袭现象。
本人同意主办方将我的参赛译文作为教学材料使用。
日期年月日第五届“华政杯”全国法律翻译大赛初赛试题试题一(325 words)The U.S. Supreme Court has not squarely confronted the death penalty's constitutionality since the 1970s. In that decade, the Court actually ruled both ways on the issue. In McGautha v. California,the Court first held in 1971 that a jury's imposition of the death penalty without governing standards did not violate the Fourteenth Amendment's Due Process Clause. But then in 1972, in the landmark case of Furman v. Georgia,the Court interpreted the Cruel and Unusual Punishments Clause to hold that death sentences—as then applied—were unconstitutional. In that five-to-four decision, delivered in a per curiam opinion with all nine Justices issuing separate opinions, U.S. death penalty laws were struck down as violations of the Eighth and Fourteenth Amendments. The sentences of the “capriciously selected random handful” of those sentenced to die, one of the Justices wrote, are “cruel and unusual in the same way being struck by lightning is cruel and unusual.” Other Justices also emphasized the arbitrariness of death sentences, with some focusing on the inequality and racial prejudice associated with them.Four years later, the Supreme Court reversed course yet again, approving once more the use of executions. After thirty-five states reenacted death penalty laws in the wake of Furman,the Supreme Court upheld the constitutionality of death penalty statutes in Gregg v. Georgia and two companion cases. The Court ruled that laws purporting to guide unbridled juror discretion—and requiring capital jurors to make special findings or to weigh “aggravating”versus “mitigating”circumstances—withstood constitutional scrutiny. The Court in Gregg emphasized that the Model Penal Code itself set standards for juries to use in death penalty cases. Only mandatory death sentences, the Court ruled that year, were too severe and thus unconstitutional. In its decision in Woodson v. North Carolina, the Court explicitly ruled mandatory death sentences, the norm in the Framers' era, were no longer permissible and had been “rejected” by American society “as unduly harsh and unworkably rigid.”试题二(348 words)The main features of the Anglo-American civil trial developed in the practice of the English common law courts in medieval and early modern times, as a consequence of the jury system, in which panels of lay persons were used to decide cases. Legal professionals—judges and lawyers—operated the initial pleading stage of the procedure, which was meant to identify and to narrow the dispute between the parties. If the dispute turned on a matter of law—that is, on a question such as whether the complaint stated a legally actionable claim, or whether some particular legal rule governed—the professional judges decided the case on the pleadings. If, however, the pleadings established that the case turned on a question of fact, the case was sent for resolution at trial by a jury composed of citizens untrained in the law. So tight was the linkage between trial and jury that there was in fact no such thing as nonjury trial at common law. In any case involving a disputed issue of fact, bench trial was unknown until the later nineteenth century.In the early days of the jury system, in the twelfth and thirteenth centuries, jurors were drawn from the close vicinity of the events giving rise to the dispute, in the expectation that the jurors would have knowledge of the events, or if not, that the jurors would be able to investigate the matter on their own in advance of the trial. Medieval jurors came to court mostly to speak rather than to listen—not to hear evidence, but to report a verdict that they had agreed upon in advance. Across the later Middle Ages, the jury ceased to function in this way for complex reasons, including cataclysmic demographic dislocations following the Black Death of the 1340s and the effects of urbanization in producing more impersonal social relations. By early modern times, jurors were no longer expected to come to court knowing the facts. The trial changed character and became an instructional proceeding to inform these lay judges about the matter they were being asked to decide.试题三(358 words)Among businessmen and lawyers familiar with commercial practice in complex transactions on both sides of the Atlantic, it is a common observation that a contractdrafted in the United States is typically vastly more detailed than a contract originating in Germany or elsewhere on the Continent.Why are American contracts so much more detailed than European? The Belgian legal writer Georges van Hecke discussed this subject in a stimulating paper that is now a quarter-century old. He offered three explanations. 1. Perfectionism.Van Hecke attributed to the American lawyer a drive “for perfection that is not commonly to be found in Europe. The average American businessman is prepared to pay for this perfection in the form of high fees,” while his European counterpart is not. 2. Federalism.Van Hecke directed attention to the multiplicity of American jurisdictions. “An American lawyer, when drafting a contract, does not know in what jurisdiction litigation will arise. He must make a contract that will achieve its purpose in any American jurisdiction.” By contrast, the European lawyer “always has in mind the law of one country where the contract is being localized by both choice of law and choice of forum.” 3. Code law versus case law.The most intriguing of van Hecke's suggestions is that the different American style of contracting is a manifestation of that seemingly profound difference between Continental and Anglo-American legal systems: The European private law is codified whereas the American is not. Codification, especially in Germany and in the German-influenced legal systems, entailed not only a reorganization of the law, but a scientific recasting of legal concepts. “The European lawyer has at his command a store of synthetic concepts, such as 'force majeure'. Their exact meaning may not always be perfectly clear, but they do save a lot of space-consuming enumeration.” By contrast, American lawyers draft to combat “the lawless science of their law, that codeless myriad of precedent, that wilderness of single instances.”Thus, van Hecke observes, “when a European and an American lawyer want to express the same thing, an American lawyer needs far more words.” American contracts are prolix because American substantive law is primitive.试题四(344 words)In international law, including WTO law, it is well accepted that certain questions of a preliminary character which are independent from the merits maynonetheless stop the proceedings before findings on the merits are made. This eventuality need not be expressly stated in the governing instruments of the judicial body concerned. Questions of jurisdiction and admissibility are both part of the universe of preliminary questions that, while leaving the merits of the case untouched, have the potential to prevent or postpone a final judgment on the merits.The difference between jurisdiction and admissibility is a feature of the general international law of adjudication. Besides the International Court of Justice, the European Court of Human Rights (ECHR) and arbitral tribunals have also made this distinction. For example, in SGS v. Philippines, the tribunal of International Center for Settlement of Investment Disputes found that it did have jurisdiction to consider a contractual claim under the so-called "umbrella clause" of the bilateral investment treaty at issue. The tribunal, however, declined to exercise this jurisdiction, concluding that the claim was not admissible because of a forum clause in the contract stating that contractual claims must be brought to domestic courts. Importantly, neither the Statute of the International Court of Justice, nor the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, under which SGS v. Philippines was decided, explicitly includes the distinction between jurisdiction and admissibility. The Dispute Settlement Understanding of the WTO does not contain this distinction either, but that alone is not a reason to disregard the distinction out of hand. In fact, the dichotomy between jurisdiction and admissibility is embedded in the separation between the authority of the tribunal and the more general procedural relationship between the parties. The development of this distinction before the International Court of Justice, and its spillover to the ECHR and arbitral tribunals, indicates that there is a more general role for it in international dispute settlement. Analogously, in our view, the distinction between jurisdiction and admissibility should also be applied in WTO dispute settlement.。
法律文件翻译考核试卷
4.法律翻译中的多义词应根据上下文来确定其确切含义。（）
5.在所有的法律文件翻译中，直译总是优于意译。（）
6.法律文件翻译中，所有的术语都可以在不同的法律体系中互换使用。（）
7.翻译法律文件时，不需要考虑原文的法律文化背景。（）
8.法律文件翻译完成后，不需要进行校对和审核。（）
6. ×
7. ×
8. ×
9. √
10. ×
五、主观题（参考）
1.法律文件翻译特点包括专业性、准确性、一致性和保密性。应注意术语准确、法律文化差异、时效性和法律效力等问题。
2.专业术语应查找权威词典，保持一致性，必要时可加注解。如“知识产权”译为“Intellectual Property”。
3.忠于原文同时，注意目标语言的表达习惯，使译文通顺、易懂。如使用目标语言的法律术语替换原文表述。
4.法律体系差异影响翻译，应了解双方法律背景，采取适应性翻译策略。如跨国合同中，注意条款的适用性和法律效力。
15. Cห้องสมุดไป่ตู้
16. D
17. A
18. D
19. C
20. A
二、多选题
1. D
2. D
3. A
4. A
5. A
6. A
7. D
8. D
9. D
10. A
11. D
12. C
13. C
14. D
15. D
16. A
17. D
18. A
19. D
20. A
三、填空题
1. Claim
2. Party
3.准确性一致性
D. Probation
首届“华政杯”全国法律英语翻译大赛初赛原文
请将以下四篇翻译成中文第一篇：STANDARDS OF CONDUCT FOR DIRECTORS(a) Each member of the board of directors, when discharging the duties of a director, shall act: (1) in good faith, and (2) in a manner the director reasonably believes to be in the best interests of the corporation.(b) The members of the board of directors or a committee of the board, when becoming informed in connection with their decision-making function or devoting attention to their oversight function, shall discharge their duties with the care that a person in a like position would reasonably believe appropriate under similar circumstances.(c) In discharging board or committee duties a director, who does not have knowledge that makes reliance unwarranted, is entitled to rely on the performance by any of the persons specified in subsection (e)(1) or subsection (e)(3) to whom the board may have delegated, formally or informally by course of conduct, the authority or duty to perform one or more of the board’s functions that are delegable under applicable law.(d) In discharging board or committee duties a director, who does not have knowledge that makes reliance unwarranted, is entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, prepared or presented by any of the persons specified in subsection (e).第二篇：Implied terms about title(1) In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass.(2) In a contract of sale, other than one to which subsection (3) below applies, there is also an implied term that—(a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and(b) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.(3) This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have.(4) In a contract to which subsection (3) above applies there is an implied term that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made.(5) In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb the buyer’s q uiet possession of the goods, namely—(a) the seller;(b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person;(c) anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made.第三篇：The United States, after threatening unilateral action under the much criticized Section 301 of the Trade Act of 1974, brought the matter to the WTO. The facts presented by the United States Trade Representative were sharply contested. But even if these facts had been conceded, the United States would have faced a serious problem: neither trade law nor antitrust law provided a forum or context for examination of the whole problem. The alleged private restraints were subject to the jurisdiction of the Japan Fair Trade Commission (JFTC), but the JFTC, not unpredictably, found no antitrust violation. Japan's trade-restraining statutes, alone, were the basis for the US case at the WTO, but they were only a piece of the picture.A dispute resolution panel concluded that Japan's laws did not run afoul of the GATT rules. Whether the laws seriously harmed trade and competition was not relevant. The GATT's prohibitions against trade-restraining laws are narrow. They do not prohibit measures simply because they unreasonably restrain trade. The US challenge failed because (i) the trade-restraining laws of the Japanese government were not new restraints of which the United States had no notice at the time Japan agreed to reduce its trade protection (i.e. the existence and enforcement of the laws did not defeat United States' reasonable expectations) and (ii) the measures did not discriminate against foreigners; they were neutral on their face.第四篇：In order to conceptualize this world, I introduce literature on legal pluralism, and I suggest that, following its insights, we need to realize that normative conflict among multiple, overlapping legal systems is unavoidable and might even sometimes be desirable, both as a source of alternative ideas and as a site for discourse among multiple community affiliations. Thus, instead of trying to stifle conflict either through an imposition of sovereigntist, territorially-based prerogative or through universalist harmonization schemes, communities might sometimes seek (and increasingly are creating) a wide variety of procedural mechanisms, institutions, and practices for managing, without eliminating, hybridity. Such mechanisms, institutions, and practices can help mediate conflicts by recognizing that multiple communities may legitimately wish to assert their norms over a given act or actor, by seeking ways of reconciling competing norms, and by deferring to other approaches if possible. Moreover, when deference is impossible (because some instances of legal pluralism are repressive, violent, and/or profoundly illiberal), procedures for managing hybridity can at least require an explanation of why a decision maker cannot defer. In sum, pluralism offers not only a more comprehensive descriptive account of the world we live in, but also suggests a potentially useful alternative approach to the design of procedural mechanisms, institutions, and practices.。
中国政法大学法律英语口试真题。
1)Please discuss the differences between the civil law system and the common law system.2)Please discuss the main features of the American court system.3)Please discuss the significance of jurisdiction.4)Please discuss the main characteristics of case law.5)Please explain a part of the Constitution that impresses you the most.6)Please discuss the significance of the case Marbury vs. Madison.7)Please discuss the main differences between substantive law and procedural law.8)Do you think the death penalty should be abolished?9)Please discuss the Miranda warning.10)Please discuss the function of voir dire.11)On what do you think it is proper for the appellate courts to focus?12)Please discuss the difference between torts and crimes.13)Please discuss the process of the creation of case law.14)Please discuss the difference between the binding precedents and persuasive precedents?15)Do you think it is reasonable to have a dual court system in America?16)Please discuss the different roles of judges and attorneys in court?17)Is it reasonable to choose common people as jurors?18)Please discuss the meaning of the right of judicial review of the court?19)Please discuss the difference between motive and intent?20)Please discuss the difference between information, complaint and indictment.21)Please discuss the difference between verdict, judgment and sentencing.22)Please explain the difference between preponderant evidence and proof beyond a reasonable doubt.23)Please discuss the main characteristics of adversary system.24)Please discuss a lawyer’s work before actually filing a complaint.25)How to prove the existence of false imprisonment?26)What is trespass? What is the basis for such tort? How to prove it?27)What is a contract? What are the sources of contract law in America?28)How do you define consideration? Why is it so important to the American contract law?29)How to prove the existence of false imprisonment?30)How to prove the existence of negligence?31)What is trespass? What is the basis for such tort?。
法律英语试卷试题及答案
法律英语试卷试题及答案一、选择题（每题2分，共20分）1. Which of the following is not a legal term?A. ContractB. TortC. EquityD. Agreement2. The term "pro se" refers to a person who represents themselves in a legal proceeding without the assistance of an attorney. True or False?3. What does the abbreviation "LLC" stand for in the context of business law?A. Limited Liability CompanyB. Large Legal ContractC. Local Legal CouncilD. Legal Liability Certificate4. Which of the following is a type of legal document?A. MemorandumB. Memorandum of Understanding (MOU)C. Both A and BD. Neither A nor B5. The principle of "stare decisis" is most closely associated with which legal system?A. Civil lawB. Common lawC. Religious lawD. International law6. What is the term for the legal process of resolving disputes outside the court system?A. LitigationB. MediationC. ArbitrationD. Negotiation7. In the context of intellectual property law, "patent" refers to:A. A right to exclude others from making, using, or selling an inventionB. A document that grants ownership of a work of literature or artC. A legal document that protects a brand name or logoD. A license to practice a profession8. Which of the following is a fundamental principle of criminal law?A. Presumption of innocenceB. Right to a fair trialC. Both A and BD. Neither A nor B9. The term "precedent" in legal English refers to:A. A legal principle or rule established in a previous case that is binding in courtB. A document that outlines the facts of a caseC. A legal agreement between partiesD. A formal request for a court to review a case10. What does the term "actus reus" mean in criminal law?A. The guilty mindB. The wrongful actC. The criminal intentD. The legal defense二、填空题（每空1分，共10分）11. In legal English, "due process" refers to the fundamental legal rights that must be observed to ensure a fair trial.- The term "due process" is derived from the Latin phrase "due process of law."12. A "writ" is a formal written order issued by a court, typically directed to someone other than the parties in a case.- An example of a writ is a "writ of _habeas corpus_."13. The term "negligence" in tort law refers to the failure to exercise the degree of care that a reasonable person would exercise in the same situation to prevent harm to others.- In order to establish negligence, a plaintiff must prove the defendant's duty of care, breach of that duty, causation, and _damages_.14. "Probate" is the legal process by which a will is proved to be valid or invalid.- The court that oversees probate proceedings is known as the _probate court_.15. "Jurisdiction" refers to the authority of a court to hear and decide cases.- There are different types of jurisdiction, including_personal jurisdiction_, subject matter jurisdiction, and territorial jurisdiction.三、简答题（每题5分，共20分）16. Define "actus reus" and "mens rea" in the context of criminal law.17. Explain the concept of "joint and several liability" in tort law.18. What is the difference between "specific performance" and "damages" as remedies in contract law?19. Describe the process of "discovery" in civil litigation.四、案例分析题（每题15分，共30分）20. Case Study: A company has been accused of patent infringement. The company argues that they were not aware of the patent and therefore should not be held liable. Discuss the legal principles that may apply to this case and the possible outcomes.21. Case Study: A tenant has been evicted from their apartment without proper notice. The tenant claims that the eviction was unlawful. Analyze the relevant legal provisions and discuss the tenant's potential remedies.五、论述题（共20分）22. Discuss the role of language in legal interpretation and the challenges it presents. Provide examples to support your argument.参考答案：一、选择题1-5: D T A B B6-10: B C A B B二、填空题11. "due process of law"。
第三届“华政杯”全国法律翻译大赛初赛试题
第三届“华政杯”全国法律翻译大赛初赛试题试题一（关于宪法中的隐私权与表达自由）Following the limited success of his action in domestic law, Mosley petitioned the European Court of Human Rights, claiming a violation of articles 8 (the right to private life) and 13 (the right to an effective remedy), and seeking to establish whether the United Kingdom had a positive obligation under article 8 to protect Mosley by providing a legal duty on the News of the World to warn him in advance to allow him to seek an injunction.The court dealt firstly with the questions whether the applicant was still a victim of any breach of article 8 and whether he had exhausted all effective domestic remedies before petitioning the Court. On the issue of whether he was a victim, despite receiving compensation in the High Court, the European Court held that no sum of money awarded after publication of information causing the applicant humiliation could provide a remedy for his specific complaint - that no legal requirement existed which obliged the media to give advance warning to an individual of a publication which related to their private life. Hence, the applicant was a victim under the Convention. For similar reasons the court held that the applicant had not failed to exhaust effective domestic remedies (under art 34 of the Convention) by failing to appeal on the issue of exemplary damages, or by pursuing a claim for an account of profits or under the Data Protection Act 1998 for destruction of the relevant data. In the court's view, none of those remedies could have addressed the applicant's specific complaint about the absence of a legal requirement of prior notification of the publication of the article which had interfered with his right to respect for his private life.试题二（法学理论）In the Middle Ages there was a twofold organization of paramount or legal social control, namely, state control and church control. The writers ofthe church took their ideas of law largely from the Greek philosophers and the Roman law books. They conceived that the state existed in order to maintain justice and so to maintain the law of God. The teachers of law in the medieval universities postulated an emperor over all Christendom in its temporal aspects as the pope was over its spiritual aspects. State and church were held co-workers in maintaining justice and realizing the law of God. In time, they became rivals for the paramountcy. But typically in the Middle Ages they were expected to work together as concurrent agencies of upholding the social and moral order. The so-called restoration of the empire under Charlemagne gave an ideal towhich men of the time recurred constantly in the quest of order and legal unity.But the ideas derived from the Roman law books were not only in contact with ideas of fathers of the church, they came also in contact with ideas of the Germanic law. Thus the juristic thought of the time was a resultant. There were two ideas of law: (1) The Roman-Byzantine, academic idea of enacted law— the civil law as enactments of the emperor Justinian, and the canon law as enactments of the popes — and (2) the idea of law as authoritatively declared custom, the idea of the customs of the Germanic peoples, authoritatively ascertained and declared by reduction to writing iuxta ex-emplum Romanorum.试题三（法律史）Historically, Chinese society preferred rule by moral suasion, rather than relying on codified law enforced by the courts. The teachings of Confucius1 have had an enduring effect on Chinese life and have provided the basis for the social order through much of the country's history. Confucians believed in the fundamental goodness of man and advocated adherence to li (propriety), a set of generally accepted social values or norms of behaviour. Education was considered the most important means for maintaining order, and codes of law were intended only to supplement li, not to replace it.Confucians held that codified law was inadequate to provide meaningful guidance for the entire panorama of human activity, but they were not against using laws to control the most unruly elements in the society. The first criminal code was promulgated sometime between 455 and 395 BC. There were also civil statutes, mostly concerned with land transactions.Most legal professionals were not lawyers but generalists trained in philosophy and literature. The local, classically trained, Confucian gentry played a crucial role as arbiters and handled all but the most serious local disputes. This basic legal philosophy remained in effect for most of the imperial era. The criminal code was not comprehensive and often not written down, which left magistrates great flexibility during trials. The accused had no rights and relied on the mercy of the court; defendants were tortured to obtain confessions and often served long jail terms while awaiting trial. A court appearance, at minimum, resulted in loss of face, and the people were reluctant and afraid to use the courts. Rulers did little to make the courts more appealing, for if they stressed rule by law, they weakened their own moral influence.试题四（民商法）Article 5.2 of the Commercial Law allows the parties to choose foreign law in case one party is a foreign element. The language which allows the parties to choose foreign law is slightly different and clearer than art.759 of the Civil Code:“Parties to a commercial transaction with a foreign element may agree to apply a foreign law or international practice, provided that such foreign law or international practice is not contrary to the basic principles of Vietnamese law.”Although the language of the Commercial Law is much clearer, it is not perfect. What constitutes “the basic principles of Vietnamese law”? A commercial contract is subject to both the general “basic principles”as set out in Ch. II Pt One of the Civil Code, and the “basic principles”as they specifically apply to a commercial transaction as set out in the Commercial Law. Both Codes contemplate that the parties are equal in the transaction and have freedom to negotiate and agree to terms. In addition, the Civil Code refers to the principle of legal compliance in “establishment and execution of civil rights and performance of civil obligations”, while the Commercial Code refers to the principle of application of common commercial practices. However, the grounds to challenge application of foreign law as incompatible with the “basic principles” of Vietnamese law would likely be narrow.初赛选手基本信息表。
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第二届“华政杯”全国法律英语翻译大赛初赛试题试题一：（合同法与侵权法）Contracts also generate general duties of care in dealing with the rights, objects of legal protection and legally protected interests of the contractual partners. Such “collateral” obligations do not normally have a ny relation to the content of the respective “primary” performance obligation and can therefore in principle become significant in every type of contract. The more ambitious a legal system is in the development of such contractual collateral obligations for the protection of interests already existing independent from the direct performance expectations formed by the contract, the more practical weight is given to the respective concurrence of actions rules, which give details of the relationship of contractual liability with parallel tortuous liability. The narrower the scope of contractual duties is, the narrower the overlaps with the area of application of tort law turn out to be. The consequence is in turn, that the area of application of the respective legal principles governing concurrence of actions becomes narrower. A concurrence of actions rule which grants in principle contractual liability priority of application over tortuous liability, has to keep the area of contractual liability narrow in the interest of protecting the victim, if tort law is more favorable to an injured party in an individual case than contract law.试题二：（财产法）Subject to the provisions of the Declaration and other provisions of law, a unit owner:(1) may make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community;(2) may not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the common interest community, without permission of the Unit Owners Association (hereinafter called “Association”);(3) after acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries;(4) may subdivide a unit into two or more units. Subject to the provisions of law, upon application of a unit owner to subdivide a unit, the Association shall prepare, execute, and record an amendment to the Declaration;(5) The amendment to the Declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.试题三：（法律史）For much of our history, the United States was not a lender but a borrower of law. The United States is a common-law system; and the common law was, in its origins, essentially English. In the first part of the nineteenth century, American courts looked to English law for inspiration, to English jurists and treatise writers. Case law was peppered with citations of English cases. Notable scholar-judges, like James Kent and Joseph Story, also read, absorbed, and tried to import into American law key aspects and insights of European legal thought. The British influence declined throughout the nineteenth century; and in the twentieth century it was all but dead. American cases rarely cite foreign materials. Courts occasionally cite a British classic or two, a famous old case, ora nod to Blackstone; but current British law almost never gets any mention. In the twentieth century German philosophy had some residual influence; and Karl Lewellyn, for one, absorbed a good deal of German legal culture. It is fair to say, however, that American lawyers and jurists have been, on the whole, extremely parochial. At some crucial points, scholars and states people did look abroad. English law influenced the shape of the workers’ compensation statutes; key phrases were lifted almost verbatim from the English act. The English act, in turn owed something to legislation adopted earlier in Bismarck’s Germany. The English Companies Law of 1929 and a Securities Act of 1933 were real influences on the text of the Securities and Exchange Act. Commercial statutes similarly were indebted to British models.试题四：（公司法与国际经济法）(i) In general. The Department of Commerce (hereinafter called “Department”) normally will attribute a subsidy to the products produced by the corporation that received the subsidy.(ii) Corporations producing the same product. If two (or more) corporations with cross-ownership produce the subject merchandise, the Department will attribute the subsidies received by either or both corporations to the products produced by both corporations.(iii) Holding or parent companies. If the firm that received a subsidy is a holding company, including a parent company with its own operations, the Department will attribute the subsidy to the consolidated sales of the holding company and its subsidiaries. However, if the Department finds that the holding company merely served as a conduit for the transfer of the subsidy from the government to a subsidiary of the holding company, the Secretary will attribute the subsidy to products sold by the subsidiary.(iv) Input suppliers. If there is cross-ownership between an input supplier and a downstream producer, and production of the input product is primarily dedicated to production of the downstream product, the Department willattribute subsidies received by the input producer to the combined sales of the input and downstream products produced by both corporations (excluding the sales between the two corporations).(v) Transfer of subsidy between corporations with cross-ownership producing different products. In situations where paragraphs (b)(6)(i) through (iv) of this section do not apply, if a corporation producing non-subject merchandise received a subsidy and transferred the subsidy to a corporation with cross-ownership, the Department will attribute the subsidy to products sold by the recipient of the transferred subsidy.(vi)Cross-ownership defined. Cross-ownership exists between two or more corporations where one corporation can use or direct the individual assets of the other corporation(s) in essentially the same ways it can use its own assets. Normally, this standard will be met where there is a majority voting ownership interest between two corporations or through common ownership of two (or more) corporations.。