第六章法律题材翻译
各种法律类文书、公文翻译（中-英文版）
举证通知书(English V ersion)-法律英语翻译-法律文书翻译The People’s Republic of ChinaHefei Intermediate People’s Court of Anhui ProvinceNotice to Produce EvidenceNo. XXXTo: AAAAccording to the Civil Procedural Law of the People’s Republic of China and the Severa l Provisions of the Supreme People's Court on Evidences for Civil Actions, you are responsible for producing evidences to prove the facts on which your claims are based or the facts on which the claims of the other party are rebutted.1. Y ou shall, as required by the Instructions for Producing Evidences of this Court submit evidence materials to this Court within thirty (30) days after the day of the receiving this notice.2. Evidences submitted by the parties to the people’s court shall be the origina ls, or copies or replicas checked and found in conformity with the originals by the people’s court. The submitted evidence materials shall be classified and numbered one by one. It is required to briefly describe the sources, facts to be proved and contents of the evidence materials. Copies shall be provided according to the number of the parties of the opposing side.3. Where it is really difficult for you to submit evidence materials within the evidence producing term, you may apply with this Court for extension before its expiration.4. Y our failure to submit evidence materials within the evidence producing term shall be deemed as waiver of the right to produce evidences. For the evidence materials not submitted on time, the people’s court won’t arra nge cross examination during trial, unless the other party agrees to cross examination.5. Where you intend to apply for authentication, increase or variation of the claims or file a counterclaim, you shall do the same prior to the expiration of the evidence producing term.6. Where you apply for appearance of a witness to testify, you shall file an application with this Court ten (10) days before expiration of the evidence producing term.7. Where an evidence provided by you has come into being outsi de the territory of the People’s Republic of China, such evidence shall be certified by a notarial authority of the country in which such evidence has come into being and certified by an embassy or consulate of the People’s Republic of China in that country, or it is required to perform the certifying procedures prescribed by related treaties between the People’s Republic of China and that country.Where an evidence provided by you has come into being in the region of Hong Kong, Macau or Taiwan, related certifying procedures shall be performed.Hefei Intermediate People’s Court of Anhui Province (seal)Date:举证通知书(中文版)×××人民法院举证通知书（××××）×××字第××号×××：根据《中华人民共和国民事诉讼法》和最高人民法院《关于民事诉讼证据的若干规定》，现将有关举证事项通知如下：一、当事人应当对自己提出的诉讼请求所依据的事实或者反驳对方诉讼请求所依?据的事实承担举证责任。
翻译材料 第6章 法律翻译
第六章法律翻译法律文献在用词和句子结构方面都有自己的特点。
法律语言自成体系，它要求用词准确、正规、鲜明，并有相当的专业用语。
掌握原语及译入语的上述特点，是翻译法律文件的根本。
法律文件的翻译最重要的一点是要遵循翻译的基本原则，翻译的关键在于理解，要读懂原文，然后做好语言的转换。
由于法律行文简洁、明了，言简意赅，在翻译时更要强调“重神似不重形似”，理解句子的深层含义，才能做好法律翻译。
法律文件翻译是法律语言的转换，要做到译入语准确无误地表达原语的真正含义，在用词上及句子结构上都必须做到“信”、“忠实”，体现法律文件的权威性。
翻译的准则是：重原语理解，重译入语正确。
1.词的理解与翻译做好法律文件的英译汉，对英语法律用词的理解是关键，在法律英语的词汇中有大量的hereafter, hereof, hereto, therein, thereof, thereto, whereas, whereby等词语，在翻译时只有弄清这些词汇的含义，译文才能准确。
1)The Attachments to this Contract shall be deemed a part hereof and shall be effective asany other provisions hereof.2)The United Nations shall establish under its authority an international trusteeship systemfor the administration and supervision of such territories as may be placed thereunder bysubsequent individual agreements. These territories are hereinafter referred to as trustterritories.3)The protection and promotion of the health of the inhabitants of the state are matters ofpublic concern and provision therefor shall be made by the state and by such itssubdivisions.4)notwithstanding; heretofore; hereafter2.词组的理解与翻译法律英语中同基础英语一样，也使用大量的短语与词组，而且要求使用正式用语。
英汉翻译教程第六章PPT
广告英语的翻译
• 总之，衡量广告翻译的优劣，主要看译文在多大 程度上体现了原文的宣传效果和表情、说服等功 能，多大程度上保留了原文的语言特色及神韵。 为此，翻译时选词上要力避生涩艰拗，造句上要 尽量简洁明快，修辞上要多保留原文辞格。译文 要注重整体把握，不为一词一句所限，要充分发 挥译者的主观能动性。此外，广告翻译还应充分 考虑中英两种语言间的文化差异。只有这样，才 能使译文体现原文的各项功能，为产品畅销打下 良好的基础。
商贸函电的翻译
• 下面是一份电传的主要部分及其参考译文： TKS F UR OFA BUT RGRTS UR PRICES TOO HIGH F OUR MKT， AS GDS OF JAPANESE MAKE WITH SimILAR DES R ON SALE HR AT MCH LOWER PRICES. IF U RDU UR PRICE BY 5PCT， V WL ODA 1000 SETS. PLS TAKE THIS MATTR INTO CONSIDERATION N RPL ASAP. RGDS.
商贸函电指经济贸易活动中的各类信函、电报、电传等。 其文体特征主要有： 1） 措词简洁明了。为使表达明晰，商贸函电在措词上力求 简明扼要，不太讲究修饰。 2） 用语正式庄重。正式庄重的语言常常显得诚恳、自然、 有礼貌，因此常用于商贸函电中。 3） 专业术语较多。如FOB（离岸价）、CIF （到岸价）、 settlement（理赔）、L/C（信用证）、AC（承兑）等。 4） 具有相对固定的格式。商贸函电格式相对固定，大体上 由以下六个部分组成： a. 信头（the heading） b. 信内地址（the inside address） c. 称呼（the salutation） d. 信文（the body） e. 结束语 （the complimentary close） f. 签名（the signature）
英译汉-文体翻译(2)法律
第六单元文体翻译第二节法律文体⏹法律文体：法律文体包括宪法、法律、行政法规、条例、条约、合同、协议、契约、保证书等等，是最为严谨、精确和正式的文体。
因为法令、契约等文书需要严格规定义务、权利、行为准则的涵义和范围，所以必须词义准确，文意确凿，丝毫不允许语义的模棱两可。
例：The option period shall be the period of 10 days starting from the 30th day after the execution of this Agreement.译：选择期为本合同执行之日30天后的10天。
改译：？一、法律文体的特点1、用词方面⏹专门术语——明晰性，专业性例：shall action serve⏹外来词语——庄重性，权威性例：estoppel alibi affidavit⏹古词旧词例：hereof whereby aforesaid例：1. He was awarded $500 damages for the injury he suffered in the accident.awarded: 判给damages: 损害赔偿2. The testator died with issue.testator: 立遗嘱的人issue: 子女3. Parties must wait for process to issue from the court.process: 传票2、句式方面⏹句子冗长例：Every person who, himself, is exercising ordinary care, has a right to assume that every other person will perform his duty and obey the law; and in the absence of reasonable cause for thinking otherwise, it is not negligence for such a person to fail to anticipate an accident which can be occasioned only by a violation of law or duty by another person.⏹结构复杂例：in accordance withpursuant tosubject to⏹代词很少⏹并列名词例：rules and regulations 规章制度duties and responsibility 职责heirs and devisees 继承人和遗嘱继承人the custody, charge or care 抚养、管教或照看⏹插入状语例：If I shall during the hearing: (a) make default …; or (b) do suffer or omit any act …又如：The Publisher may, if they think fit, decline to publish the Work.⏹被动语态3、格式方面⏹指称间接性⏹专有名词⏹标点符号少4、风格方面⏹严谨缜密⏹正式保守⏹客观冷峻⏹练习：1. The master or the any other person signing this agreement on behalf of the property to be salved is not authorized to make or give and the contractor shall not demand or take, any payment, draft or order for or on account of the remuneration.译文：为待救财产签订本协议，船长或其他人无权签发或给予任何现金、汇票或提款单作为酬金，承包人不得要求或接受上述酬金。
法律题材翻译
不在犯罪现场 善意 单方 人身保护令 有关…事宜 在其他事项中 法院地法 人均 本身 初步的，表面的 法定人数 越权行为 诉，对
法语
地役权 不可抗力 疏忽延误 留置权 诉讼 侵权 侵犯、闯入私人领地
easement force majeure laches lien suit tort trespass
alleged cause of action damages day in court due process of law issue of fact issue of law legal fiction material evidence plea bargain reasonable doubt reasonable man subrogation without prejudice
adequate due process excessive improper reasonable speed related sufficient unreasonable
适当的 正当程序 额外的 不适当的 合理的速度 相关的 足够的 不合理的
情态动词
may 旨在约定当事人的权利（可以做什么） shall约定当事人的义务（应当做什么） may not（或shall not）用于禁止性义务（不 得做什么）
前述的 前述的 特此 于此处 至此 尽管 根据 说（第三人称单数现在时） 其 即 为何，因此
拉丁语
Biblioteka alibi bona fide ex parte habeas corpus in re inter alia lex fori per capita per se prima facie quorum ultra vires versus
法律英语全文翻译
法律英语全文翻译（一）米兰达规则你有权保持沉默——米兰达规则在犯罪嫌疑人的权利方面，没有比米兰达诉亚利桑那州案更著名的了。
许多人视米兰达案为沃伦法庭正当程序判决中最为核心的一个案件。
这个案子牵涉到了在亚里桑那非尼克斯被捕的米兰达，他被控告绑架和强奸了一名年轻女子。
在警局总部被受害者指认他犯了罪。
经过两小时的讯问，米兰达承认被指控罪，并签了一份供诉状，法院据此给他定了罪。
在最终向美国最高法院的上诉中，法院作出一个对最近几十年的刑事审判都有极大深远影响的判决。
法院认定米兰达的罪名是不成立的，因为在警察局的整个审讯过程中并没有告知他权利以及提供法律顾问，用以征服审判者的个人判断。
法庭还说被提任何问题之前有权保持沉默，他所说的每一句话都可能在法庭上作为对他的不利证据，他有权请辩护律师出场，并且如果他请不起律师，如果他愿意，将在提问前为他指定一位律师。
在讯问过程中，必须告知他有机会去行使这些权利。
在警告做出和这些机会提供给他以后，他个人可以有意识地放弃这些权利并且同意回答问题或者做出供述。
但是除非这些告知和放弃的权利在审判中原告可以举证，否则任何讯问结果都不能用来对抗他。
为了确保当犯罪嫌疑人被捕时被及时告知了这些合理的建议，现在著名的米兰达权利应当在任何问题提出前宣读。
这些权利通常会出现在警察局的米兰达警告的卡片上。
18岁或18岁以上被拘留的人，在审问之前会被告知这些权利。
这些权利如下：1、你有权利保持沉默，你所说的一切都将可能成为法庭对你的不利证据。
2、你有权利和你的律师交谈，并且在被讯问时有权请你的律师在场。
3、如果你想在讯问前或讯问过程中请一位律师，但是你请不起一位律师，讯问前将会为你免费指派一位律师作为你的代理人。
4、如果你愿意在没有律师的情况下回答问题，你仍有权利随时停止回答提问。
（二）美国宪法序言我们美利坚合众国的人民，为了组织一个更完善的联邦，树立正义，保障国内的安宁，建立共同的国防，增进全民福利和确保我们自己及我们后代能安享自由带来的幸福，乃为美利坚合众国制定和确立这一部宪法。
Unit 6 ZERITSKY'S LAW课文翻译大学英语六
Unit 6 ZERITSKY'S LAWSomebody someday will make a study of the influence of animals on history. Among them, Mrs. Graham's cat should certainly be included in any such study. It has now been definitely established that the experiences of this cat led to the idea of quick-frozen people, which, in turn, led to the passage of Zeritsky's Law.We must go back to the files of the Los Angeles newspapers for 1950 to find the story. In brief, a Mrs. Fred C. Graham missed her pet cat on the same day that she put a good deal of food down in her home deep-freeze unit. She suspected no connection between the two events. The cat was not to be found until six days later, when its owner went to fetch something from the deepfreeze. Much as she loved her pet, we may imagine that she was more horror-than grief-stricken at her discovery. She lifted the little ice-encased body out of the deep--freeze and set it on the floor. Then she managed to run as far as the next door neighbor's house before fainting.Mrs. Graham became hysterical after she was revived, and it was several hours before she could be quieted enough to persuade anybody that she hadn't made up the whole thing. She prevailed upon her neighbor to go back to the house with her. In front of the deep-freeze they found a small pool of water, and a wet cat, busily licking itself. The neighbor subsequently told reporters that the cat was concentrating its licking on one of its hind legs, where some ice still remained, so that she, for one, believed the story.A follow-up dispatch, published a week later, reported that the cat was unharmed by the adventure. Further, Mrs. Graham was quoted as saying that the cat had had a large meal just before its disappearance; that as soon after its rescue as it had dried itself off, it took a long nap, precisely as it always did after a meal; and that it was not hungry again until evening. It was clear from the accounts that the life processes had been stopped dead in their tracks, and bad, after defrosting, resumed at exactly the point where they left off.Perhaps it is unfair to pull all the responsibility on one luckless cat. Had such a thing happened anywhere else in the country, it would have been talked about, believed by a few, disbelieved by most, and forgotten. But it happened in Los Angeles. There, and probably only there, the event was anything but forgotten; the principles it revealed became the basis of a hugely successful business.How shall we regard the Zeritsky Brothers? As archvillains or pioneers? In support of the latter view, it must be admitted that the spirit of inquiry and the willingness to risk the unknown were indisputably theirs. However, their pioneering -- if we agree to call it that -- was, equally indisputably, bound up with the quest for a fast buck.Some of their first clients paid as high as $15,000 for the initial freezing, and the exorbitant rate of $1,000 per year as a storage charge. The Zeritsky Brothers owned and managed one of the largest quick-freezing plants in the world, and it was their claim that converting the freezing equipment and storage facilities to accommodate humans was extremely expensive, hence the high rates.When the early clients who paid these rates were defrosted years later, and found other clients receiving the same services for as little as $3,000, they threatened a row and the Zeritskys made substantial refunds. By that time they could easily afford it, and since any publicity about their enterprise was unwelcome to them, all refunds were made without a whimper. $3,000 became the standard rate, with $100 per year the storage charge, and no charge for defrosting.The Zeritskys were businessmen, first and last. Anyone who had the fee could put himself away for whatever period of time he wished, and no questions asked, The ironclad rule was that full payment had to be made in advance.Criminals were the first to apply for quick-freezing, and formed the mainstay of the Zeritskys' business through the years. What more easy than to rob, hide the loot (except for that all-important advance payment), present yourself to the Zeritskys and remain in their admirable chambers for five or ten years, emerge to find the hue and cry long since died down and the crime forgotten, recover your haul and live out your life in luxury?Due to the shady character of most of their patrons, the Zeritskys kept all records by a system of numbers. Name never appeared on the books, and anonymity was guaranteed.Law enforcement agents, looking for fugitives from justice, found no way to break down this system, nor any law which they could interpret as making it illegal to quick-freeze. Perhaps the truth is that they did not search too diligently for a law that could be made to apply. As long as the Zeritskys kept things quiet and did not advertise or attract public attention, they could safely continue their bizarre business.City officials of Los Angeles, and particularly members of the police force, enjoyed a period of unparalleled prosperity. Lawyers and other experts who thought they were on the track of legal means by which to liquidate the Zeritsky empire found themselves suddenly able to buy a ranch or a yacht or both, and retire forever from the arduous task of earning a living.Even with a goodly part of the population of Los Angeles as permanent pensioners, the Zeritsky fortune grew to incredible proportions. By the time the Zeritsky Brothers died and left the business to their sons, it was a gold mine, and an inexhaustible one at that.Next to criminals, the majority of people who applied for quick-freezing seem to have been husbands or wives caught in insupportable marital situations. Their experiences were subsequently written up in the confession magazines. It was usually the husband who fled to Los Angeles and incarcerated himself for an appropriate number of years, at the end of which time his unamiable spouse would have died or made other arrangements. If we can believe the magazines, this scheme worked out very well in most cases.The sins of the fathers may be visited on the sons, but how often we see repeated the old familiar pattern of the sons destroying the lifework of the fathers! The Zeritsky Brothers were fanatically meticulous. They supervised every detail of their operations, and kept their records with an elaborate system of checks and doublechecks. They were shrewd enough to realize that complete dependability was essential to their business. A satisfied Zeritsky client was a silent client. One dissatisfied client would be enough to blow the business apart.The sons, in their greed, over-expanded to the point where they could not, even among the four of them, personally supervise each and every detail. A fatal mistake was bound to occur sooner or later. When it did, the victim broadcast his grievance to the world.The story appeared in a national magazine, every copy of which was sold an hour after it appeared on the stands. Under the title They Put the Freeze on Me! John A. Monahan told his tragic tale. At the age of 37, he had fallen desperately in love with a girl of 16. She was immature and frivolous and wanted to "play around" a little more before she settled down."She told me," he wrote, "to come back in five years, and that stared me thinking. In five year I'd be 42, and what would a girl of 21 want with a man twice as old as her?"John Monahan moved in circles where the work of the Zeritskys was well known. Not only did he see an opportunity of being still only 37 when his darling reached 21, but he foresaw a painless way of passing the years which he must endure without her. Accordingly, he presented himself for the deep-freeze, paid his $3000 and the $500 storage charge in advance, and left, he claimed, "written instructions to let me out in five years, so there'd he no mistakes."Nobody knows how the slip happened, but somehow John A. Monahan, or rather the number assigned to him, was entered on the books for 25 years instead of five years. Upon being defrosted, and discovering that a quarter of a century had elapsed, his rage was awesome. Along with everything else, his love for his sweetheart had been perfectlypreserved, but she had given up waiting for him and was a happy mother of two boys and six girls.Monahan's accusation that the Zeritskys had "ruined his life" may be taken with a grain of salt. He was still a young man, and the rumor that he got a hundred thousand for the magazine rights to his story was true.As most readers are aware, what has come to be known as "Zeritsky's law" was passed by Congress and signed by the President three days after Monahan's story broke.Seventy-five years after Mrs. Graham's cat feel into the freezer, it became the law of the land that the mandatory penalty for anyone applying quick-freezing methods to any living thing, human or animal, was death. Also, all quick-frozen people were to be defrosted immediately.Los Angeles papers reported that beginning on the day Monahan's story appeared, men by the thousands poured into the city. They continued to come, choking every available means of transport, for the next two days -- until, that is, Zerisky's Law went through.When we consider the date, and remember that due to the gravity of the international situation, a bill had just been passed drafting all men from 16 to 60, we realize why Congress had to act.The Zeritskys, of course, were among the first to be taken. Because of their experience, they were put in charge of a military warehouse for dehydrated foods, and warned not to get any ideas for a new business.齐里茨基法总有一天会有人去研究动物对历史的影响。
美国宪法-英文原版带中文翻译
The Federal Convention convened in the State House (Independence Hall) in Philadelphia on May 14, 1787, to revise the Articles of Confederation. Because the delegations from only two states were at first present, the members adjourned from day to day until a quorum of seven states was obtained on May 25. Through discussion and debate it became clear by mid-June that, rather than amend the existing
还规定了对于修正案的唯一限制：在未经各州同意之前，任何修正案 都不能剥夺各州在参议院的平等代表席位。
与许多国家的宪法不同，美国宪法的修正案并不对宪法本文进行修 改，而是在宪法后进行附加。即使宪法的原文显得过时或者应该被废 止，但仍然不能被直接删除或者修改。
[编辑] 联邦权力
主条目：美国宪法第六章
宪法第六章规定了宪法本身和联邦政府制定的法律以及签订的条约 在全国范围内具有最高权威。同时，宪法也确认了根据邦联条例而发 行的国债，还要求所有立法、行政、司法机关要宣誓维护宪法的地位。
[编辑] 各州权力和限制
主条目：美国宪法第四章
宪法第四章规定了各州与联邦政府之间以及各州之间的关系。例如，
宪法规定，各州政府要完全尊重和充分信赖其他州的法令、记录和司
法程序。国会有权调整各州承认上述文件效力的程序。“特权和免责
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完整句
In the Contract（as hereinafter defined）the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires: 1.1 "Employer" means the person named as such in this contract and the legal successors in title to such person, but not （except with the consent of the Contractor） any assignee of such person. 1.2 "Contractor" means the person whose tender has been accepted by the Employer and the legal successors in title to such person but not （except with the consent of the Employer） any assignee of such person. 1.3 "Subcontractor" means any person named in the Contract as a Subcontractor for a part of the Works or any person to whom a part of the Works has been subcontracted with the consent of the Engineer and the legal successors in title to such person, but not any assignee of any such person. …
不在犯罪现场 善意 单方 人身保护令 有关…事宜 在其他事项中 法院地法 人均 本身 初步的，表面的 法定人数 越权行为 诉，对
法语
地役权 不可抗力 疏忽延误 留置权 诉讼 侵权 侵犯、闯入私人领地
easement force majeure laches lien suit tort trespass
前述的 前述的 特此 于此处 至此 尽管 根据 说（第三人称单数现在时） 其 即 为何，因此
拉丁语
alibi bona fide ex parte habeas corpus in re inter alia lex fori per capita per se prima facie quorum ultra vires versus
长句
The context for the purpose of the interpretation of a treaty shall comprise in addition to the text， including its preamble and annexes； （a） any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty； （b） any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.
法律英语的篇章特征
程式化 规范化
法律英语文本的翻译
信、达、雅 vs.忠实 直译法 vs.诠释法
词的翻译
准确性 同一性
英翻中：把握准确性
专业用语的翻译 复合副词的翻译 配对词和三连词的翻译 模糊用语的翻译
专业用语的翻译
例1：The Directors may exercise all the powers of the Company to borrow money and to mortgage or charge its undertaking, property and uncalled capital，or any part thereof， and subject to Section 80 of the Company Act, to issue and create mortgages, charges, memoranda of deposits, debentures, debenture stock and other securities whether outright or as security for any debts, liability or obligation of the Company or any third party． uncalled capital是“未收资本”，mortgage是“按揭”，charge 是“抵押”，memorandum of deposit是“存放单”， debenture是“债券”，debenture stock是“公司债券”， securities是“证券”。
adequate due process excessive improper reasonable speed related sufficient unreasonable
适当的 正当程序 额外的 不适当的 合理的速度 相关的 足够的 不合理的
情态动词
may 旨在约定当事人的权利（可以做什么） shall约定当事人的义务（应当做什么） may not（或shall not）用于禁止性义务（不 得做什么）
alleged cause of action damages day in court due process of law issue of fact issue of law legal fiction material evidence plea bargain reasonable doubt reasonable man subrogation without prejudice
have, hold and possess last will and testament mentioned or referred to modified and changed obey, observe and comply with right, title and interest save and except true and correct void and of no effect within and under the terms of
第六章 法律题材翻译
法律题材文本特点
法律英语的词汇特征 一、古英语和中世纪英语 二、拉丁语和法语 三、法律术语和行话 四、具有法律意义的常用词 五、同义词或近义词的并列 六、准确性词语和模糊性词语 七、情态动词
古英语词语
aforementioned foregoing hereby herein hereto notwithstanding pursuant to saith thereof to wit wherefore
被动句
The validity of an arbitration clause or an arbitration agreement shall not be affected by the modification， rescission，termination，invalidity，revocation or non-existence of the contract. Adequate food and refreshment will be supplied free. You are not entitled to receive from outside anything except the basic necessities of clothing. However you may, if you request, be permitted at your own expense to have food from outside to be brought to you subject to inspection.
常见的法律术语
clause decree draft law enforcement legislation offender specific performance will
条款 法令
法案，草案 法律的实施
立法 罪犯 实际履行 遗嘱
常见的法律行话
具有法律意义的常用词 一般意义
行动 简短的，简洁的 建设 发现 运动 练习，实践 安全 服务
法律意义 诉讼 案情说明书 （法律）解释 判决，裁定 动议 诉讼程序，诉讼实务 抵押品，担保品 送达（传票）
同义词或近义词的并列
acknowledge and confess authorize, direct and empower business, enterprise and undertaking by and with cancel, annul and set aside cease and come to an end cease and terminate final and conclusive for and on behalf of give and grant