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2.1 Previous Studies on Legal Term Translation at Home

Compared with active research abroad, the first serious discussions and analyses of legal term translation at home spontaneously emerged during the 1990s due to the urgent need of legal transmission. As a pioneer in this field, Qiu (2000) first puts forward following five principles in translating legal documents: the principle of preciseness, the principle of conciseness, the principle of term consistency, the principle of using legal terms, and the principle of using formal words and expressions, all of which has laid a solid theoretical foundation for this research. As for the principle of term consistency, however, Qiu fails to put forward systematic and feasible methods to keep translated terms consistent.

In view of the existing problems arisen from the translation of legal documents in China today, Li and Zhang (2006) propose six principles of legal translation: accuracy and precision, consistency and identity, clarity and concision, professionalism, standardized language, and team work in their co-written book Legal Texts and Legal Translation. Nevertheless, it is a pity that the book is unable to explain how to translate terms in detail. 

2.2 Previous Studies on Legal Term Translation Abroad

Legal translation is inseparable from legal writing. Henry Weihofen (1980) points out in his landmark book Legal Writing Style that legal writing should obey five principles, namely, precision, conciseness, simplicity, clarity, and forcefulness. The precision of legal language often requires legal translators and interpreters to use the same term when expressing the same idea (Weihofen, 1980: 16). As a matter of fact, quite a few sentences in legal documents are simply spoiled by trying to avoid repetition. 

Henry Weihofen mentions two major points under the principle of precision: choose the right word and don’t be afraid to repeat the right word, which are exactly the problems discussed in chapter 4.1 and chapter 4.3. However, the book is unable to specify how to choose the right word, which will be the focus of this thesis.

As a well-known western legal translation theorist and practitioner, Susan Šarčević (1997) puts forward four major points in legal translation in her book New Approach to Legal Translation: (1) legal translation is an act of communication within the mechanism of the law, (2) legal translators do not play the double role of text receiver and text producer, (3) the function of source language has a pivotal role in determining legal translation strategy, and (4) the theory of legal term translation。

Chapter Three  Theoretical Framework ..................................... 13

3.1 Liu Fagong’s Legal Translation Theoretical Points ........................... 13

3.1.1 A Fixed Legal Term for a Fixed Legal Concept ............................... 13

3.1.2 Adopting Existing Terms in Target Language ...................... 14

Chapter Four  Problems of C-E Translated Legal Terms in Civil Procedure Law ........ 19

4.1 Failing to Match Concepts of Chinese Terms Due to Misunderstanding Legal Meanings ................................... 19

4.1.1 Non-Matching of Concepts Due to Misunderstanding Legal M本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。