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基于功能对等理论的法律英语汉译技巧研究
A Study on Chinese Translation Skills of Legal English based on Functional Equivalence Theory

法律术语具有程式化特征，具有严密的逻辑性和模糊的内容。而法律条款不容易被外行人掌握，但它能准确表达法律概念不引起歧义。法律英语的特点决定了法律英语翻译有其独特的问题和困难。同时，法律英语翻译要求等信息的完整和准确的传播权利，义务，责任和利益，法律翻译具有法律效力，其正确性不仅影响了法的使用甚至法律的公正，也影响了国际交流与合作。然而，在实践中，许多法律翻译工作者忽视了法律英语的独特性，没有形成一套法律英语翻译的理论和原则来指导法律英语的实践。本研究旨在结合典型案例，从功能对等的角度研究法律英语的翻译，以提高法律文本的翻译质量，指导法律文本的翻译。

1.0 Introduction 简介

Legal terms have stylized features, it has rigorous logic and obscure content. While legal terms are not easy to be grasped by a layman, but it can accurately express the concept of law without causing ambiguity (Sarcevic, 1997). Characteristics of legal English determine that legal English translation has its own unique problems and difficulties (Donat and Candel-Mora, 2015). At the same time, legal English translation requires the complete and accurate transmission of information such as rights, obligations, responsibilities and interests, and legal translation has a legal effect, its correctness not only affects the use of the law and even the justice of laws, but also affects international exchanges and cooperation (Sun, 2003). However, in practice, many legal translation practitioners ignore the uniqueness of legal English and do not form a set of theories and principles of legal English translation to guide the practice of legal English (He, 2004, Xiang, 2011, Yu, 2015). This study aims to combine with typical cases to study the translation of legal English from the perspective of functional equivalence in order to improve the quality of translation of legal texts and guide the translation of specific legal texts.

2.0 Literature review 文献综述

Legal translation is not a simple process of replacing the concepts and institutions in the original legal systems with the concepts and institutions in a target language, but a double transfer process including language transfer and 1egal transfer (Sarcevic, 1997). Scholars at home and abroad have put forward different opinions on legal English translation (Nida and Waard, 1986; Snell-Hornby, 1988; He, 2004, Xiang, 2011, Yu, 2015).
2.1 International research situation and development
Nida has proposed the translation principle of dynamic equivalence, which considers that a translator should focus on the meaning and spirit of an original text and should not rigidly adhere to the linguistic structure of the original text (Nida and Waard, 1986). Snell-Hornby (1988) supplements Nida’s theory and brings forward that dynamic equivalence of translation is not only the equivalence of information content, but also formal equivalence as much as possible. Nida (1991) further perfects Snell-Hornby’s dynamic equivalence theory and puts forward functional equivalence' theory, which emphasizes that legal English translation is not a simple equivalence of literal form, nor is it an expression of literal meaning, but emphasizing the equivalence of legal functions and emphasizing that a reader’s response to the translated information and the reader's response to the information of the original text are basically the same (Statham, 2003). Nida's functional equivalence theory has more flexible application than other translation theories, and people can achieve the purpose of functional equivalence by using the tool to reconstruct the original form and semantic structure (Ahiamadu, 2006; De Blois, 1997).