A Study on Chinese Translation Skills of Legal English based on Functional Equivalence Theory基于功能對等理論的法律英語漢譯技巧研究
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)). 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文獻綜述
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.
2.1International research situation and development國際研究現狀與發展
奈達提出了動態對等的翻譯原則，認為翻譯應該關注原文的意義和精神，不應該嚴格遵守原文的語言結構（Nida和Waard，1986）。 Snell-Hornby（1988）補充了奈達的理論，并提出翻譯的動態對等不僅是信息內容的等價，而且是盡可能多的形式對等。 Nida（1991）進一步完善了Snell-Hornby的動態對等理論并提出了功能對等“理論，強調法律英語翻譯不是文字形式的簡單對等，也不是字面意義的表達，而是強調法律的等同性。功能和強調讀者對翻譯信息的反應和讀者對原文信息的反應基本相同（Nida，1991）。奈達的功能對等理論比其他翻譯理論具有更靈活的應用，人們可以實現通過使用工具重建原始形式和語義結構來實現功能等同的目的。
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 (Nida, 1991). 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.
2.2 Domestic research situation and development
Sun (2003) points out from the perspective of functional equivalence that the particularity of legal texts, the authority, dignity and accuracy of legal language determine the accuracy and faithfulness of translation in the process of translation, so he advocates that literal translation of word by word is the most preferable. Du (2004) analyzes the applications of functional equivalence principle and finds specific implementation principles, he thinks that legal English translation should follow the three principles: "principle of language deferring to law", "principle of tolerance for difference and pursuit of concord" and "principle of contrast and complement". Xiang (2011) argues that it is difficult to find a completely equivalent sentence in English that can express the same connotation. He advocates the use of a method of "hit-and-break" to transform the deep structure of a source language into the surface structure of a target language, making translation more acceptable to the target readers. Yu (2015) figures that due to the differences between Chinese and English cultures, in the process of legal translation, to implement the functional equivalence of translation strategies, it must eliminate the difficulties brought about by cultural differences, he advocates changing the form of vocabulary to eliminate cultural differences.
This study will discuss legal English translation from three aspects: discourse, vocabulary and syntax.
This thesis will make use of a qualitative research method, first of all, it is through literatures to review theories on functional equivalence to lay the theoretical foundation for this study. Then specific legal texts will be taken as research objects of case study, from three perspectives: discourse, vocabulary, syntax to explore legal English translation.
4. Anticipated outcome
In this these, the author will discuss how to improve the quality of legal English translation by using functional equivalence theory. The conclusion of this study will be helpful for of legal English translators to improve translation skills and explore the effective translation principles and methods of legal English translation.
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