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1、The Translation and Study of Diction in Chinese & English Merchandise ContractAbstract:With the economic globalization, global commerce has more and more development. Well then, the contract which is formed within legal procedure to stipulate droit and obligation, becomes more and more important. Co
2、ntract is the written result of parties arranging accordant, both of parties should comuse the clauses strictly. However, it is common that dissensions break out between the parties due to the branching in catching on the documents. Whats more, the vague diction of documents is easily imposed by bad
3、man to weasel out, and do commercial chicane indeed. In fact, these cases are common occurance, and have a negative effect on external trade. Though, the exact translation has a special signification to commercial contract. Key words: technical terms; formal term; juxtaposition of synonym; translati
4、on skills对中英商务合同用语的翻译及研究摘要：交际目的是构成话语范围的主要因素,不同的交际目的要求使用不同的文体,不同的文体具有不同的特征。商务英语与文学英语不同, 是一种实用性很强的功能语体, 商务合同英语在其长期的使用过程中,形成了鲜明的文体特征。它具有准确、简洁、清晰、严谨、规范等独特的文体特征。因此, 如何准确、顺达地进行商务合同英汉互译, 使源语的思想内容、语体风格等在目的语中再现, 是一个值得研究和探讨的课题。关键词：专业术语；正式用语；词语并列；翻译技巧；翻译规则CONTENTS1. Introduction 12. Merchadise Contract and its
5、 Characteristics in Terminology.2 2.1 The use of “shall,may,must,may not”2 2.2 The formal term.3 2.3 The technical term.32.4 Juxtaposition of synonym.33. Merchandise Contract and its Style in Syntax.4 3.1 The difference between English merchandise contract and ordinary English.4 3.2 The main points
6、of contracts drafting.54. Summary of English Documents Translations.64.1 Standards of documents translation.4.2 Policy of documents translation68Conclusion.11References.12I. IntroductionWith the economic globalization, global commerce has more and more development. Well then, the contract which is f
7、ormed within legal procedure to stipulate the droits and obligations, becomes more and more important. Contract is the written result of parties arranging accordant, both of parties should comuse the clauses strictly. However, it is common that dissensions break out between the parties due to the br
8、anching in catching on the documents. Whats more, the vague diction of documents is easily imposed by badman to weasel out, and do commercial chicane indeed. In fact, this case are common occurance, and have a negative effect on external trade. Though, the exact translation has a special significati
9、on to commercial contract.Different purpose of communion requires different article style, different article style has different characteristic. Unlike traditionary English, English merchandise contract is a type of writing with strong functionality. In long terms using, English merchandise contract
10、 have formed some vivid characteristics. There are accurate, laconic, legible, religious, and canonical. So, how to translate English to Chinese or Chinese to English accurately revives the ideology and style of original text , is a question worth probing into and studying.Merchandise Contract is en
11、dorsed by the each side of combined management upon the droit and obligation in order to set up a combined management corporation. Contracts are the basal legal documents of a combined management corporation, and is the rule of the each side of the combined management corporation. Contracts are the
12、legal gist of solving financial dissension, intermediation and lawsuit. Though it must be prudential in endorsing or translating contracts. There is a Chinese foreign trade company compensates 2 million dollars instead of geting 2 million from its foreign business partner. There is another example,
13、a publishing company makes a misinterpretation that “this power plant makes 5. 9 m egaw at hour per year(original text is 59 m egaw at hour per year)”,when translating advertisements for a corporation. Such homologous misinterpretations can be found everywhere, for most translators, it must be pay m
14、ore attention to.Moreover，a contract in good quality pays much attention to the action of words in expression. The comprehension of word is the basic of the comprehension of sentence even the translation. It is knowable that the accuracy of selecting words is a much important step in translating con
15、tract. No other than apprehending and choosing accurately, we can revive the original text. Due to multifarious reasons, there are lots of mistakes in external documents translation. This mistakes not only present to foreign trade co-operations, but also are common occurance in some books published
16、recently. How to avoid this mistakes and enhance the quality of documents translations is a problem wroth pondering over. With the development of external economic intercommunion, the international merchandise contract becomes more and more popular. Peoplepay more attention to the studies of merchan
17、dise document language. The particularity of the legal language which contains the international merchandise contract language, determines this kind of language has much differentia compared with other kinds of languages, such as technological language, Administrivia language and literary language.S
18、cholars from home and abroad have studied this topic already, and the production is also considerable. In the semantic degree, Mr. Ji Guangyu indicates five characteristics of English merchandise contract, there are technical term, archaism, loan word, the juxtaposition of phrase and the usage of “s
19、hall”. Miss. KangShumin figures the English merchandise contract knows from other kinds of language in the writing specification and pattern. The contact English should be precise in phraseology and normative in writing. In the lexical degree, some other scholars have already studied this topic. Mr.
20、 MaXiaofeng points out that the style of English legal document determines the limits and requirements of the usage of phrases. It requires the canonical written phrases, the usage of phrases must be exact, and should use the direct meaning. Henry Weihofen figures that in his book “West Law”, precis
21、ion usually requires to express repeatedly the same term of the same concept. If it is accurate, do not be afraid of using repeatedly the same phrase. Trying to avoid iterance leads more sentence inaccurate, while the iterance will not.Besides referring to correlative publications, I find that there
22、 are not so many publications or articles studying merchandise contract. Some books refer to this discussion appreciably, but they are not general and elaborate. The translation of merchandise contract is a religious course, it needs all-sided study. II. Merchandise Contract and its Characteristics
23、in Terminology Legal documents used to be hand-written in one compact mass. Sentences were very long and often the whole documents were constructed as a single continuous sentence. The reason for unbroken lines from margin may be to leave no space for fraudulent addition(孙萍，2004:67).Modern documents
24、 often have enough blank space which make alteration and addition easier than they used to be. Chinese documents usually first set out the partys name, family name address or working place, then paint the text, finally is the partys seal, the ideograph of authority commissary, duty and date.However,
25、 English documents start as follow format:“This contract/agreement is made/entered into this _th da _(month),_(year) by and between A,_(hereinafter referred to as “Party A”) _ and B, _( hereinafter referred to as “Party B”)”Then, the statement follows this format:Now therefor the mutual covenants an
26、d agreement contained herein, the parties hereby covenant and agree as follows:Next is the text, at the last is testimonial, as such formatIN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written(吕昊 刘显正 罗萍，2003:52)In English merchandise contract, the
27、choose of words should be tarnal dainty, it requires professional, formal, accurate. It can be incarnated in this four ways follows.2.1 The use of “shall, may, must, may not”The four words are too familiar with the people who have learned English. However, in the English merchandise contract they mu
28、st be used discreetly. The stipulation of droit and obligation makes up of the main body of contract. This four words should be used utterly veracious. The inaccurate usage just as embed a time bomb in the contract. “Shall, may, must, may not” decide the party respectively the rights(what can be don
29、e), the obligation(what should be done),the coercive obligation(what must be done) and the inhibitive obligation( what can not be done). In English the commonly expression is “may do(rather than “can do”),shall do(rather than “should do” and “ought to do”), must do and may not do”.2.2 The formal ter
30、mEnglish merchandise contract permeates a mood of dignified and seriousness, which is widely divergent with other English works. Such as:Use more “by virtue of” than “due to”, never use “because of”.Take “as regards, with regard, to concerning, relating to” instead of “about”.It would be better to u
31、se “in effect”, rather than “in fact”.It takes “cease to do” instead of “stop to do” in expressing the meaning of “停止做”.“何时开会并且由谁主持”,the English merchandise contract expresses as “ The meeting shall be convened and presided by somebody.” In that case, “召开” use the phrase of convene”, rather than “ho
32、ld/call”; never use “chair” or “ be in charge of” etc. ordinary English phrases, the English merchandise contract prefer to use “ preside”.Use “ miscellaneous” instead of “other matters/events” to express the meaning of “其他事项” .2.3 The technical termsTechnical terms are only used in legal documents
33、such as contracts. They are guarantee of the exact expression in contract words and also the particular phenomenon in legal words. The terms “瑕疵，救济，不可抗力，管辖，损毁、灭失” in the Chinese contract are impenetrable to the laypeople. 2.4 Juxtaposition of synonymThe juxtaposition of synonym in English merchandis
34、e contract is due to the preciseness of the documents for one side, the pattern of English merchandise contract for another side. However, in English contract, besides the above-mentioned four technical substantive, nearly every contract includes the “hereinafter referred to as”, “whereas”, “in witn
35、ess whereof”, “for and on behalf of”, “hereby”, “thereof” empty word appropriative expressions. This is one main characteristic in English contract. III. Merchandise Contract and Its Style in Syntax3.1 The difference between English merchandise contract and ordinary English Based on sentence configu
36、ration, English merchandise contract has some other characteristics. Documents seldom express with simple sentence, they would rather use numerous attributive subordinate clauses, adverbial subordinate clauses or the juxtaposition of phrase or vocabulary. It is common to find a fill stop over more t
37、han ten rows in a legal document. So we can get a conclusion that sentences in English merchandise contract are intricate and lengthiness. The reason is the documents writers expect one sentence can contain information as much as possible, while the information should be precise and integrated. And
38、they also expect what they write are hardly to misinterpret and leave no an opportunity given by. Though, they cannot but use complicated sentences.Inserting and transposing phrases or subordinate clauses makes the orders of sentences capriccioso. This is another characteristic of English merchandis
39、e contract. Compared to ordinary English, English merchandise contract is accustomed to insert adverbial modifier, attribute into the position that between the subject and predicate or between the predicate and object. The ordinary English usually express in this way:“Applicant should go through ind
40、ustrial and commercial registration within 30 days up receipt of notice of approval from competent authority”.But English merchandise contract is conditioned to express as:“Applicant, within 30days upon receipt of notice of approval from competent authority, shall go through industrial and commercia
41、l registration”. The documents writers generally expect the numbers of sentences in contract are as few as possible, and the information contained by sentences is as abundant as possible. However, the most of sentence of English merchandise contract itself is too long, while, the overfull using subo
42、rdinate clauses is a taboo in English expression. So they replace phrase to subordinate clause regularly, which is the third feature of English merchandise contract. Writing in this way can not only incarnate the integrity and exactitude of legal documents, but also avoid sentence structure looks in
43、compact. There is an example:Any disputes or difference between the parties hereto arising during the period of this Contract or any time thereafter relating to the meaning or effects or rights or liabilities of the parties hereto or any matter arising out of same shall be referred to a single arbit
44、rator to be nominated between the parties hereto by the president for the time being of the China Maritime Arbitration Commission. There are references to “somebody can not do something” or “something is forbidden in any cases” regularly. In English merchandise contract, we refer to something negati
45、ve in two ways. First is to put the negative word in front of model verb or auxiliary word, so as to form a statement; second is to put the negative word in the front of the sentence, then to transpose the model verb or auxiliary word to the subject, so as to form a hyperbaton. However, in generally
46、, we are used to making use of the second method when dealing with sentence with negative word. There is an example:Neither party will be liable to the other for any default hereunder if such default is caused by an event beyond such partys control, including without limitation acts or failure to ac
47、t of the other party, strikes or labor disputes, component shortages, unavailability of transportation, flood, fires, governmental requirements and acts of GOD (a Force Majeure Event).3.2 The main points of contracts draftingIt is mentioned in the Contract Law (Catherine Tay swee Kian and Tang See Chin) that, “In drafting contracts, it is advisable to draft the document in language that is precise and technical t
