the-translation-strategies-of-english-business-contracts--商务英语本科学位论文.doc

IntroductionNowadays, with the economic globalization and Chinas entry into the WTO the economic communications between China and many Western countries have been more frequently than ever before. At the same time, the rapid development of economy brings great opportunities to a large number of Chinese to have contact with foreigners. In recent years, an increasing number of foreign enterprises flood into China to have cooperation with Chinese. Meanwhile many Chinese businessmen expand their product to the foreign market. English as an indispensable language tool helps culture exchange between different countries. And business English, a special language, with its purpose of business function has been an indispensable element in the international trade. During the international trade, the most important part is to reach an agreement, which in other words called business contracts. May be most of people can not really understand the business contracts. The business contracts are written in business English for its special functions and purposes. Business contracts are a legal document which is used to stipulate the duties and obligations of the two or more parties who are involved. It is a special style of English. To be legally binding contracts must contain four essential elements. These four elements are: offer; acceptance; intention of legal consequences; and consideration. The four essential elements of contracts can be briefly explained as follows; a contract is formed when one party makes an offer and that offer is accepted by another party for an exchange of some benefit or something of value by the parties (this is the consideration element). The intention of the parties is that they are legally bound by the contracts.More and more English-majored students want to find a position in foreign companies, so handling business contracts well is very important. A good translation of English is also very important. It is known that business contracts are written in business English. And business contracts are usually regarded as the most formal English style, the frozen style. Chapter 1 General Introduction of Business Contracts1.1 Concept of business contractsMaybe most of us just think contracts as a piece of agreement to build up the relationships between businessmen, but feel ambiguity that what function does it have, what content in it and how many kinds of contracts existed?So before going on a translation of business contracts, to know the back ground of a contract is very important. It is obvious that knowing contracts well is the first and primary step to make a good translation of a business contracts. Here I would give you a general introduction of contracts.  According to the New Encyclopedia Britannica, “A contracts, in the simplest definition, is a promise enforceable by law. The promise may be to do something or to refrain from doing something. The making of contracts requires the mutual assent of two or more persons, one of them ordinarily making an offer and another accepting. If one of the parties fails to keep the promise, the other is entail to legal recourse against him. The law of contracts has to do with such questions as whether a contract exists, what the meaning of it is, whether a contracts has been broken, and what compensation is due the injured party.”For domestic trade and according to the Chinas Laws, laying stress on the functions is much more obvious. “A contract refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations.”1According to Law Dictionary by Steven H. Gifts, contracts is defined as a promise, or a set of promises, for breach of which the law gives remedy, or the performance of which the law in some way recognizes as a duty. From the above definitions, we can easily figure out that there are two key words linking the business contracts, agreement and legal. Only when the two or maybe more parties involved reach an agreement will they be willing to establish contracts, which include the price, payment, and shipment terms. And certainly the contracts will be effectual only when all the terms are legal. And function of business contracts is outlining an agreement, establishing the terms and conditions, explaining the consequences of breach, legalize the contracts. It is widely accepted that a business contracts is called a contracts, where we can get a brief knowledge about the agreements that are written on the basic of relevant laws to elaborate on the rights and obligations of the parties referred in the contracts, and between enterprises or other economic organizations of China and foreign enterprises, or organizations. So in a word, we can say that agreement and being legal are the basic conditions of establishing a business contracts.1.2 Categories of business contractsAccording to the different duties and obligations provided in contracts, there exist quite a large number of international business contracts. The international business contracts can be divided into the following categories: Contracts for International Sale of Goods; Contracts for International Technology transfer; Contracts for Sino-foreign Joint Ventures; Contracts for Sino-foreign Contractual Joint Ventures; Contracts for International Engineering Projects; Contracts for Compensation Trade; Contracts for Sino-foreign Cooperative Development of Natural Resources ; Contracts for Foreign Labor Services; Contracts for International Leasing Affairs; Contracts for Sino-foreign Credits and Loans; Contracts for International Build-Operate-Transfer and so on.1.3 Structure of business contractsWhen translating a source language, figuring out the style of the source language is the first step we should go. And we know that the structure of business contracts is very special for its business function and purpose.Usually, a contracts is divided into three parts: preamble, main body, and final clauses.The first part is preamble. The contents of preamble contains: the corporate or personal names of the Parties, business scope, principal places of business or residential address, date and place.The second part is main body. The main body of the business contracts is: the technical conditions, quality, standards, specifications and quantities of the object of the contracts; time limit, place and method of performance, etc.The third part is final clauses. Final clauses need to own: corporate seals and signatures, etc. Usually, the final clause ended with fixed expression, like this:This contract is made out in two signatures, each copy written in Chinese and English languages, both text being valid. In case of any divergence of interpretation, the Chinese text shall prevail.Chapter 2 The Linguistic Features of Business ContractsAs we know, business English is special kind of English which is used widely to build up business relations .Its special linguistic features can convey its information clearly to business partners than any other language styles.2.1 The lexical features As we know, business English as a special kind of English used in international trade has its own features in lexicon and sentence, especially in business contracts. The words in the contracts are very different from our daily days. It is a legal and formal document. From a lot of business contracts, we can easily find out that there are five kinds of words easily seen in business contracts: formal written words, archaic words, loan words, technical terms, and abbreviations Hereby the most popular vocabulary remaining in a business contracts can be divided into some certain categories as follow:2.1.1 Formal written wordsFormal language shows that it is a special occasion, quite different from ordinary discourse. One of the characters in contracts lexicon is formal language. Compared with general English, English for business contracts is very formal. We can find out that a lot of formal words are rarely used in general English, but used quite often in English for business contracts. Here we list just a small sampling: Informal words Formal wordsbuy purchasehelp assistmake renderwish desirework functionend terminatestart initiatego proceedbefore prior toproduce manufactureAs a matter of fact, the application of these formal words will help to establish its legality. And it is obvious that it is much better for us to use “in accordance with” instead of “according to”, isnt it? This kind of formal terms occupies a large proportion in contracts lexicon, such as be liable for, provided that, unless otherwise, be deemed to, in the event that, in the case where and so on.Here are two examples:(1) If the contracts can not come into effect within six months after the date of signing the contracts, both parties shall have the right to terminate the contracts.2(2) In case the contracts can not come into force within six months after the date of signing the contracts, the contracts shall become null and void and binding neither to party A nor to party B.3译文：倘若合同无法在签订之后的六个月内生效的话，当事方有权终止该合同。From the above two examples, we can see that both of the two sentences are conveying the same idea. But the words used in Example 2 are much more formal than those in Example 1, after comparing these two sentences we can easily find out that Example 2 is much better than Example 1 both in words and presentation, which is just the impact of using formal words.2.1.2 Massive use of archaic wordsTalking about the lexical feature of a business contracts, the frequent uses of archaic words may be the one important. In order to pretext a professional monopoly, you can lock the trade secrets in the safe of an unknown tongue. While the legalese is the way of meeting needs. In fact, as a piece of document conveying some legal terms and clauses, the regularity of business contracts also be set up in the usage of some legal terminology or the words with the legal features, such as in fringement, now therefore, in witness where of and so on. The archaic words used in business contracts can be divided into three sorts:The first sort is the use of “here + preposition”. Such as hereafter, in Chinese it means 从此以后，今后; hereby , in Chinese it means 兹，特此; hereof , in Chinese it means 本，此; hereto in Chinese it means 到这里，至此; herewith, in Chinese it means用此方法; hereupon, in Chinese it means 于是，关于这个 and so on. In fact they are the meanings of after this, by this, of this, to this, with this, upon this.The second sort is the use of “there + proposition”. Such as thereafter , in Chinese it means 其后; thereby, in Chinese it means 因此，从而; thereto, in Chinese it means此外，另外; thereof , in Chinese it means 关于那事，关于那物; therefore, in Chinese it means为此，因此and so on. In fact they are the meanings of after that, by that, to that, of that, and for that.The third sort is the use of “where + preposition”. Such as whereas , in Chinese it means 然而，鉴于; wherein, in Chinese it means在其中，在何处; whereby , in Chinese it means 凭什么，靠那个; whereof, in Chinese it means 关于那事; wherewith , in Chinese it means以其，藉其. In fact, they equal to the uses of as which, in which, by which, of which, and with which.And the “here + preposition” and “there + preposition” are often used in a business contracts as adverb, and often used to signify the time, place, methods and conditions. Here are some examples:(3) This contracts is made by and between China National Native Produce & Animal ByProducts Corporation, Guangdong Native Produce Branch (hereafter called the seller) and American Trading Co, Ltd (hereafter called the buyer) whereby the Sellers agree to sell and the Buyers agree to buy the undermentioned goods in accordance with the terms and conditions stipulated below.4译文：这份合同是由中国国家本土生产之间和动物副产品公司、广东本土生产的分支(以下称为卖方)和美国贸易有限公司(以下简称买方),卖方同意出售,买方同意购买下述货品符合如下条款。 (4) Both parties shall keep secret all technical knowhow, technical documentation and all the information of hydrology，geology and production of the Contracts Factory regarding the business of the other party，being either technical or commercial of nature，during the validity period of the contracts as well as thereafter for a period of 10 years.5译文：双方应对所有专业技术，技术文档以合同方的水文、地质和产品保密，无论是技术性质还是商业性质的，在合同产生的有效期内及之后的10年里。In Example 3, the application of “hereafter” helps to shorten the whole name, which covers 12 words, into on word “seller”. This is much more concise and simple. And so does the use of “hereafter” in Example 4. It is easy to find out that this kind of archaic word helps a lot while concluding a business contracts. They make the contracts language normative and rigorous. Besides the two words introduced above, aforesaid, under-mentioned, and above-mentioned are popular as well.2.1.3 Abundance of technical termTechnical terms can be seen everywhere in business contracts. For translators， knowing some technical terms, which will influence the business English contracts. Business contracts are full of price terms, force majeure, arbitration clauses and some articles of law, which brings a lot of technical terms into business contracts (5) Party B shall train Party As personnel so as to enable them to master Party Bs design, mould design, performance test and technology in machining, erection and inspection of the contracts product, so that Party A can use the technical documents and know-how supplied by Party B to produce the same product and mould in Party As factory.6 译文：须对甲方技术人员进行培训，以方便甲方受训人员掌握合同产品的设计，模型设计，性能测试，加工工艺，装配工艺和质量检验技术，进而使甲方能利用乙方提供的技术资料和专门知识在甲方的工厂内制造出质量相同的产品和模具。In this example, “performance text” should be translated into“性能测试” not “绩效测试”. “technology in machining” is supposed to mean “加工工艺” not “机械技术”. “erection” is equal to “安装”not “建筑”.(6) To promote the business cooperation between both parties, for the convenience of the capital flow of Party B, Party A agrees to offer certain line of credit about the credit sales. Party B provides its written application for the credit sales in accordance with the procedure of Party A and provides concerned material required by Party A.7 Here, “capital flow” means“资金周转.“credit sales” means“赊销”. “line of credit” is “信用额度”.2.1.4 The modal verb The modal verb is one special kind lexicon among those regular vocabularies in a business contracts. The purpose of using modal verb is to express the attitude or tone of parties concerned. The use of modal verb on one hand helps readers to get a brief idea of the purpose of the clauses, on the other hand convert the contracts into much formality.When talking about the modal verb in business co