Translation of Lexical Terms in Business English Contracts 商务英语毕业论文.docx

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1、I Introduction1.1 Research backgroundAlong with the accelerating process of globalization and the improvement of Chinas international status, the interaction between China and the world continues to deepen, and the political and economic trade exchanges become more frequent. Business English contrac

2、ts provide a guarantee to maintain business relations and conduct business activities, and play an important role in clarifying the duties and obligations of the parties, and maintaining market order. Nowadays, economic is developing rapidly, and business English contract is an important part in reg

3、ulating the economic trade activities, which cant be underestimated.There are still many problems in the field of business English translation, which is a field worth exploring. At the same time, business translation is the perfect combination of professional business knowledge and English translati

4、on. The field of economic and trade is a broad field of knowledge, including economics, finance, legal, accounting and so on. Therefore, this paper selects a point of view among them, that is, the translation of business English contract.1.2 Research significanceMany problems exit in the translation

5、 of business English contract, including inaccurate translations, incorrectly rendered meanings, non-professional expressions and even complete discrepancies from original text.The translation of business English contracts requires an interpreter to have a variety of knowledge and skills, good Engli

6、sh expression ability, professional glossary of terms of reserves and abundant background knowledge. Business English contract as a kind of special English, whose language is formal and rigorous. It involves not only the business English content, but also involves the content of some legal English.

7、So, it is necessary to translate the professional vocabulary accurately in the business contracts in order to reduce foreign economic contract dispute. The translation of business English contracts needs to be logic and rigorous, and it does not need ornate rhetoric.II Literature Review2.1 Studies a

8、broad From the social viewpoint, business communications such as business meeting, telephone calls and discussion possess a sense of purpose, which is held to be the most distinctive feature of business English. Language used in business communications should also focus on achieving a specific busin

9、ess goal. Additionally, one should deals with linguistic, intercommunication ability, specialty knowledge, management, and cultural awareness in business English translation.When Nida (2001) talked about the process of translation, he proposed four principles, which the translator should follow. Con

10、textual consistency has priority over verbal consistency (or word-for-word concordance). Dynamic equivalence has priority over formal correspondence. Forms that are used by and acceptable to the audience for which a translation is intended have priority over forms that may be traditionally more pres

11、tigious. Similarly, in the translation of business English contract, its also very important to pay attention to the contextual consistency and the terminology. Business English is pretty different from the English of other areas, which is the coordination with economy.2.2 Studies at homeIn 1898, Ya

12、n Fu put forwards there principles of translation: faithfulness, expressiveness and elegance, in Chinese is “信, 达, 雅”. Faithfulness means the full and complete conveying or transmission of the original content or thought. Expressiveness demands that the version must be clear and flowing without any

13、grammatical mistakes or confused logic and sense. The translation of business contract also have to in accordance with these two principle duo to its language is formal and precise, and has strict requirements. Zhang Xinhong (2002) explores the syntactic features of English business contracts as wel

14、l as the differences between English and Chinese bilingual contracts, and thinks that the translators should pay more attention to semantic equivalence. In addition, Ma Huijuan， Ye Yulong, Wang Wenhan and Duan Yunli also expounded the principle of the translation of business English contract. The re

15、sults of these studies are based on functional equivalence theory, which is put forward by Nida (2001).What is heartening is that recent years many scholars such as Liu Fagong, Zhang Xinhong, Du Jinbang, and Dong Xiaobo put many theories which are significant to some practical types of writingbusine

16、ss, law and advertisement and they offer direct help to business contract translation. Due to the special functions of business contracts, they have distinctive characteristics from vocabulary, syntax, to text and it is crucial for us to get clear of such features to the translation of them.III Defi

17、nition of Business English Contract and its Lexical Features.3.1 Definition of business English contract Contract is an agreement which is established, terminated the civil rights by the natural person, legal person, other organization of equal subject. Business English contract is the provisions th

18、at it is reached by a natural to achieve the purpose of business, which is in accordance with legal procedures and aims to stipulate the rights and obligations of each other. The business English contract is a necessary process in the international trade, and it specifies the obligations and rights,

19、 which the two parties of the contract own. Whats more, the language of the business English contract is precise, embodies the contract is binding and mandatory by the law.3.2 Lexical features of business English contractBusiness English is separated from other areas because of its special lexicon a

20、nd formal expression, and contract adds the rigorous characteristic to it, therefore, the lexicon in the business English contract has the following characteristics. 3.2.1 Archaic wordsBusiness English contract has an archaic characteristic, which is one of the main signs of archaic words. Archaic w

21、ords are a kind of distinctive style words. In spite of the archaic words is rarely used in modern spoken and written language, in business contracts and other legal texts, archaic words have appeared frequently, and they fully embodies the solemn style. This shows that the social functions of the B

22、usiness English Contract.Archaic words mainly include here, there, where and propositions. For example: hereafter(此后, 今后); hereinafter (以下, 此后, 在下文); hereunder (在下文, 据此,根据本合同); hereby (特此, 兹); hereof(于此, 在本合同中); hereunto (于此); herein (此中, 由此); hereto (于此); herewith (于此, 一道); thereafter (后来, 此后); the

23、rein (其中, 在其中); thereto (此外, 随附); thereby (因此, 由此, 在那方面); thereinafter (在下文); thereunder (在其中, 据此, 依据); therefrom (由此, 从此); thereof (关于, 由此, 其中); whereas (鉴于); wherein (在那方面); wherefore (为此, 因此); whereby (因此, 由是, 据此); whereof (关于那人,那事).This kind of words are frequently used in business English contr

24、act, and shows that the contract is official and solemn. Example (1). Purchasers should note the amount of the drafts separately on the back hereof.Translated as: 购买人应注意本背面的汇票金额。“hereof” means “of this”, this kind of usage is very simple and express clearly.Example (2). We hereby confirm having sold

25、 to you the following goods on terms and conditions as set forth below.Translated as: 我们特此确认已按下列条款向你出售下列货物。“hereby” means “by this”, it is the same as the last example.Example (3). The Government of the public of the Philippines (hereinafter called party A) and the Government of the Peoples Republic

26、 of China (hereinafter called B) have reached agreements as follow: Translated as: 菲律宾共和国政府(以下称甲方)和中华人民共和国政府(以下称乙方)达成以下协议。The use of archaic words simplifies the subject in the contract, and clarifies the rights and obligations of two parties.3.2.2 TerminologyThe particularity of business English co

27、ntract determines that there are many terminologies in the contract, which is different from other areas.Due to the business contract is established according to the law and it clarifies the rights and obligations of the two parties, business English will has certain legal words to express the basic

28、 meaning of a single, unambiguous, and without any emotional color.Some lexicon of law: irresistible (不可抗力), jurisdiction goods on approval (试销货物), imputed negligence (转嫁的过失责任), infringement (侵权), action (诉讼), party (当事人), remedy (救济), financial responsibility (经济责任), advance payment (预付款), expendit

29、ure (支出费用) etc. Those legal vocabularies in the business contracts can be effective to complete the translation.Example (4). During this effective period of this Agreement, Supplier hereby grants to Distributor the exclusive right to sell Products in Territory and Distributor accepts, and assumes su

30、ch appointment for the sale and distribution of Products in Territory.Generally, “distribution” means “分配，分布”, in this sentence, it means “经销”.Example (5). Terms of payment: The buyer shall open with the sellers acceptable bank an irrevocable L/C in favor of the seller within 30 days before the mont

31、h of shipment. Translated as: 不可撤销信用证付款，买方应于装运月份前30天在卖方可接受的银行开立不可撤销信用证，以卖方为受益人。In this sentence, “irrevocable L/C” means “不可撤销信用证”; “in favor of” means “以为受益人”.Example (6). The Seller shall not be held responsible for delay in shipment or non-delivery of the goods due to Force Majeure, which might o

32、ccur during the process of manufacturing or in the course of loading. Translated as: 在货物制造和装运过程中，由于发生不可抗力事故致使延期交货或不能交货，卖方概不负责。In this sentence, “Force Majeure” means “不可抗力”.As for this kind of expressing, there is no choice but to remember it when the translators translate the contract. Whats more,

33、when the translators meet the difficult words, theyd better refer the words in the dictionary.3.2.3 Modal wordsModality is an important part of interpersonal function, which is used to express the attitude and view of the author. Halliday (1985) thinks that modality is an important part of interpers

34、onal relationship and it is an effective judgment for parties to judge their own position. And modality is to ask who should bear the responsibility and obligation. Modal verbs can be divided into three categories: Central modals, marginal modal verbs, and semi modal verbs. And core modal verbs also

35、 have the modal of high, medium and low grade. Must, ought, need has to and is to belong to high modality words; will, would, shall, should belong to low modality words; may, might, can, could belong to low modality verbs. Shall: It is generally used to express the obligations in the contract. That

36、is what two parties should be done (obligation). Therefore, “shall” is always translated as “应该” or “必须”.Should: In the contract, it is generally used to indicate the weaker tone of the hypothesis. It is most translated into “万一” or “如果”, and rarely translated into “应该”.May: In the contract is gener

37、ally used to express the rights, power and privilege in the contract. That is what two parties can be done.Must: Generally used in the case of legal enforcement, that is what two parties must be done, the tone and the mandatory force more strong than “shall”.May not (or shall not): In a contract, it

38、 is generally used to show a prohibitive obligation, that is, what cannot be done.Example (7). All disputes in connection with the execution of this Contract shall be settled friendly through negotiation.In this sentence, the use of “shall” is pretty formal, which embodies the legal binding of the c

39、ontract terms.Example (8): Within 45 days after the arrival of the goods at the destination, should the quality, Specifications or quantity be found not in conformity with the stipulations of the contract except those claims for which the insurance company or the owners of the vessel are liable.In t

40、his sentence, “should” means “if”, which clearly and concisely express the meaning.“Should” is frequently used in conditional sentence. When “should+S+V” structure is used in business contract, conditional sentences describe a smaller possibility. Zhang Yifei (2012) said regulated expression of moda

41、lity in business English contracts, mostly belonging to the meaning state category instead of the category of modality. Limit the use of modal verbs is simple and clear, avoid the disputes caused by ambiguity in the terms of the contract.Modal words should be carefully used in the contract, due to t

42、he differences in the degree of the modal cause different effect. When translate this kind of words, the translator should make a distinction between them.3.2.4 Linguistic hedgesPeople think that as part of the laws language, contract language is also very solemn accurate, there should not be any mo

43、ld paste composition. But that is not the case. Although the business contract is a great emphasis on normative legal text genre, vague language is also used in the business contract. In view of the significant economic interests of the parties involved in the contract, it is of great practical sign

44、ificance to study the fuzziness of contract language and its translation. There are many linguistic hedges, for example: I think, I guess, I wonder, hard to say, kind of, sort of, a little bit, some(what), about, roughly, approximately, etc.Example (9): Quality of goods shall be considered as being

45、about equal to the Sample submitted by the Seller on July 1, 2010. Translated as: 货物质量须同卖方与2010年7月1日提供的样品大致相同。 In this example, the text tries to sell the readers that the quality of goods shall be about the same as that of July 1, 2010. “about (大致)” is a hedge word, as it contains fuzzy meaning.Exa

46、mple (10): The registered capital shall generally represented in Renminbi, or may be in a foreign currency agreed upon by the parties to the point venture. Translated as: 合资企业的注册资本一般以人民币表示，也可以用合营各方约定的外币表示。This is the application of vague language in business contracts. “generally” and “may” means “一

47、般地” and “大约，可以” in Chinese, which means the registered capital also represented in other currency, this kind of usage provides a leak for the party.3.2.5 AbbreviationThe buyers and sellers communicate in telephone, send the message, and exchange e-mails are required to be concise and to the point, a

48、nd easy to remember and record. Therefore, people in the business register created a large number of abbreviations, and simplified in a variety of ways. There are a few common features in business English contract: (1) The first letter of the words, apart from the articles. For example: AVN (Added V

49、alue Negotiation增值谈判)，SEEA (System of Integrated-Environmental Economic Accounting综合环境经济核算体系). (2) The first syllable or morpheme of the words. For example: ACH (Automated Clearinghouse自动清算所)，Amex (American Stock Exchange美国股票交易所)，FO(First-in，First-out先收者先支). (3) The first few letters of the words. For example: ANCOM (Andean Common Market安第斯共同市场)、ECOSOC (Economic a