目的論與國際商務(wù)合同的翻譯策略 畢業(yè)論文

1、xxxxx學院本科生畢業(yè)論文Skopos Theory and Translation Strategies of International Business Contract目的論與國際商務(wù)合同的翻譯策略院 系外國語學院專 業(yè)英語(應(yīng)用英語方向)學 生 班 級2009級xx班姓 名xx學 號xxxx指導(dǎo)教師單位外國語學院指導(dǎo)教師姓名xxx指導(dǎo)教師職稱教授Skopos Theory and Translation Strategies of International Business ContractAuthor: xxxx Major: applied English 2009-xxSu

2、pervisor: xxxxAbstractAs a member country of the WTO, China is involving itself in the worlds economy more and more profoundly and widely. International business contract is equally binding upon both parties of a kind of legal documents. It is in the parties to start business is used to maintain the

3、ir rights and interests of legal document and foundation. There is no doubt that international business contract plays an extremely its important role in today's international economic and trade. Thus, the requirement of business contract translation also increasing day by day. However, nowadays

4、 there are still many problems in the international business contract translation that affect the parties understand the contents of contracts and bring disputes which are difficult to be solved. Skopos theory provides us a new perspective to study the translation of commercial contracts. This paper

5、 aims to discuss the Skopos theory to guide the feasibility and rationality of International business contract translation, introduces the main content of the Skopos theory and the definition of international business contract, the characteristics and the types. And from three levels that to discuss

6、 the international business contract characteristics. Then, concrete analysis the error of international business contract translation, and combine the instance to summarize the translation points, puts forward a corresponding translation strategies and skills based on this Skopos theory. Translator

7、s should find the most correctly translation strategies, so as to improve the quality of the translation, realize the translation objective and reduce economic disputes. At the same time, also to carry out effective reference to all the economic and trade activities.Key words: International business

8、 contract, Skopos theory, Translation suggestions.目的論與國際商務(wù)合同的翻譯策略應(yīng)英09xx班 xxx指導(dǎo)老師：xxx摘要 中國加入世貿(mào)組織之后,國內(nèi)市場進一步對外開放,中國與世界各國的經(jīng)濟和貿(mào)易往來與日俱增。國際商務(wù)合同是對商貿(mào)雙方都有約束力的一種法律文件,是在雙方開始業(yè)務(wù)時用于維護各自的權(quán)利和利益的法律文件和基礎(chǔ)。毫無疑問,國際商務(wù)合同在今天的國際經(jīng)濟和貿(mào)易中起著極其重要的作用。因此,對于商貿(mào)合同的翻譯要求也日益提高。然而，目前國際商務(wù)合同翻譯中仍存在著很多問題，這將影響合作雙方對合同的理解和由合同引起的爭議難以解決。目的論給我們提供了一個

9、新的視角來研究國際商務(wù)合同的翻譯。 本文旨在探討目的論指導(dǎo)下國際商務(wù)合同翻譯的可行性和合理性,介紹了主要國際商務(wù)合同的定義、特點和類型和目的論的內(nèi)容，并從三個層次來討論國際商務(wù)合同翻譯技巧；然后具體分析國際商務(wù)合同翻譯的誤區(qū),進行了實際分析以及給出相應(yīng)對策與策略,并結(jié)合實例總結(jié)了翻譯點。譯者在翻譯過程中影根據(jù)商務(wù)合同的文體特征選擇正確的翻譯策略,不斷提高商務(wù)合同翻譯質(zhì)量,實現(xiàn)翻譯的目的和減少經(jīng)濟糾紛。同時,還對所有經(jīng)濟和貿(mào)易活動來進行有效參考。關(guān)鍵詞：國際商務(wù)合同，目的論，翻譯策略Content1. Introduction31.1Background of the Research31.2

10、Significance of the Research41.3 Structure of the Thesis42. Literature Review42.1 Purpose of the Research on International Business Contract Translation42.2 Research on international business contract Translation42.2.1 Research on International Business Contract Translation abroad42.2.2 Research on

11、International Business Contract Translation at home53. Characteristics of International Business Contract Translation63.1 Definition of International Business Contract63.2 Classification of International Business Contract63.3 Features of the Translation of International Business Contracts73.3.1 Lexi

12、cal Features73.3.1.1 Archaic Words73.3.1.2 Technical Words73.3.1.3 Abbreviated Words73.3.2 Syntactical Features83.3.3.Textual Features84. Skopos Theory and Translation of International Business Contract94.1 Definition of Skopos Theory94.2 Principle of Skopos Theory94.2.1 Skopos Rule94.2.2 Coherence

13、Rule104.2.3 Fidelity Rule104.3 International Business Contract Translation of Skopos Theory104.3.1Principle of International Business Contract Translation104.3.1.1 Accuracy104.3.1.2 Standardization114.3.2 Strategies of International Business Contract Translation114.3.2.1 Skopos rule is the number 1

14、rule114.3.2.2 Literal Translation124.3.2.3 Loyalty and Fidelity135. Conclusion14Reference16Acknowledgements171. Introduction1.1Background of the ResearchAs a member country of the WTO, China is involving itself in the worlds economy more and more profoundly and widely. International business contrac

15、t is equally binding upon both parties of a kind of legal documents. It is in the parties to start business is used to maintain their rights and interests of legal document and foundation. There is no doubt that international business contract plays an extremely its important role in today's int

16、ernational economic and trade. However, nowadays there are still many problems in the international business contract translation that affect the parties understand the contents of contracts and bring disputes which are difficult to be solved.1.2 Significance of the Research This paper aims to discu

17、ss the Skopos theory to guide the feasibility and rationality of International business contract translation, introduces the main content of the Skopos theory and the definition of international business contract, the characteristics and the types. And from three levels that accurate, precise, regul

18、ating to discuss the international business contract characteristics. Then, concrete analysis the error of international business contract translation, and combine the instance to summarize the translation points, puts forward a corresponding translation strategies and skills based on this Skopos th

19、eory. Translators should find the most correctly translation strategies, so as to improve the quality of the translation, realize the translation objective and reduce economic disputes. At the same time, also to carry out effective reference to all the economic and trade activities.1.3 Structure of

20、the Thesis This research consists of five parts that Literature review, Skopos theory and the translation strategies of international business contracts translation, of course including introduction and conclusion.2. Literature Review2.1 Purpose of the Research on International Business Contract Tra

21、nslation The purpose of this research is to explore the translation of international business contracts, knowledge of the moment international business contract translation, through the objective theory as the guidance , give a detailed introduces the Skopos theory and the translation rules, fidelit

22、y rule and consistency rule in the international business contract translation. The translation wants to give a new angle, from the angle of teleology to improve international business contract translation quality and to provide a theoretical basis for the translation of international business contr

23、acts. It can not only ensure the international business contract translation of accurate, but also for international business trade gives a powerful guarantee.2.2 Research on International Business Contract Translation With the rapid development of economy in China, the international business became

24、 very important in international relationships. Especially the 2008 Olympic Games being held successfully in Beijing, China, more and more people want to come to China for business trade. Based on this, more and more scholars from different views of the international business contract in the domesti

25、c and foreign translation. This paper tries to total combined with international business contract translation from the historical point of view, and then give some discoveries and views.2.2.1 Research on International Business Contract Translation abroad Contract legal documents, has a long history

26、 background, it can be dated back to 3000 years ago. The oldest known Egyptian- Hittite record contract translation is 1271 BC in the peace treaty. With decades of development, it has formed a set of international business contract translation standardization, industrialization uniform style (song D

27、ewen, 2006:56). A number of legal translation scholars must be more and more attention to language English contracts, especially point of view, from vocabulary, syntax and grammar level. Words must be rigorous, accurate translation. Scholars and their master's representative works is David Melli

28、nkoffs The Language of the Law (1936), Carla · c · Shippeys A Short Course in the International Contract (1999). Contract translation should follow the principle. Eugene. A. Nida argues that “the three principles of faithfulness, expressiveness, and elegance should be understood not as com

29、petitive but as additive factors: first, faithful equivalence in meaning, second, expressive clarity of form, and third, attractive elegance that makes a text a pleasure to read.”(Nida, 2002:127) Eugene. A. Nidas theory of functional equivalence as the principle of translating international business

30、 contracts, that is, in Nidas own words, “The readers of a translated text should be able to understand and appreciate it in essentially the same manner as the original readers did (Nida, 2002:87).” 2.2.2 Research on International Business Contract Translation at home The history of international bu

31、siness contract translation in China can be traced back to two thousands years ago, but the real term of contract translation is represented by Lin Zexu and his Translation House. Since China put forward reform and opening-up policy more than 30 years ago and especially when China entered into WTO m

32、ore than 10 years, the contract translation has been improved dramatically in theoretical and practical parts. The related works can be found in the fields of business contract translation. Such as Formation & Translation of International Business Contract by Hu Gengshen. In this book, the autho

33、r analyzes” the linguistic characteristics of business contracts English from the lexical, syntactic, and textual levels and then explores and summarizes some strategies and skills in its E-C translation. She also proposes four principles of business contract translation to guide the process of tran

34、slation: accuracy, compactness, smoothness, and appropriateness.” In Legal Texts and Legal Translation by Li Kexing and Zhang Xinhong. The author also demonstrates the features of different kinds of legal texts like business, economy and trade, and finance and then puts forward some practical transl

35、ation strategies and principles to guide the legal text translation. Li Jianbo (2003) analyzed the reasons and functions of lexicons used in legal documents, such as archaic words, technical terms, foreign words, and words of conjunction and the employment of “shall”. Sun Shengmao (2003) demonstrate

36、d the frequent employment of “shall” in English business contract to present obligations that the parties must abide by. And he also puts forward the misuses of “shall” in E-C business contract translation and gives some suggestions to correct it. Many scholars also analyze the international busines

37、s contract translation on the basis of some theories. Zhou Liren (2000) puts forward that Nidas dynamic equivalence theory can be used to analyze all kinds of business translation including business letters, business contracts, and advertisements and so on. Zhang Xinhong (2001) applies the text Typo

38、logy of Snell-Hornby in the process of international business contract translation and put forward that translation strategies, principles and techniques should be based on the text type.We can know the point that most professional books and academic papers try to analyze the international business

39、contract translation aboard and at home. And, most of the researches are based on some separated segments of translation strategies and techniques for solving problems. Only some scholars do their research based on real practice. It is difficult to get a view and systematic study of international bu

40、siness contract translation. Finally, it can not be denied that many scholars contribute a lot to the international business contract translation. However, many scholars try to resolve translation problems from a perspective of traditional micro level. That is to say, many scholars are confined thei

41、r study within lexical, syntactical and textual levels. It is a problem that we should to face and solve.3. Characteristics of International Business Contract Translation3.1 Definition of International Business Contract What is the definition of contract? There are many ways to define the meaning of

42、 a contract. It is necessary to acquaint oneself with the definition of a contract first in order to understand the concept of international business contract. There is no certainly definition of contract. It varies in different country or culture or law. According to the Restatement (Second) of Con

43、tracts ('1) (American Institute, 1981), a contract, in technical terms, is "a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty". In China in Contract Law of the People's Republic of China

44、 (1999) gives its own definition of a contract: "A contract in this law refers to an agreement establishing, altering and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations."We can see that

45、the parties, promises and law are key elements to a contract. Obligations and rights are the content of a contract. They are derived from a promise or a set of promises. A promise is a manifestation or demonstration of the intention to act or to refrain from acting in a specified manner. When one pa

46、rty promises to do or not to do something for the other party, he or she has an obligation to burdens this obligation to the other party means a right. To put it simply, a contract is a legally enforceable promise or a set of promises. An international contract is mostly understood as a contract bet

47、ween two or more parties from different countries or areas of the world. According to UNIDROIT一Principles of International Commercial Contracts (2004: 2), a contract may be defined as an international contract as long as any international element is involved in it . Different from domestic business

48、contracts, international business contracts are more complex and flexible. Not only the two parties should be clear about their equal rights and obligations, but also they need to know their different cultures, law systems and policies and so on. Therefore, to build a double-win situation for intern

49、ational business development, it is important to make a systematical research on it.3.2 Classification of International Business ContractInternational business contracts vary in terms of fields, categories and contents, and can be divided differently according to different criteria. “On the basis of

50、 rights and obligations, business contracts can be classified into Contracts for International Purchase of Goods, Contracts for International Technology Transfer, Contracts for Sino-foreign Joint Ventures, Contracts for Compensation Trade, and Contracts for International Leasing Affairs, Contracts f

51、or Sino-foreign Cooperative Development of Natural Resources. etc.” (Che Lijuan 2007:160) “According to the different forms, business contract can be divided into Contract and Sales Contract, Confirmation, Agreement, Order and Memo.” (Lei Chunlin, 2008:149) In addition to the above-mentioned categor

52、ies, international business contracts include insurance contracts, storage contracts, Agency contracts, Contracts for employment of foreign staff members, and contracts for international transportation, etc. so, it is very important to translators to distinguish the different categories before the t

53、ranslation of international business contract. 3.3 Features of the Translation of International Business ContractsIt is very important to make a comprehensive analysis of contract. So the paper tries to make an analysis of features between Chinese and English business contract from three levels: lex

54、ical, syntactic and textual.3.3.1 Lexical Features3.3.1.1 Archaic words It is truly necessary that the current use of the old words be taught to the translator before starting the actual translation process. The archaic expressions found in legal English include: “where, here, there” combining with

55、the parties “in, under, by, to, after and etc.” The purpose of using archaic words in the international business contract is to make sentences more exact and concise. Here are some examples:（1）ST:特此于_（日期）訂立本協(xié)議。 TT: This contract is hereby made and entered into on _(date) .In the target language, “he

56、reby” is a typical archaic word which is very common in the international business contract. In order to express it precisely, here “hereby” can be regarded as “by means” in this sentence. There are some more examples:（2）ST: 對于因履行本合同發(fā)生的一切爭議，本合同雙方應(yīng)友好解決。TT: All disputes arising from the performance of

57、 this contract shall, through amicable negotiations, be settled by the parties hereto.In this example, “hereto” means “to this”. Some more likes hereof, herein and hereunder, are popular in contract translation.3.3.1.2 Technical words We all know that international business contract is a special language contract; it is clearly that there are a lot of technical words can be found. In legal documents, technical can be divided into two parts. One part is common words with special legal meaning. For example:（3）ST: 信用證內(nèi)應(yīng)明確規(guī)定賣方有權(quán)可多裝或少裝所注明的百分數(shù)，并按實際裝運數(shù)量議付。TT: The sellers reserve