試評譯者主體性理論在中國航運法律英譯中的應用碩士學位論文(編輯修改稿)

　

【文章內容簡介】 f the laws and regulations formulated from the year 1992 to 2008 are as follows: 1. Regulations for Survey of Ships and Offshore Installations of the (1993)。2. Regulations for Registration of Ships of the (1994)。3. Regulations of the People’s Republic of China for Navigation Marks (1995)。4. Provisions of the People’s Republic of China on the Administration of Maritime International Container Transport (Amended on 4/18/1998))。5. Regulations of the People’s Republic of China on International Maritime Transportation (2001)。6. Implementing Rules of the People’s Republic of China on International Maritime Transportation (2003)。7. Port Law of the People’s Republic of China (2003)。8. Rules of the People39。s Republic of China on the Administration of Vessel Visas (2007)。9. Regulations of Management of Seafarer Service of the （2008）. They have reflected the development of our country’s shipping legislation and studies in this field and laid the foundation for further research into the shipping legislation.Shipping laws and regulations play important roles in governing the rights and obligations of shippers, carriers, consignees and other parties involved, and imposing punishment or penalty in case of violation of the related laws or regulations, and solving problems arising from shipping activities, which contributes to the guarantee of the legitimate rights and interests of all parties, the regulation and standardization of shipping activities and the ultimate goal of constructing a fair, open and orderly international shipping market. These functions require that the language used in the shipping documents and their translation must be accurate, allowing no ambiguity and errors. The CE translation of shipping legal documents serves as a bridge of munication in international shipping activities. However, the there are still some undesirable points or defects in the English versions of China’s shipping laws and regulations. The Current Situation of Legal Translation The Problems and Difficulties The task of legal translation in China is very arduous particularly after China’s entry into the WTO. In order to keep the promise of being transparent in legislation, the Chinese government should translate the relevant laws and regulations or measures into one or more standard languages required by WTO and inform its members of the laws and regulations before enforcement and implementation. Because of the time limit, some of the timely and proper transformation of the laws and regulations fell behind the required standards. China39。s current laws and decisions on relevant legal issues are translated, examined and approved by the relevant department of the National People39。s Congress。 Administrative rules and regulations promulgated by the State Council are translated, examined and approved by the Legislative Affairs Office of the State Council。 Department regulations and local laws and regulations are by the corresponding department or local governments. These three translation powers are fairly independent, and haven’t established effective coordination mechanisms. They lack cooperation and exchange in their translation. In addition, the management of China39。s current laws and regulations translation is still unsystematic, and lack of appropriate management charter.In regard to the translation of shipping laws and regulations, there are also problems. In spite of China’s increasing influence in the international shipping market, and the efforts and endeavors the Chinese Government and the petent authorities in charge of transport and munications have made to improve and perfect the relevant shipping laws and regulations, mistakes and undesirable points sometimes can be discerned and have caused economic losses, misunderstanding in the international shipping market. English is the universal language in the international shipping documents and daily business practice. English has undergone several periods, from preEnglish, Old English, Middle English to Modem English, during which legal English has evolved gradually and has also acquired a number of distinctive characteristics. Legal English is the most formal written English in all English functional styles, even all English styles. (侯維瑞，1988: 319) Legal English is more precise than ordinary English because it deals with what is closely related to people’s benefit, and law is the essential guarantee to stable social development. As law is the embodiment of state power, precision is of paramount importance to the language of law. Therefore, great attention should be paid to the regulation and standardization of shipping documents translation which will help the world to understand China39。s shipping industry, and is also conducive to bringing China39。s maritime laws and regulations in line with international standards, and lead China into more extensive participation in international shipping operations. Research on Legal Translation: the Present Situation and Its Prospects Bell states in one of his books Translation and Translating: Theory and Practice (2001:3). “Documentary evidence of translation can be traced back for at least two millennia”. Indeed，translation has a history almost as long and as plex as that of any other branches of literature. As for the study of translation，some linguists approach translation from a scientific point of view，and categorize it as a kind of science，while others argue that it is an “art”，or a“craft”. With the development of human society and finer division of scientific research，legal translation has bee more and more important. However，the study of legal translation has been neglected. Since the 1970s，research on legal language in foreign countries mainly focuses on three aspects : legal language as a process。 legal language as a tool。 linguists’ participation in the interactive applied research as to lingual evidence. Whereas，in China，the systematic study of legal