Why do we translate Chinese laws outside?
Author:Catti center Time:2022.08.30
Foreign translations are an important way for Chinese law to build self -expression under the global laws of law. As China continues to deepen the opening of the outside world, Chinese law is required to pass on Chinese legal discourse in a more open attitude. At the same time, the foreign translation of Chinese law is not a simple language conversion, but a communication with major legal discourse such as ordinary law, mainland law, and Islamic law.
In recent years, the legal foreign translation team of Southwest University of Political Science and Law has been actively trying to translate China's latest legislative achievements, typical judicial cases and academic research results into English, showing the latest achievements in the construction of China's rule of law. Why translate Chinese law to foreign countries? What role does Chinese legal translation play in Eastern and Western exchanges? Recently, Zhu Yuanqing, the former deputy dean of the School of Foreign Languages of Southwest University of Political Science and Law and deputy dean of the Human Rights Research Institute (School of Human Rights) of the Southwest University of Political Science and Law, accepted an exclusive interview with China News Agency's exclusive interview with China News Agency to answer related issues.
Abstracts are currently recorded as follows:
Reporter of China News Agency: What are the stages of Chinese legal translation and in the development of Chinese society?
Zhu Yuanqing: The foreign translation of Chinese law can be divided into the following stages:
The first stage was from the late Ming Dynasty to the middle of the Qing Dynasty. The translator mainly focuses on foreign diplomats, scholars and missionaries who go to China to visit. The translated Chinese law does not become a system and lacks organizations.
The second stage is from the middle of the Qing Dynasty to the early years of the Republic of China. For the first time, a complete translation of the Chinese Code has appeared. The translator is still dominated by European and American people. The purpose of the translation is basically to serve the interests of the country or institutions of the translator, so it is highly utilitarian.
The third stage is from the May 4th Movement to the future of New China. For the first time at this stage, foreign translations were officially organized. The content of the translation includes not only the traditional Chinese legal classics, but also highlights the legislative results at the time.
The fourth stage is since its establishment. This stage can also be subdivided into two periods: one is from the establishment of the New China to the eve of reform and opening up, and the other is the reform and opening up. With the rapid development of China's economy and society, people and trade between China and other countries and regions have increased rapidly. In order to adapt to this situation, China actively organizes and implements legal translation. Especially in 2001, China joined the World Trade Organization. In order to fulfill the obligations of members, China needs to translate relevant laws in English into English to help foreigners familiarize with China's rule of law construction, reduce trade conflicts and frictions, and accelerate the development of foreign legal translations.
Since the 18th National Congress of the Communist Party of China, with the continuous improvement of the socialist legal system with Chinese characteristics, the foreign translation work has embarked on the fast track, contributed to the international community's experience and wisdom of China, shaped the image of the rule of law in China, and enhanced the soft power of national culture. At this stage, China (whether the official or the folk) has great enthusiasm for foreign translations, and uses it as an organic component of reform and opening up, enhancing international exchanges, actively integrating and promoting the globalization process. This active approach to the current status of the country's rule of law construction to the international community shows the high confidence of contemporary China about its own roads, culture and systems.
The "Chinese Code of the People's Republic of China" (English version) translated by the Foreign Translation Team of Southwest University of Political Science and Law. Photo by Jing Renke of China News Agency
Reporter of China News Agency: How can Chinese legal translation present the spirit of the rule of law in China?
Zhu Yuanqing: Chinese legal translations are significant and far -reaching that to build China's international discourse system, enhance international discourse power, and help foreign people understand the progress of the construction of the rule of law in China and spread the international image of governing the country in accordance with the law. Chinese legal translation must first accurately understand the provisions of Chinese law and the rule of law behind it. As early as the beginning of China's law modernization, people of insight realized that "translation books are the most difficult", translators must have full knowledge and understanding of the laws of the country where Chinese law and the purpose are belongs to the country. Ensure accurately understanding the original text and using standardized and precise translations to reproduce the spirit of the original text, not just reproduce the language form of the original text.
The Civil Code of the People's Republic of China translated by the People's Republic of China, translated by the Southwest University of Political Science and Law, as an example, there are many Chinese original concepts. For example, the term "civil subject", most of which have been translated as Civil Subjects in the past, but foreign jurists are confused about this translation. After various verifications and consulting foreign experts, the foreign translation team of Southwest University of Political Science and Law translated this temporarily as Parties to Civil Legal Affairs.
In addition, because the law has a strong ideological color, when translating the law, the translator must stand firmly in the "Chinese position" to ensure that the translation is not unsatisfactory and not in shape. Only by proficient language can we eat the original text, and use the authentic and precise purpose language to reproduce the spirit of the original Chinese text.
On June 10, 2021, the 29th meeting of the Standing Committee of the 13th National People's Congress voted in Beijing to pass the stamp duty law in Beijing. Photo by Sheng Jiapeng, a reporter from China News Agency
Reporter of China News Agency: Chinese law's foreign translation is not a simple language conversion, but exchanges with major foreign legal discourse. What role does Chinese legal translation play in "You Come and Me"?
Zhu Yuanqing: Since the modernization of China's legal modernization in the late Qing Dynasty, China has long played a "follower" role in Chinese and foreign legal exchanges. China's modern law is essentially the law of "translation and transplantation", that is, transplants foreign legal systems through translation. In the 100 years since the beginning of the 20th century, Chinese and foreign legal discourse exchanges have always been "Western French East", and China has been in "entering the super", that is, the proportion of "foreign translation" exceeds the proportion of "Chinese translations". However, according to the statistics of the relevant industry organizations in 2011, the proportion of "Chinese translations" in the field of translation in China surpassed the proportion of "foreign translation" for the first time. In this process, Chinese legal translation plays a key role. Law text belongs to the most professional and "hard core" source language text, which concentrated and intuitively reflects the current status of the rule of law construction of a country. The rule of law is the biggest consensus of international exchanges, and legal translation is the bridge of the international communication of China rule of law. In the absence of translators who are proficient in Chinese and Chinese laws abroad, Chinese legal foreign translators are responsible for their diligence, deserve hard work, and make their due contributions. Chinese legal translations can play a role in the exchanges of Chinese and foreign laws:
First, in a intuitive way, the current situation and development trend of Chinese legislation and the entire rule of law construction, so that the international community knows "what Chinese law is";
Second, through the typical cases of translation, news reports, etc., the operation of Chinese justice is presented, so that the international community understands "how Chinese law works";
Third, through major projects such as "Chinese academic foreign translation", foreign translations are interpreted with the latest achievements in Chinese law academic academics, so that the international community understands "where the future of Chinese law develops."
December 4, 2014 is the Constitution Day, China's first national national Constitution. The Supreme People's Court held the theme publicity of "Letting the Law Become a Faith" on the day and the "12 · 4" public opening day event. Photo by Li Huisi, a reporter from China News Agency
Reporter of China News Agency: How can Chinese legal translations contribute to the international communication of China's rule of law?
Zhu Yuanqing: From the sorting of various stages of Chinese legal translations, it can be seen that the main force of Chinese legal translation in modern times is European and American people. Its translation motivation is often the utilitarian purpose of self -interest. When translating Chinese law, it is often intentionally or unintentionally existed and solved and solved. Mistake translation. Today, in more than 70 years of the founding of New China and the rapid development of China's economy and society, China should firmly grasp the initiative of Chinese legal translation, stabilize China's position, expand its international perspective, introduce the achievements of China's rule of law construction, and promote legal exchanges between China and foreign countries.
Through legal translations, it can promote the international community's understanding of Chinese law. Judging from the history of Chinese law translation, foreign -related interests have a utilitarian motivation to understand Chinese law and use Chinese law to protect their legal interests. Therefore, it is necessary to comprehensively and accurately interpret Chinese law, promote the international community to "know" in the law, promote exchanges, increase understanding, and promote the understanding of Chinese laws.
On August 27, 2014, the Supreme People's Court of China held the first -time open -themed opening of the Foreign Ambassador to China. The envoys of the 21 countries and international organizations entered the Supreme Law and listened to the public trial of foreign intellectual property cases. Photo by Li Huisi, a reporter from China News Agency
In addition, the scope of the text of Chinese legal translation should be expanded, not only must accurately translate laws and regulations such as laws and regulations, and the "hard core" legal text in the traditional sense, should also be targeted at the current status and the current status of the construction of the rule of law in China and the non -professionals. Readers' actual needs, thinking methods, and language habits, selected text reports, literary works and other texts, such as the top ten cases of human rights judicial guarantee in China in 2021, and the latest achievements of the construction of China's rule of law in the way of moisturizing and silently.
Civilized exchanges between different countries and nations are unstoppable trends. Professional translation reviews and criticism can improve the quality and depth of the translation of legal foreign translations and the depth and breadth of spreading. It is hoped that more translators are committed to Chinese legal translations, including laws and regulations, judicial cases, etc., and help the global communication of Chinese legal culture.
Source: China News Agency
China News Agency reporter: Liu Xianglin
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