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1、-商务合同的翻译本科毕业论文-第 11 页本科生毕业论文商务合同的翻译毕业设计(论文) 中文题目： 商务合同的翻译 英文题目：On the Translation of Business Contracts姓 名： 贺荣葵 学 院： 外国语学院 专 业： 英语（外贸英语方向） 本科 指导老师： 贺荣葵 开题时间： 2012. 12 完成时间： 2013. 4 湖南农业大学制 On the Translation of Business Contracts商务合同的翻译 He Rongkui贺荣葵Supervisor: Prof. Xiao FuliangMajor: Foreign Trade
2、 EnglishForeign Language CollegeHunan Agricultural UniversityApril, 2013AbstractAbstract: In international trade activities, business contracts are an important basis for the documents. Business English language has become an indispensable communication tool and it is also the starting point of econ
3、omic contracts in English. International business contracts involve a wide variety and complexity and also have their own characteristics, such as accuracy profession, and normalization. Therefore, the quality of the translation of business contracts needs high demand. In this paper, through a large
4、 number of examples, the characteristics and translation of business contracts are analyzed comprehensively.Key Words: business contracts; translation; strategy毕业论文（设计）原创性声明本人所呈交的毕业论文（设计）是我在导师的指导下进行的研究工作及取得的研究成果。据我所知，除文中已经注明引用的内容外，本论文（设计）不包含其他个人已经发表或撰写过的研究成果。对本论文（设计）的研究做出重要贡献的个人和集体，均已在文中作了明确说明并表示谢意。
5、 作者签名： 日期： 毕业论文（设计）授权使用说明本论文（设计）作者完全了解*学院有关保留、使用毕业论文（设计）的规定，学校有权保留论文（设计）并向相关部门送交论文（设计）的电子版和纸质版。有权将论文（设计）用于非赢利目的的少量复制并允许论文（设计）进入学校图书馆被查阅。学校可以公布论文（设计）的全部或部分内容。保密的论文（设计）在解密后适用本规定。 作者签名： 指导教师签名： 日期： 日期： 注 意 事 项1.设计（论文）的内容包括：1）封面（按教务处制定的标准封面格式制作）2）原创性声明3）中文摘要（300字左右）、关键词4）外文摘要、关键词 5）目次页（附件不统一编入）6）论文主体部分：
6、引言（或绪论）、正文、结论7）参考文献8）致谢9）附录（对论文支持必要时）2.论文字数要求：理工类设计（论文）正文字数不少于1万字（不包括图纸、程序清单等），文科类论文正文字数不少于1.2万字。3.附件包括：任务书、开题报告、外文译文、译文原文（复印件）。4.文字、图表要求：1）文字通顺，语言流畅，书写字迹工整，打印字体及大小符合要求，无错别字，不准请他人代写2）工程设计类题目的图纸，要求部分用尺规绘制，部分用计算机绘制，所有图纸应符合国家技术标准规范。图表整洁，布局合理，文字注释必须使用工程字书写，不准用徒手画3）毕业论文须用A4单面打印，论文50页以上的双面打印4）图表应绘制于无格子的页面
7、上5）软件工程类课题应有程序清单，并提供电子文档5.装订顺序1）设计（论文）2）附件：按照任务书、开题报告、外文译文、译文原文（复印件）次序装订3）其它摘 要在国际贸易活动中，商务合同作为一种重要法律文件,涉及面广泛而复杂，同时也有其自身的特点，准确性，专业性和规范性。因此，对商务合同翻译的质量提出了非常高的要求。本文用大量的例子对商务合同的特征及对策做了全面的分析和讨论。关键词:商务合同;翻译;对策Contents AbstractI摘要IIContentsIIIIntroduction11. The Definition of Business Contract22.The Charact
8、eristics of Business Contracts32.1 Text Characteristics32.1.1 Prociseness32.1.2 Normolization32.1.3 Prefession32.2 Sentense Charasteristics42.2.1 Attributive Clauses4 2.2.2 Adverbial Clauses.5 3.The Translation Strategies of Business Contracts63.1 Translation Accuraccy63.1.1 Vocabulary Translation63
9、.1.2 Number Accuracy63.2 Translation Profession.73.3 Translation Normalization.7 3.3.1 Language Normalization.9 3.3.2 Style Normalization.9 3.3.3 Profession Normalization.11Conclusion13Bibliography14Acknowledgements15IntroductionIn the 21st century, international trade has becoming more and more fre
10、quent, and the reforming China is actively engaged in international trade activities. In the process of global trade, English has become an indispensable communication tool. It is the basis of business contracts. In todays society, citizens, corporations and other organizations sometimes have the pr
11、oblem on how to sign contracts directly in English. Lawyers, legal advisers and other legal professionals will meet the needs to review and modify the contracts in English, and sometimes will be asked to come to Chinese translation, and even to draft a contract in English. So more and more fans of E
12、nglish and the lawyers want to familiarize themselves with the contracts in English with China s entry into WTO, this requirement turns more and more urgent to resolve contract issues in English.1. The Definition of Business Contract Contract means to abide by the conditions established, working in
13、cooperation. Peoples Republic of China Civil Law中国人民共和国民法通则The Article 85th provides that A contract shall be an agreement whereby the parties establish, exchange, terminate their civil relationship，(合同是当事人之间设立、变更、终止民事权利义务关系的协议) and international business contract, as one of them, from the general s
14、ense, It is involved with two or more States. To a country, international business contracts are also foreign contracts. In China, according to the different nature and content of the major categories in contracts, We do the following classification: sale contract(销售合同); the transfer contract（转让合同）;
15、 the joint venture contract（合资或合营合同）; compensation trade contracts（补偿贸易合同）; Agent agreement（代理合同） and other contracts, agreements, etc. It is the parties to economic activities, the agreement reached by negotiation, legally binding on both parties. This agreement may be formal or informal. As the co
16、ntract with legal effect, the parties must accordance with the provisions of the contract fully and meet their obligations strictly, which requires the contract terms and sentences are rigorous and accurate.2. The Characteristics of Business Contracts2.1 Text CharacteristicBusiness contract is a spe
17、cial application style, focusing on documentary, whose major characteristic is accurate and rigorous. As business contract is a legally document that asks the parties to strictly obey the obligations, right, codes of conduct and other specific terms, as drilled legal loopholes, it does not allow the
18、 vague and mileding, it would rather sacrifice the fluency of text but maintain truth.2.1.1 PrecisenessThe preciseness of the business contract translation is the principles problem in practice contract language is a legal context that emphasizes the structure of language, another characteristic is
19、using formal words, repeat words, parallel conjunctions, etc, in order to ensure the contract text rigor and unbeatable, also reflected the contract solemn and seriousness as legal documents.2.1.2NormalizationGenerally, the structure of a contract is organized, and the terms and statements involved
20、comply with the contract documents and the program requirements. A complete business, the terms of the contract are up to dozens to defined buyers and sellers obligations clearly. After a long practice and texting , The structure has been relatively fixed, whether it is Chinese or English. The contr
21、act can be divided into four parts : title(标题)，preamble(序言)，body(正文)，and conclusion(结尾). Since business contract is written to protect legal rights and interests, it require the use of body language solemn or formal style. 2.1.3 ProfessionBusiness contracts are highly professional, involving finance
22、, trade, tariffs, customs, commodities, insurance, warehousing, commodity inspection, legal and many other areas, business contract is the complex field of expertise text. Therefore, the translation process constantly absorbs and integrates new knowledge. Business contracts basic characteristics of
23、these text features to determine the business process of translation to follow strict procedures. For example, We hereby agree with the drawers, endorsers and bona fide holders of the drafts drawn under and in compliance with the terms of this credit that such drafts shall be duly honored on due pre
24、sentation and delivery of documents as herein specified. This sentence looks a little complex, and involves some credit terms, if a translator is not familiar with credit professional terms such as ：drawers（出票人）、endorsers（背书人）、drawn（开具）、drafts（汇票）、honored（履行付款责任）、presentation（提示）、documents（单据），they
25、would have no ideas about this. 2.2 Sentence Characteristics2.2.1 Attributive ClausesTo make the terms clear and precise to avoid the possibility of being misunderstood, a large number of structure are often used in clauses in business contracts. Attributive clauses separated with the center widespr
26、ead word, a term with multiple side by side, or an attributive clause modifying the case of multiple centers are also common word. For example, A reply to any offer, which purports to be an acceptance but contains additions, limitations or other modifications, is a rejection of the offer and constit
27、utes a counteroffer. “which” Guide the restrictive attributive clause modified reply.Translation：“对发价表示接受，但载有添加、限制、或其它更改的答复，即为拒绝该项发价并构成还价”。 For example, The seller must deliver goods which are of the quantity, quantity and descriptions required by the contract and which are contained or packed in th
28、e manner required by the contract. Sentence of “which” in attributive clause is to guide the terms of provisions of goods, rather than depicted and described the deep structure of sentences. “Goods must be”，如译成：“卖方必须交付的货物”, Semantic ambiguity. Therefore, the deep structure of the sentence can be tra
29、nslated in accordance with the subject-predicate structure in Chinese, So its can be translated into卖方交付的货物必须与合同所规定的数、质量和规格一致，并按照合同所规定的方式装箱或包装”。2.2.2 Adverbial ClausesAs adverbial clauses highlight the flexibility and diversity, they are often used in business contract, such as the number of adverbi
30、al modification of a verb or an adverbial contains another very common.For example, with in 30 days after the signing and coming into effect of this contract, the buyer shall proceed to pay the price for the goods to the seller by opening an imbecile L/C for the amount of USD 30.000, in favor of the
31、 seller through a bank at export port .The backbone of the sentence The buyer shall proceed to pay the price to the seller which contains a time adverbial with in 30 days after the signing and coming into effect of this contract.Business contracts, said many of the time adverbial is a Party at a cer
32、tain time and must assume a certain obligation, or to enjoy certain rights, namely, timeliness, Therefore, the center of the whole sentence is not a verb in a sentence of time but the action occurs. If it is translated into Chinese to highlight the effectiveness of behavior, the time adverbial shoul
33、d be as close to that obligation, the responsibility of the word “shall” sentence also contains a complex manner adverbial by opening an irrevocable L/C according to the language of Chinese norms manner adverbial usually before the verb, the sentence can be translated as “买方须与本合同签字并生效后30天内通过出口地银行开立以
34、卖方为受益人的不可撤销信用证支付全部货款计30000美元。”3. The Translation Strategies of Business Contracts 3.1 Translation Accuracy Key words translation in contracts should have a deep understanding of its exact meaning, and must have not ambiguity, otherwise it would cause a distortion of party to a contract, or even resu
35、lt in economic disputes. 3.1.1 Vocabulary Accuracy Due to the particularity of business contract, it often involving some special vocabularies, the following are some illustrates on abbreviation and glossary. In terms of abbreviations, as the form and the meaning are fixed, the people wont because u
36、nderstand questions or to express innovation and arbitrary use the term, simple palpability, diminish error, saving time and improve efficiency, such as FCA(free carrier 货交承运人)，CIF(cost insurance and freight 成本、运费加保费), C/O(care for 提交)， L/C(Letter of credit 信用证). Some law terms as, cooperate bylaw(工
37、作细则)，ultra vires contract(越权订立合同)，breach of contract (违约) and some same words in other means, such as action行动诉讼，motion 运动提案，sentence 句子判决，immunity 免疫力豁免权For example,A: US.500 per metric ton CIF2% Ningbo. CIF2% as a abbreviation and means CIF including 2% commission.译文：宁波港全额到岸价每吨500美元，含2%佣金 B: CN.50
38、0 per metric ton FOBD1% Shanghai. CN means Chinese Yuan. FOBD1% means less 1% discount.译文：上海离岸价每箱500人民币，扣除1%折扣。Glossary refers to the specific areas of international trade terminology, it has its own union. For example, “The Seller shall preset the following documents for negotiation /collection to
39、the banks.” This is the payment terms that often appear in the sentence, negotiation and collection here are glossary if translate into 谈判and 收取, the sentence above would be confused , to people ,here they means “议付” and “托收”. 译文: 卖方必须将下列单据提交银行议付或托收 From above we can see, in order to ensure the accu
40、racy of the translation, we must be familiar with the background and remember these special words and their usage. In order to grasp and apply them to the actual translation and apply them to the special circumstances, and to translate accurately and avoid misunderstand, wed better start with a larg
41、e number of the contracts defines and the terms of the contracts, the meaning should be defined and fully explained in order to avoid disagreement. 3.1.2 Number AccuracyWords related to the terms of the contracts payment provisions of the most important, which is the party most concerned, to elimina
42、te loopholes in the contracts amount for the English translation must be both sensitive and must not be omtted. For example,译文：合同总价为叁佰贰拾万美元A The total cont value is $3.200.000B The total cont value is US$3.200.000On the surance, Translation A is correct, and it is also frequent in textbook, however,
43、 as an officially contract, Translation A was not accurate enough, even exists serious vulnerability because in our daily life $ is usually means US$, but it may represent HK$, Can $, so the translation B is more rigorous and accurate. In terms of the contract value of translation, we must pay speci
44、al attention to the numbers and the currency, while, we also need to check it if there are mistakes or vulnerabilities to avoid future trouble. 3.2 Translation ProfessionBusiness contract is complex, because its highly requirement, and in addition to the above professional vocabulary, terms, etc. Th
45、e most important professional is its legal characteristics; It must stay in the law in the category of execution. Even if a contract the literal translation no problem, but it conflicts laws, even if the translation is accurate or even perfect, the translation is failure. That is only a white paper
46、cannot play any role, so a professional international trade workers understand the relevant laws and regulations about contracts is necessary, also is a must. It will involve a lot of professional term in the contract the world in the contract have the meaning of a single, clear, cannot be understood as ordinary, common meaning. For example, collection , confirm , acceptance , tolerance , more or less .Translation: “ 收集”, “ 确认”, “ 接受”,“ 承受”, “ 大约”, But these words can be used as a term in the contract, its mea