国际销售合同的语言特色及其翻译毕业论文

精选资料 毕 业 论 文题 目： 国际销售合同的语言特色及其翻译 学 院： 外 国 语 学 院 专 业： 英 语 班级： 0704 学号： 200704010416 学生姓名： 陈 丽 婵 导师姓名： 章 明 蕾 完成日期： 2011年6月 LINGUISTIC FEATURES AND TRANSLATION OF INTERENATIONAL SALES CONTRACT THESISSubmitted in partial fulfillment of the requirements for The degree of Bachelor of ArtsIn Hunan Institute of EngineeringBy Chen LichanSupervisor: Zhang Minglei College of Foreign LanguagesHunan Institute of EngineeringJune 2011 诚 信 声 明本人声明：1、本人所呈交的毕业设计（论文）是在老师指导下进行的研究工作及取得的研究成果；2、据查证，除了文中特别加以标注和致谢的地方外，毕业设计（论文）中不包含其他人已经公开发表过的研究成果，也不包含为获得其他教育机构的学位而使用过的材料；3、我承诺，本人提交的毕业设计（论文）中的所有内容均真实、可信。作者签名： 日期： 年 月 日设计（论文）任务书 题目： 国际销售合同的语言特色及其翻译 姓名 陈丽婵 院 外国语学院 专业 英语专业 班级 0704 学号 200704010416 指导老师 章明蕾 职称 讲师 教研室主任 刘 欣 一、 基本任务及要求：培养学生独立检索中外文资料的能力，初步具备搜集、整理、筛选信息资料的能力，初步掌握科学研究的基本方法，了解科学研究论文的写作技巧与规范化要求。阅读并充分理解商务英语销售合同的语言特色及其翻译。再较多地查阅关于商务合同语言特色以及翻译原则，翻译技巧评论著作后，撰写出2500字的文献综述；进一步搜集整理与论文有关的文献资料，扩充查阅范围。构思论文框架，撰写出论文提纲，向指导教师提交开题报告。分析、筛选已有的信息资料，提出研究设想与计划撰写论文初稿，完成5000单词左右的英文论文的撰写工作，然后反复修改，提交二稿、三稿、定稿及打印稿。论文应做到主题明确，结构合理，条理清楚，语言流畅。 二、 进度安排及完成时间： 12011年1月15日前 学生确定论文选题 22011年1月21日2011年3月11日 学生完成文献综述 32011年3月12日2010年3月18日 学生提交开题报告 4. 2011年4月22日 提交论文第一稿 52011年5月13日 提交论文第二稿 62011年5月27日 提交论文第三稿 72011年6月5日 提交论文正稿 82011年6月7日 论文形式审查 92011年6月 9日 学生公开答辩 102011年6月11日 学生进行毕业论文第一轮答辩 112011年 6月18日 学生进行毕业论文第二轮答辩 122011年 6月30日前 论文归档 可修改编辑Contents Abstract(1)Introduction(3)1. Linguistic Features of International Sales Contract(4)1.1 Lexical Features(4)1.1.1 Specialty(4)1.1.2 Archaism(6)1.1.3 Loanword(7)1.1.4 Synonyms(8)1.1.5 Polysemy(9)1.1.6 Creative new words(10)1.1.7 Formal words(11)1.2 Syntactical Features(11)1.2.1 Uses of A Large Number of Adverbials(12)1.2.2 Uses of Passive Sentences(14)1.2.3 Uses of A Large Number of Declarative Sentences(15)2. Translation Principles of International Sales Contracts(16)2.1 Preciseness and Accuracy(16)2.2 Norm and Appropriateness(17)3. Translation Skills of International Sales Contracts(18)3.1 Converting Method(18)3.2 Adding Method(18)3.3 Omitting Method(19)3.4 Matching Method(20)3.5 Splitting Method(21)3.6 Reorganization Method(21)Conclusion(23)Bibliography(25)Acknowledgements(28)Linguistic Features and Translation of International Sales Contract Abstract：Since entering the 21st century, the global economy has been developing rapidly; the process of global integration is accelerated simultaneously. As for the economic prosperousness in the modern world, the business relations between countries, especially foreign trade, have become more and more frequent; the reforming China has also been participating in international business activities; therefore contracts for international business English have become one of necessary tools for international trade. And contract has also been a legal role to stipulate the according responsibilities and obligations of relevant Parties; contract has become extraordinarily vital in international trade. In recent ten years, many scholars have studied the lexical characteristics, syntax features and translating theories of international sales contracts for business English. For international sales contract, knowing these features is very significant to establish business relations with foreign businessmen. This essay will synthesize these former studied characteristics and theories and then delves further into the lexical and syntactic characteristics and translating skills to understand the features of international sales contracts better, then motivating the communication and collaboration of our international trade.Key words: sales contracts; business English; linguistic features; translation国际销售合同的语言特色及其翻译摘要： 进入21世纪以来，全球经济得到飞速发展，同时也加速了全球一体化进程。各国之间的贸易往来，特别是对外贸易，也变得越来越频繁。改革的中国也正积极投身于国际经济贸易活动中，因此商务英语合同就成了各国之间的贸易往来，达成交易之必不可少的工具之一。与此同时，合同已经成为了规定双方权利与义务的具有法律约束力的文件。 了解国际销售合同的特点，更有利于与国外商人建立贸易关系。本文将综合近十年来主要学者对国际商务英语销售合同的词汇特征，句法特征及其翻译的研究理论。并对词汇特征和翻译技巧进行进一步的探讨，深入了解商务英语销售合同的语言特色及其翻译，避免不必要的纠纷与争端，从而更好地促进我国国际贸易的交流与合作。关键字：销售合同；商务英语；语言特色；翻译IntroductionSince China having access to WTO, international business activities have been becoming pretty popular. International contracts, as the bridge of business communication between countries, have played a more and more vital role in the modern world. Contract is a legally binding agreement used in writing (Homby, 1997; Kn&Crystal, 1998; Calamari&Perillo, 1996; Zhao Chunyan&Yu xiaofang, 2009; Zhu Yi&Wang Yuehong, 2010 etc.). So having a good understanding of the features of contract, especially the sales contract, which is the foundation of other sorts of contract, is by far a pretty important task. Until now, some scholars (Shippery,2002;Zhang Yi,2001;Mo Zaishu,2003;Zhang Hailin,2004; Li Xinyuan,2009;Zheng Honglian,2010, Shi Xiaoyan,2009) have researched the linguistic features and translation of international business contract in the past decade. From their researches, it is seen the status and significance of business contract, but simultaneously, their studies are not comprehensive enough. Therefore, this essay will add more linguistic features of international sales contract on the basis of previous studies and go on further studies of its translation. In this way, it aids readers to have a better understanding of international sales contract and also is liable to promote the business activities all over the world.Steven H. Gifis has made a definition of contract in the Law Dictionary he edited, which means a promise，or set of promises，for breach of which the law gives a remedy，or the Performance of which the law in some way recognizes as a duty. From the definition, it is seen the importance of international contract. So how to understand and write the English contract is the important factor of whether getting success in business activities. In order to reach this purpose, having a command of the linguistic features of the contract is the basic element. Understanding of contract English and quick contract writing will help to achieve competitive advantages in future international sales contract.In the book of English Writing for International Economic and Trade Contracts, Wu min&Wu Mingzhong(2009) defines that international economic and trade contract is the agreement of establishing, altering and terminating mutual civil rights and obligations among natural persons, legal persons and other economic organizations between the equal equity of foreign countries and our country. It is built according to the law, and is protected and governed by the states law. It is also bound for both parties. Once the contract is signed, all parties should carry it out strictly. Therefore, mastering the features of the contract is a good tool for us to implement it. Wang Guihua(2008), in his Lexical Features of International Trade Contract, argues that contract is the legal basis of solving trade disputes and also the legal foundation of adjustment, arbitration and lawsuit. Contracts are formal styles of agreement in the social communication and have the feature of correctness, directness and legal effect. Comprehending the features of the contract is good to its understanding and implication. This thesis will analyze the linguistic features of international sales contract and its translation.1. Linguistic Features of International Sales ContractLinguistic features include lexical and syntactic features. Generally speaking, for lexical level, words are analyzed and for syntactical level, sentences are construed.1.1 Lexical FeaturesIn the modern competitive world, most international contracts are written in English. Contract English belongs to law English and has its distinctive linguistic style. From the aspect of lexical level, words, such as their nature, meanings etc, are commonly studied. Whats more, the formality, correctness and specialty of choosing words are also very important, hence, mastering the particularity of the language of the contract is the key to understand and translate the contract precisely.1.1.1 SpecialtySpecialty mainly means the special terms used in a subject or a certain field (Yuan Jianjun&Liang Daohua; 2009). These special terms have particular meanings and are widely applied by businessmen (Chen Jianping, 2005). Liaoying(2005) argues that technical terms are open to the world internationally by far. Their meanings are precise without ambiguity and personal feelings, and then they have formed evident stylistic features gradually.Specifically speaking, in the trade and economic contract, there exist a large number of trade terms in various majors such as Marketing, Financing, computering, communicating technical, engineering, international trade and so on. When the subjects are different, the technical terms are also different (Zheng Honglian, 2010).According to the international sales contract, the most obvious one is the price term. Referring to INCOTERM 2000, there are 13 trade terms until now. They are often divided into four groups. Group E (Departure): EXWEx Works; Group F (Main Carriage Unpaid): FCRFree Carrier; FASFree Alongside Ship; FOBFree On Board;Group C (Main Carriage Paid): CFRCost & Freight; CIFCost, Insurance & Freight; CPTCarriage Paid to; CIPCarriage & Insurance Paid to;Group D (Arrival): DAFDelivered At Frontier; DESDelivered Ex Ship; DEQDelivered Ex Quay; DDUDelivered Duty Unpaid; DDPDelivered Duty Paid.FOB (Free on Board, named port of shipment) - That is only to be used when the principal carriage of goods is by sea opposed to carriage by land, air or multimodal forms of transport. It requires the seller to put the goods on a ship nominated by the buyer at a port and at a time nominated by the buyer. The seller is responsible for the costs of the goods being transported onto the ship. The buyer has to take delivery of the goods at the point and to pay all subsequent costs including stowage of the goods, freight and insurance as well as costs involved in clearing the goods on arrival at destination (Zhang Liyu, 2005:27)The unit price of Canvas Folding Chairs with Wooden Frame is US$ 12.00 CFR San Francisco (Wu Min&Wu Mingzhong, 2009: 12) Trade term CFR is used here. From the price term, the composition of the price is evidently seen. Simultaneously, the responsibility and obligations of both Parties are quite clear. Price term is the indispensible condition in the international sales contract, thus it forms one of the lexical features of contract too.For the trade terms of the transport in international contract, there is liner transport, shipping by chartering, Voyage charter, time charter, partial shipment, transshipment, port addition etc.For the terms about the assurance, there is total loss, general average, particular average, with particular average, with average, all risks etc.1.1.2 ArchaismArchaism is often utilized in the international sales contract to manifest the formality of the contract. Archaism used in the contract is usually conventional and its one of the distinctive features of the contract because it is not employed in other written English and oral English in the modern world.The frequent using form of archaism is compound words which consist of adding several prepositions after here, there and where. In the international contracts, here means this, there means that, where means which (Xia Yong, 2010). The commonly seen Archaisms applied in the international sales contract are listed as following: Hereby= by means of this, by reason of this; Herein= in this; Hereinafter= later in this contract; Herewith= with this; Hereafter= afterwards; Therefrom= from that; Thereof= of that; Whereas= considering that, but; Whereby= by what, by which; Whereof= of what, of which etc.In the Sales Contract of English writing for International Economic and trade Contracts (ibid.: 12), archaism is used in the following articles: This Sales Contract is made by and between the Sellers and the Buyers whereby(by which)the Sellers agree to sell and the Buyers agree to buy the under-mentioned goods according to the terms and conditions stipulated below.(ibid.: 10)This Agreement shall begin on the date hereof (of this Agreement) and shall continue for 5 years thereafter (after that date) (ibid.: 8)In the event of the death of any partner, this partnership shall not be thereby dissolved (be dissolved by that death) (ibid.: 9)From these examples, archaisms are frequently employed as the articles should specify and stipulate the obligations and duties of both Parties clearly in the international sales contract. If archaisms are not used, the sentence will be seen wordy and long. On the contrary, using archaisms can shorten the sentence and makes the sentence more concise. Thus archaism is a good tool to use in the international sales contract.1.1.3 LoanwordLoanword is also called borrowing word or foreign word. As there is a long history of two big law systems in the world, which are general law system and continental law system, a large part of contractual English are from foreign words (Wang Guihua, 2008). Some of them are assimilated by English, while some of them are still preserved (Ding Yang, 2004).1) Words borrowing from French: suit, complaint, proposal, assurance, plaintiff, defendant, statute, verdict, warrant, bail, vice versa, force majeure (unforeseen circumstances), vis-vis (in comparison with) etc.2) Words borrowing from Latin words: basis, declaration, register, state, ad hoc, pro rata, ad valorem duty(price tax), bona fide holder(draft goodwill holder), proviso(restrictive clause), action in persinam(legal actions pursued), ex dividend/ex coupon(without dividend/ ex: without, not including), agent ad litem(entrusted agent), pro rata tax rate(proportional tax rate)，insurance premium per capita, as per(according to), tale quale(in accordance with the sample) etc.E.g.: The arbitration shall take place in the Plaintiffs or Defendants country (ibid.: 4).In this example, plaintiff means a person who makes a formal complaint against somebody in a court of law. Defendant means the person in a court of law who is accused of committing a crime or who is being sued by another person. Here plaintiff and defendant are both originated from French and now they are assimilated to English.E.g.: The Sellers shall not be held liable for failure or delay in delivery of the entire lot or a portion of the goods under this Confirmation in consequence of any force Majeure incidents (ibid.: 13).Force Majeure means resistance or unforeseen circumstance, and it is borrowed from French. This phrase presents the feature of formality and loan words at the same time.In the international sales contract, many business words are originated from French or Latin words, some are derived and compounded by their roots, some business words have same prefix or suffix, their meanings are relatively stable, on the basis of which, using loan words express the conception more precisely.1.1.4 SynonymsIn the international sales contract, synonyms are often appeared at the same time. As a general rule, these synonyms only have little differences, which make the contract be in a feature of comprehensiveness and compactness so that it can reduce the possibility of disputes (Li Yu& Zhang Lin, 2003). According to the characteristic or property of the word, the synonyms used in the international sales contract can be divided into the following types: 1) Synonyms for noun: terms and conditions; provisions and stipulations; agents and representatives etc. 2) Synonyms for verb: alter and change; bind and obligate; furnish and provide; conclude/make and enter into; acknowledge and agree etc.3) Synonyms for adjective: null and void, sole and exclusive; final and conclusive; transferable or assignable etc.4) Synonyms for conjunction: when and as etc.5) Synonyms for preposition: from and above; under and by; by and between etc.E.g.: Each party to this Agreement shall perform and fulfill any of the obligations under this Agreement (ibid.: 3). In this article, perform and fulfill are made use of to stipulate the duties and obligations of each Party. Perform means “to do something, such as a piece of work, task or duty.” Fulfill means “to achieve what was hoped for or expected or what is required or necessary.”(Oxford Advanced Learners English-Chinese Dictionarythe 6th Edition) Verb-formed synonyms are employed to better regulate the responsibility and rights of both Parties. Synonyms are used to achieve a purpose of emphasis, correctness and compactness.E.g.: The undersigned Sellers and Buyers have agreed to close the following transaction according to the terms and conditions stipulated below (ibid.: 12).Terms and conditions mean “a rule or decision that you must agree to, sometimes forming part of a contract or an official agreement.” Noun-formed synonyms are implied here to emphasize the conditions both Party should observe when they reach an agreement in the contract.1.1.5 PolysemyIn English language, many words have a feature of polysemy, the same word in different contexts has different meanings. In international sales contract, words have particular meanings, and they cant be understood by conventional thinking (Liu Changhua, 2008). The following words are commonly used in the sales contract.Action means the process of doing something to make something happen or to deal with a situation, while in international sales contract action means a legal process to stop a person or company from doing something, or to make them pay for a mistake. Alienation means making somebody less friendly or sympathetic towards you, whereas in contract it means transference.Dishonor means making somebody /something lose the respect of other people, yet in international sales contract it means not making the payment.Satisfaction means the good feeling that you have when you have achieved something or when something that you wanted happen does happen; while in contract it means compensation.E.g.: For payment: the whole set of documents must be sent to the bank for negotiation within four weeks after the date of shipment. Negotiation means formal discussion between people who are trying to reach an agreement, while in this payment terms, it is a kind of payment terms instead of the meaning of consultation.Neither party hereto shall assign this contract. Assign means to give somebody something that they can use, or some work or responsibility. Yet here assign means to say that your rights now belong to somebody else. It is a kind of transfer instead of send missions. Consequently, in international sales contract, grasping the words with a feature of polysemy is very imp