英語專業(yè)畢業(yè)論文---國際銷售合同的語言特色及其翻譯

1、<p>　　LINGUISTIC FEATURES AND TRANSLATION </p><p>　　OF INTERENATIONAL SALES CONTRACT</p><p><b>　　設(shè)計（論文）任務(wù)書</b></p><p>　　題目： 國際銷售合同的語言特色及其翻譯

2、 </p><p><b>　　基本任務(wù)及要求：</b></p><p>　　培養(yǎng)學(xué)生獨立檢索中外文資料的能力，初步具備搜集、整理、篩選信息資料的能力，初步掌握科學(xué)研究的基本方法，了解科學(xué)研究論文的寫作技巧與規(guī)范化要求。閱讀并充分理解商務(wù)英語銷售合同的語言特色及其翻譯。再較多地查閱關(guān)于商務(wù)合同語言特色以及翻譯原則，翻譯技巧評論著作后，撰寫出2500字的文獻

3、綜述；進一步搜集整理與論文有關(guān)的文獻資料，擴充查閱范圍。構(gòu)思論文框架，撰寫出論文提綱，向指導(dǎo)教師提交開題報告。分析、篩選已有的信息資料，提出研究設(shè)想與計劃撰寫論文初稿，完成5000單詞左右的英文論文的撰寫工作，然后反復(fù)修改，提交二稿、三稿、定稿及打印稿。論文應(yīng)做到主題明確，結(jié)構(gòu)合理，條理清楚，語言流暢。 </p><p>

4、;　　進度安排及完成時間：</p><p>　　1．2011年1月15日前 學(xué)生確定論文選題 </p><p>　　2．2011年1月21日—2011年3月11日 學(xué)生完成文獻綜述 </p><p>　　3．2011年3月1

5、2日—2010年3月18日 學(xué)生提交開題報告 </p><p>　　4. 2011年4月22日 提交論文第一稿 </p><p>　　5．2011年5月13日 提交論文第二稿

6、 </p><p>　　6．2011年5月27日 提交論文第三稿 </p><p>　　7．2011年6月5日 提交論文正稿 </p><p>　　8．2011年6月7日

7、 論文形式審查 </p><p>　　9．2011年6月 9日 學(xué)生公開答辯 </p><p>　　10．2011年6月11日 學(xué)生進行畢業(yè)論文第一輪答辯

8、 </p><p>　　11．2011年 6月18日 學(xué)生進行畢業(yè)論文第二輪答辯 </p><p>　　12．2011年 6月30日前 論文歸檔 </p><p

9、><b>　　Contents </b></p><p>　　Abstract(1)</p><p>　　Introduction(3)</p><p>　　1. Linguistic Features of International Sales Contract(4)</p><p>　　1.1 Lexi

10、cal Features(4)</p><p>　　1.1.1 Specialty(4)</p><p>　　1.1.2 Archaism(6)</p><p>　　1.1.3 Loanword(7)</p><p>　　1.1.4 Synonyms(8)</p><p>　　1.1.5 Polysemy(

11、9)</p><p>　　1.1.6 Creative new words(10)</p><p>　　1.1.7 Formal words(11)</p><p>　　1.2 Syntactical Features(11)</p><p>　　1.2.1 Uses of A Large Number of Adverbials(1

12、2)</p><p>　　1.2.2 Uses of Passive Sentences(14)</p><p>　　1.2.3 Uses of A Large Number of Declarative Sentences(15)</p><p>　　2. Translation Principles of International Sales Contra

13、cts(16)</p><p>　　2.1 Preciseness and Accuracy(16)</p><p>　　2.2 Norm and Appropriateness(17)</p><p>　　3. Translation Skills of International Sales Contracts(18)</p><p&

14、gt;　　3.1 Converting Method(18)</p><p>　　3.2 Adding Method(18)</p><p>　　3.3 Omitting Method(19)</p><p>　　3.4 Matching Method(20)</p><p>　　3.5 Splitting Method(21)&l

15、t;/p><p>　　3.6 Reorganization Method(21)</p><p>　　Conclusion(23)</p><p>　　Bibliography(25)</p><p>　　Acknowledgements(28)</p><p>　　Linguistic Features and

16、Translation </p><p>　　of International Sales Contract</p><p>　　Abstract：Since entering the 21st century, the global economy has been developing rapidly; the process of global integration is acce

17、lerated 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 pa

18、rticipating in international business activities; therefore contracts for international business English have become one of necessary tools for inter</p><p>　　Key words: sales contracts; business English; li

19、nguistic features; translation</p><p>　　國際銷售合同的語言特色及其翻譯</p><p>　　摘要： 進入21世紀以來，全球經(jīng)濟得到飛速發(fā)展，同時也加速了全球一體化進程。各國之間的貿(mào)易往來，特別是對外貿(mào)易，也變得越來越頻繁。改革的中國也正積極投身于國際經(jīng)濟貿(mào)易活動中，因此商務(wù)英語合同就成了各國之間的貿(mào)易往來，達成交易之必不可少的工具之一。與此同時，合

20、同已經(jīng)成為了規(guī)定雙方權(quán)利與義務(wù)的具有法律約束力的文件。 了解國際銷售合同的特點，更有利于與國外商人建立貿(mào)易關(guān)系。本文將綜合近十年來主要學(xué)者對國際商務(wù)英語銷售合同的詞匯特征，句法特征及其翻譯的研究理論。并對詞匯特征和翻譯技巧進行進一步的探討，深入了解商務(wù)英語銷售合同的語言特色及其翻譯，避免不必要的糾紛與爭端，從而更好地促進我國國際貿(mào)易的交流與合作。</p><p>　　關(guān)鍵字：銷售合同；商務(wù)英語；語言特色；翻譯&l

21、t;/p><p>　　Introduction</p><p>　　Since China having access to WTO, international business activities have been becoming pretty popular. International contracts, as the bridge of business communicat

22、ion 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&

23、;Yu xiaofang, 2009; Zhu Yi&Wang Yuehong, 2010 etc.). So having a good understanding of the features of contract, especially the </p><p>　　Steven H. Gifis has made a definition of contract in the Law Dict

24、ionary 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 o

25、f 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 lingui</

26、p><p>　　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, alte

27、ring 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 l

28、aw, and is protected and governed by the states’ law. It is also bound for both pa</p><p>　　1. Linguistic Features of International Sales Contract</p><p>　　Linguistic features include lexical an

29、d syntactic features. Generally speaking, for lexical level, words are analyzed and for syntactical level, sentences are construed.</p><p>　　Lexical Features</p><p>　　In the modern competitive w

30、orld, 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, ar

31、e commonly studied. What’s 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 transla

32、te the contract precisely.</p><p><b>　　Specialty</b></p><p>　　Specialty mainly means the special terms used in a subject or a certain field (Yuan Jianjun&Liang Daohua; 2009). The

33、se 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 w

34、ithout ambiguity and personal feelings, and then they have formed evident stylistic features gradually.</p><p>　　Specifically speaking, in the trade and economic contract, there exist a large number of trade

35、 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 Hong

36、lian, 2010).</p><p>　　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 g

37、roups. </p><p>　　Group E (Departure): EXW—Ex Works; </p><p>　　Group F (Main Carriage Unpaid): FCR—Free Carrier; FAS—Free Alongside Ship; FOB—Free On Board;</p><p>　　Group C (Main Ca

38、rriage Paid): CFR—Cost & Freight; CIF—Cost, Insurance & Freight; CPT—Carriage Paid to; CIP—Carriage & Insurance Paid to;</p><p>　　Group D (Arrival): DAF—Delivered At Frontier; DES—Delivered Ex Sh

39、ip; DEQ—Delivered Ex Quay; DDU—Delivered Duty Unpaid; DDP—Delivered Duty Paid.</p><p>　　FOB (Free on Board, named port of shipment) --- That is only to be used when the principal carriage of goods is by sea

40、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 th

41、e 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 </p><p>　　The unit price of Canvas Folding Cha

42、irs with Wooden Frame is US$ 12.00 CFR San Francisco (Wu Min&Wu Mingzhong, 2009: 12) </p><p>　　Trade term CFR is used here. From the price term, the composition of the price is evidently seen. Simultane

43、ously, 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.</p&g

44、t;<p>　　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.</p>

45、<p>　　For the terms about the assurance, there is total loss, general average, particular average, with particular average, with average, all risks etc.</p><p><b>　　Archaism</b></p>

46、<p>　　Archaism is often utilized in the international sales contract to manifest the formality of the contract. Archaism used in the contract is usually conventional and it’s one of the distinctive features of the

47、contract because it is not employed in other written English and oral English in the modern world.</p><p>　　The frequent using form of archaism is compound words which consist of adding several prepositions

48、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 fo

49、llowing: </p><p>　　Hereby= by means of this, by reason of this; Herein= in this;</p><p>　　Hereinafter= later in this contract; Herewith= with this;</p><p>　　Hereafter= a

50、fterwards; Therefrom= from that;</p><p>　　Thereof= of that; Whereas= considering that, but;</p><p>　　Whereby= by what, by which; Whereof=

51、 of what, of which etc.</p><p>　　In the Sales Contract of English writing for International Economic and trade Contracts (ibid.: 12), archaism is used in the following articles: </p><p>　　This S

52、ales 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.(ibi

53、d.: 10)</p><p>　　This Agreement shall begin on the date hereof (of this Agreement) and shall continue for 5 years thereafter (after that date) (ibid.: 8)</p><p>　　In the event of the death of an

54、y partner, this partnership shall not be thereby dissolved (be dissolved by that death) (ibid.: 9)</p><p>　　From these examples, archaisms are frequently employed as the articles should specify and stipulate

55、 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

56、makes the sentence more concise. Thus archaism is a good tool to use in the international sales contract.</p><p><b>　　Loanword</b></p><p>　　Loanword is also called borrowing word or

57、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

58、of them are assimilated by English, while some of them are still preserved (Ding Yang, 2004).</p><p>　　Words borrowing from French: suit, complaint, proposal, assurance, plaintiff, defendant, statute, verdic

59、t, warrant, bail, vice versa, force majeure (unforeseen circumstances), vis-à-vis (in comparison with) etc.</p><p>　　Words borrowing from Latin words: basis, declaration, register, state, ad hoc, pro ra

60、ta, 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

61、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.</p><p>　　E.g.: The arbitration shall tak

62、e place in the Plaintiff’s or Defendant’s country (ibid.: 4).</p><p>　　In this example, plaintiff means a person who makes a formal complaint against somebody in a court of law. Defendant means the person in

63、 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.</p><p>　　E.g

64、.: 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).</p><p>

65、　　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.</p><p>　　In the international sales

66、 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

67、 of which, using loan words express the conception more precisely.</p><p><b>　　Synonyms</b></p><p>　　In the international sales contract, synonyms are often appeared at the same time

68、. 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

69、). </p><p>　　According to the characteristic or property of the word, the synonyms used in the international sales contract can be divided into the following types: </p><p>　　Synonyms for noun:

70、terms and conditions; provisions and stipulations; agents and representatives etc. </p><p>　　Synonyms for verb: alter and change; bind and obligate; furnish and provide; conclude/make and enter into; acknowl

71、edge and agree etc.</p><p>　　Synonyms for adjective: null and void, sole and exclusive; final and conclusive; transferable or assignable etc.</p><p>　　Synonyms for conjunction: when and as etc.&

72、lt;/p><p>　　Synonyms for preposition: from and above; under and by; by and between etc.</p><p>　　E.g.: Each party to this Agreement shall perform and fulfill any of the obligations under this Agree

73、ment (ibid.: 3). </p><p>　　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.”

74、Fulfill means “to achieve what was hoped for or expected or what is required or necessary.”(Oxford Advanced Learner’s English-Chinese Dictionary—the 6th Edition) Verb-formed synonyms are employed to better regulate the r

75、esponsibility and rights of both Parties’. Synonyms are used to achieve a purpose of emphasis, corre</p><p>　　E.g.: The undersigned Sellers and Buyers have agreed to close the following transaction according

76、 to the terms and conditions stipulated below (ibid.: 12).</p><p>　　Terms and conditions mean “a rule or decision that you must agree to, sometimes forming part of a contract or an official agreement.” Noun-

77、formed synonyms are implied here to emphasize the conditions both Party should observe when they reach an agreement in the contract.</p><p><b>　　Polysemy</b></p><p>　　In English lang

78、uage, 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 can’t be understood by conventional think

79、ing (Liu Changhua, 2008). The following words are commonly used in the sales contract.</p><p>　　Action means the process of doing something to make something happen or to deal with a situation, while in inte

80、rnational sales contract action means a legal process to stop a person or company from doing something, or to make them pay for a mistake. </p><p>　　Alienation means making somebody less friendly or sympathe

81、tic towards you, whereas in contract it means transference.</p><p>　　Dishonor means making somebody /something lose the respect of other people, yet in international sales contract it means not making the pa

82、yment.</p><p>　　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.</p>&l

83、t;p>　　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. </p><p>　　Negotiation means formal discussion between people wh

84、o are trying to reach an agreement, while in this payment terms, it is a kind of payment terms instead of the meaning of consultation.</p><p>　　Neither party hereto shall assign this contract. </p>&

85、lt;p>　　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 mis

86、sions. </p><p>　　Consequently, in international sales contract, grasping the words with a feature of polysemy is very important to have a progressed understanding and is beneficial to the interpretation of t

87、he contract. </p><p>　　Creative new words</p><p>　　Many scholars have referred to the former characteristics more or less, although their researches of international sales contract are not so co

88、mprehensive. Some just mention part of it. Dating back to the formal studies, few scholars (Yang Peicong, 2006) have mentioned this lexical feature—creative new words or neologism. </p><p>　　As a general rul

89、e, neologism means a word or phrase which has recently been coined; a new word or phrase. But in the international sales contract, using creative new words does not mean making new words that are never seen before but me

90、ans combining two or more words together or adding prefix. Their meanings should be judged by the contexts. And these kinds of lexical words are often appeared in the field of economic trade, finance and so on.</p>

91、<p>　　The following listed words are familiarly seen in the international sales contract. Interest- free- loan: means that get loan without interest</p><p>　　Re-export: means that goods are exported t

92、o one country and then transferred to another country.</p><p>　　Non-delivered: means being not able to deliver the goods.</p><p>　　State-owned: means the ownership belongs to the state.</p>

93、;<p>　　Most-favored-nation treatment: means that the nation enjoys the most favorable treatment. </p><p>　　E.g.: Commodity Inspection: It’s mutually agreed that the Certificate of Quality and Weight i

94、ssued by the China Entry-Exit Inspection and Quarantine Bureau at the port of shipment shall be taken as the basis of delivery (ibid.:11).</p><p>　　Entry means an act of going into or getting into a place. E

95、xit means a way out of a building or to go out. When combined entry and exit together, it means getting into or going out of the frontier of the country.</p><p>　　Formal words</p><p>　　Internati

96、onal sales contract is the product of the combination of the business English, trade law and practice for international economic and trade, so the international sales contract is adopted written format to show its royalt

97、y, formality and grandeur. Using written format means applying formal words or big words.</p><p><b>　　E.g.: </b></p><p>　　Informal Words Formal Words</p

98、><p>　　Begin/start Commence</p><p>　　End/Finish Terminate</p><p>　　About With regard

99、 to</p><p>　　In case of In the event of</p><p>　　Before Prior to</p><p>　　Explaining/Interpreting

100、 Construe</p><p>　　According to In accordance with</p><p>　　From the table, the later words are more formal than the former words, because the former

101、words are usually used in oral English and easy to be understood, and then are apt to communicating with each other. However, contract is a kind of legal document, instead of using informal words, formal words should be

102、employed to show its respect and importance. Therefore, when contract is drafted, formal words should be utilized. </p><p>　　These lexical features have formed one of the distinctive linguistic features of s