Legal documents，including statutes，agreements，contracts etc．，are written in a style of English known as“legal English” ，“legal language”or“language of the law” ．This variety of English is developed on the basis of common English but it also has its own characteristics specifically related to the legal profession．It has its own terminology and is characterized by accuracy and preciseness．Such a style of legal English is sometimes known as“frozen style” ．The language of legal documents should meet strict requirements in lexical，syntactical，textual structures．Therefore the translator should take these stylistic features into consideration in order to do a good job in his translation．

7．1. 1. 1　Lexical features of legal documents and their translation法律文献的用词特点及其翻译

Legal documents are very particular about the preciseness and formalness in diction in order to avoid ambiguity．In translation of lexical items in legal documents，we should be very careful about the concision and smoothness of the Chinese version．Besides，we should pay attention to the wording so as to ensure the preciseness of the expressions．The following are some key points in this respect，which we should keep in mind in translating legal documents．

1)Choose standard legal terms and keep the style appropriate

In legal documents，specialized legal terms are often used instead of common words，including those legal jargons and set phrases that are no longer used in other varieties of English．In the translation of legal documents，we should take care to use standard legal terms as much as possible．In addition，in consideration of the formal style of the wording in legal documents，we should refrain from using colloquial words in preference to formal words as far as we can．In order to achieve the solemnity in wording，we can choose，when necessary，traditional Chinese expressions in translation．

The bank authorised by the holder to receive payment shall be liable only for crediting the sum on thebill to the holder ＇s account according to the items specified in the bill．The bank which the drawee authorised to make payment shall be liable only for paying the sum on the bill from the drawee＇s account according to the items specified in the bill．

　受持票人委托进行收款的银行的责任限于按照汇票上记载的事项将汇票金额贷记入持票人账户。受受票人委托付款的银行的责任限于按照汇票上记载的事项从受票人账户支付汇票金额。

Comments The word“holder”in the original text can only be rendered as持票人instead of持有人，“credit”as贷记instead of信用，“drawee”as受票人，and“bill”as汇票instead of账单in line with the legal terminology．

In consideration of you making a loan available to the Borrower:　　，we hereby issue this Guarantee for the account of the Borrower and agree as follows…

　鉴于你方向借款人:　　提供了一笔贷款，我行特此为借款人出具保函并保证如下……

Comments In translating the above fragment of a legal document，the translator is very careful in his choice of words for the Chinese version，especially with regard to the rendering of the underlined parts of the original: instead of using考虑到to render“in consideration of” ; the translator chooses鉴于which is more formal and more commonly used in similar official legal documents in Chinese; the translator chooses你方which is a legal term in preference to你们which is more informal．The same is also true of借款人instead of借钱人，保函instead of保证人and出具instead of写．“Hereby”in the original is a typical frozen-style word which is seldom used in common English．So the translator chooses特此which is of an equivalent stylistic effect in Chinese．As a result，the Chinese version is faithful to the original not only in meaning but also in style．

In witness whereof，the Bank has caused this Guarantee to be executed by its duly authorized representative on the datefirst above written．

　我行已派遣充分授权的代表于前述日期签署此保函，以资证明。

Comments This is the concluding sentence of a bank guarantee (银行保单)．“In witness whereof”is a cliché commonly used at the end of a legal document to offer proof for a legal matter．This is an archaism which should be translated into the same style．We can render it as以资证明．“First above written”is also a cliché which can be translated as前述的．“Has caused this Guarantee to be executed”is an official way of saying“sign this Guarantee” ．We should not take it for granted by translating as“执行这一保单” ．“The Bank”is a modest reference to the issuer of this Guarantee，which can be translated as我行．

I，undersigned，hereby certify that the goods to be supplied are produced in Japan．

　下列签署人兹保证所供之货物系在日本国内制造。

Comments In the above English sentence ，“I”refers to the signatory of the certificate，which is a legal person．So“I”should not be translated as我．In this example ，“hereby”is translated as兹which is the same as特此in meaning and in style．Besides，the Chinese version uses traditional Chinese word之and系to achieve a formal and official style．

This Law is formulated for the purpose of standardizing negotiable instrument acts，protecting the legal rights of parties concerned in negotiable instrument activities，maintaining the socialist market economy．

　为了规范票据行为，保障票据活动中当事人的合法权益，维护社会主义市场经济的发展，制订本法。

Comments Such words as“formulate” ，“standardize” ，“maintain”are very formal bookish words．In addition，such words as“in accordance with” ，“in consistency with” ，“in compliance with”which are very formal words often appear in legal documents，while in ordinary English，the same meanings are expressed by“according to” ，“be consistent with” ，“comply with”which are less formal．

In order to render legal terms accurately and appropriately，the translator should have a knowledge of legal profession．English lexicons are rich in meanings．One word often carries different senses in a variety of field．As is shown below，many ordinary words have different meanings in everyday English and legal English．If we do not know this distinction，we are apt to make mistakes in legal English translation．

In this connection，another interesting phenomenon is that many legal terms occur in pairs．The knowledge of this regularity is helpful to the proper translation of legal English．

offerer要约人　　　offeree受约人

　mortgagor抵押人　mortgagee承受抵押人

　pledgor质押人　　pledgee承受质押人

　indorser背书人　 indorsee被背书人

　insurer保险商　　insured投保人

　accuser控方　　　accused被告

2)Use abbreviations in legal documents

Abbreviations are frequently used in legal English to achieve concision．These abbreviations are often shorthand forms of legal jargons．So in translating legal documents，the translator should be well acquainted with the meanings of these abbreviations or he can turn for help to specialized glossaries or dictionaries of abbreviations of legal terms．The following are some examples of commonly used abbreviations in legal documents．

3)Adhere to the principle of“consistency”of legal terms

The precision of diction is highly emphasized in legal documents．By contrast，the variety of diction，i．e．the use of alternative words that denote the same concept is not advocated．As a result，it often happens that the same word may be repeated in a text，a paragraph or even a sentence time and again．This is the principle of“consistency”in the use of legal terms．This principle is intended to ensure precision against possible ambiguity or vagueness．This principle should also be followed in legal translation．Except when necessary，the repeated word in the original English text should also be rendered into a Chinese word．

Housing loans，whether secured with uncompleted or completed buildings，are those under which mortgagor warrants that mortgagee is the first beneficiary of the mortgage and that mortgagor will fulfil all obligations hereunder．

　楼花和现房抵押(按揭)贷款的抵押(按揭)人保证该抵押(按揭)贷款的第一受益人是抵押(按揭)权人且抵押(按揭)人将保证履行本合同全部条款。

Comments“Mortgagor” ，“mortgagee”and“mortgage”can be translated as抵押人，抵押权人，抵押贷款，or they can be translated as按揭人，按揭权人，按揭贷款．Choosing whether the first group of renderings or the second group，we should keep the consistency of the Chinese rendering throughout this legal document in compliance with the principle of the“consistency”of legal terms．It is not allowed of translating“mortgagor”first as抵押人，and then as按揭人．Otherwise，there might be vagueness as a result．

4)Ascertain the meanings of the original words in accordance with relevant professional knowledge and context

The wording of legal documents is precise and strict．In translating legal documents，we should not take the meaning of the original words at face value．The translator should be versed in basic legal knowledge and infer the meaning in accordance with relevant professional knowledge and surrounding context．

We regret to inform you that there is short weight of 4. 5M/Tonly．Therefore，we lodge a claim against you for the short weight of 4. 5M/T as follows…

　我们遗憾地通知你们，(来货)短缺4. 5公吨整。因此，我们就此短缺4. 5公吨一事提出索赔如下……

Comments In the above fragment of a legal document which lodges a claim for a short weight of cargo，the meaning of“only”is very subtle．We should not take it for granted that“only”simply means仅仅．Otherwise this meaning will constitute a logical contradiction with its context: If the short weight is“only”4. 5 M/T，why should“we”bother to lodge a claim for this loss？This interpretation of“only”will leave a pitfall which might be taken advantage of by the other party against this claim for loss．As a matter of fact，here“only”means“no more or less than”(整整/正好)．That is why“only”is put behind the noun it modifies．

In some statutes，regulation，agreements，contracts or other types of legal documents，the text is organized in clause-by-clause manner．The contents of these articles are interlinked and interlocked with each other．In this case，the translator must bear in mind the entire context when translating individual words and phrases so as to render their exact contextual meaning properly．

Subject to the provisions of Clause 9. 3. 5 liquidated damages for which the Contractor is liable under Clause 9. 3. 2　shall be calculated in accordance with the following．

　承包方按9. 3. 2条款中有责任支付的预定违约罚金采用下述方法计算。进一步的规定在9. 3. 5条款中给出。

Comments If the translator does not consider the content of Clause 9. 3. 5，it is hard to ascertain the meaning of“Subject to”in this sentence．Note that the content of Clause 9. 3. 5 is as follows:

Notwithstanding the provisions of Clause 9. 3. 2　and 9. 3. 4　the Contractor ＇s total liability for liquidated damage under those clauses shall not exceed% of the Contract Price and…

It turns out that the content of Clause 9. 3. 5 sets further restriction on the Contractor＇s total liability for liquidated damage，i．e．Clause 9. 3. 5 stipulates the highest limit of the total liability．

7．1. 1. 2　Syntactical features of legal documents and their translation法律文献的句法特点及其翻译

One of the problems in translating legal documents is the handling of complicated syntactical structures．The first step in the precise understanding of the original and the faithful representation of its meaning in the Chinese version is to make a thorough syntactical analysis of long and complicated sentences in a legal document．

1)Use of“shall/may”in legal documents

The structure of predicate verbs in legal English is relatively simple．Since legal documents are mainly intended to stipulate what ought(not)to be done and what can(not)be done，apart from the use of the simple present tense，the most commonly used structures of predicate verbs in legal English are as follows:

shall(should)+ verbmay(might)+ verb

In translating these structures，the translator should try to keep the Chinese version in conformity to the English source text with regard to the tone of sentences．

This Guarantee shall become effective on the date hereof and shall expire on date of the Loan Agreement．Following each repayment of principle under the Loan Agreement，our liability hereunder shall be reduced accordingly．Our liability hereunder shall not be affected by…

　本保函自开立之日起生效，直至失效。随着贷款协议项下本金的每一期偿还，我行的担保责任亦相应递减。我行在本保函项下的担保责任将不受下列事件的影响……

Comments In this excerpt，the sentences all contain“shall + verb”predicate verb structure．

No allowance of time by you or any other act or omission by you which for this provision might exonerate or discharge the Bank shall in any way release the Bank from any liability hereunder．

　你方所允许的时限或做出的任何行为或发生的疏漏，尽管可能免责或解脱银行，都不能解除银行的此项责任。

Comments“Might”in this sentence suggests a possibility．It should not be translated as可以．“Shall in any way”in this sentence expresses a permission，so it is translated as不能．

2)Structural characteristics in legal documents

The chief characteristic of sentential structure in legal English is their lengthiness and complicatedness．The sentences in legal English tend to be extraordinarily long and complicated，consisting of a string of clauses，phrases at different ranks．To translate such a long run-on sentence in legal English，the translator should first make a thorough analysis of the internal structure and logical relations within the sentence，identifying the progression of ideas from beginning to end．Then the translator should divide this long sentence into a number of small units according to Chinese syntactical characteristic，each of which is then translated into a Chinese short sentence．Finally，these short sentences should be rearranged in a proper order．

①On the Supplier ＇s failure of the faithful performance of all the contract documents and modifications，amendments，additions and alterations thereof that may hereafter be made，②including replacement and/or making good of defective goods(hereinafter called the failure of performance)as determined by you and notwithstanding any objection by the Supplier，③the Bank shall，on your demand in a written notification stating the effect of the failure of performance by the Supplier，④pay you such amount or amounts as required by you⑤not exceeding in aggregate amount of guarantee in the manner specified in the said statement．

　①如果供货方未能按合同及其后可能做出的合同变更、合同修改、合同变动，②包括对不合格商品的更换或修补条款履行责任(以下简称违约)，违约由你方认定，而供货方对此提出的异议无效，③则我行在收到你方指出供货方违约的书面通知时，④向你方支付索赔书上所要求的一笔或数笔款项，⑤但不超过本保函担保的总金额(担保金额)。

Comments: This is a typical long sentence in legal document．But under close examination，we can see it contains primarily two adverbial phrases(On the Supplier＇s failure of…; on your demand…)which state the conditions of the Bank＇s paying the amount of guarantee，and a main clauses which states that the Bank will pay the amount of guarantee．These phrases and clauses contain respectively internal clauses and phrases．In view of this analysis，we divide this sentence into 5 units(see the marked numbers)which are translated and rearranged in the original order．

①If an applicant claims that a required document is forged or materially fraudulent②or that honour of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant，③a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honouring a presentation④or grant similar relief against the issuer or other persons⑤only if the court finds that…

　①如果申请人宣称某项必要单据属于伪造或具有实质上的欺诈性，②或者兑付提示将为受益人对开证人或申请人进行实质性欺诈提供便利，⑤只要法院发现下述情况，③有管辖权的法院可以暂时或永久禁止开证人兑付某一提示，④或者针对开证人或其他人采取其他类似的补救方法……

Comments This long sentence also consists mainly of two adverbial clauses of condition(If an applicant claims…; only if the court finds that…)and a main clause．The first adverbial clause contains two coordinate object clauses．The main clause contains two coordinate predicates．Accordingly this sentence is broken up into 5 parts，each of which is translated into a Chinese short sentence．The last clause(marked with number⑤)is moved ahead in the Chinese version in accordance with the logical order of Chinese sentences．

Any clause，covenant，or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to，or in connection with，goods arising from negligence，fault，or failure in duties and obligations provided in this article or lessening such liability otherwise than provided in these rules shall benull and void and of no effect．

　运输契约中任何条款、约定或协议，凡解除承运人或船舶由于疏忽、过失或未履行本条款规定的责任和义务，因而引起货物或关于货物的丢失或损害责任的;或在本公约以外减轻这种责任的，都应作废或无效。

Comments As is shown in this example，there are often coordinate elements(the underlined parts)for the purpose of precision and accuracy．These coordinate elements tend to be bewilderingly complicated，blurring the structure of the sentence．So the translator should first identify the main clause in the sentence and infer the interrelationship between the coordinate elements before translating the whole sentence．Take this sentence for example，the main clause is“Any clause，covenant，or agreement…shall be null and void” ．And“relieving”and“lessening”introduce respectively two subordinate clauses of restrictive condition．On the basis of this structural analysis，the translator can perceive various semantic relations within this long sentence．

3)Use of conditional clauses in legal English

In legal English，there is a rich use of conditional clauses to set restriction on certain matters．In the same legal document，different ways of expressing conditions are often used to avoid redundancy．The following are some common conditional expressions in legal English:

In case of transfer，document No．　　is no more required provided that the Bank of China，Lianyungang certifies it has transferred the credit．

　如果进行转账，只要中国银行连云港支行证明该行已进行转账操作，就不再需要第　　号文件。

Comments This sentence contains two conditional clauses introduced respectively by “in case of” and“provided that” ．Accordingly，they are translated respectively as如果and只要．

Where statute operates in the law of torts，its function is usually to reform or to limit the common law．

　如果成文法在民事侵权行为法律范畴内运行，其功能通常是改良或限定不成文法。

Comments Here“where”actually introduces an adverbial clause of condition．So it is equivalent to“if”in function．

4)Use of passive voice in legal English

Passive voice is extensively used in legal English．This is because in a passive sentence，the object of discussion is put in a prominent position which can draw readers＇attention．Besides，a passive sentence is flexible in structure that allows for free extension of its information．Furthermore，a passive sentence is relatively formal and solemn in correspondence to the stylistic feature of legal English．

The advising bank is requested to notify the beneficiary without adding their confirmation．

　我们(开证行)请求通知行通知受益人而没有增加他们的保兑。

Comments Since passive sentences are not so often used in Chinese，this sentence is translated into an active sentence by adding a subject我们in Chinese．

5)Use of formulaic expressions

The translation of legal documents should comply with the formulaic expressions used habitually in such documents．Since legal English strives for accuracy to avoid ambiguity，there are often formulaic expressions that have been patterned in legal English．In translation，such formulaic expressions should be converted into their Chinese equivalents that are so patterned．

We the undersigned hereby certify that…

　签名如下以示证明……

Wang Gang and Li Xia are hereby married of their will．Upon due examination it is found in conformity with the articles of…

7．1. 1 Legal Translation法律翻译

7．1. 1　Legal Translation法律翻译