选题理由
Laws are established by the state to regulate social relationships They serve to recognize, protect, and develop these relationships while maintaining social order Ultimately, laws are essential for guiding individual behavior and managing societal interactions.
Legal language is a crucial tool in the law, holding significant importance in societal interactions Similar to various literary styles, legal language possesses its own unique characteristics As a security officer in Vietnam and an enforcement agent, it is essential to effectively utilize legal language to clearly articulate violations, their severity, and consequences, thereby instilling a sense of legal deterrence in offenders This awareness helps individuals recognize their mistakes and the legal responsibilities they must bear Additionally, effective communication during the penalization process is vital Without strong legal language skills and proficient communication techniques, my work would be severely hindered, impacting the quality of my performance Therefore, it is imperative to master legal regulations and accurately apply legal language, particularly in criminal law, to fulfill my duties effectively.
Legal language translation demands stricter standards than general translation In addition to meeting typical translation requirements, translators must navigate the differences in language, culture, and legal systems while adhering to legal conventions The primary goal of translating legal texts is to fully comprehend the specialized legal meanings inherent in the original document.
研究目的及任务
研究目的
This paper draws on previous theories and research in linguistics, alongside personal investigations, to explore the linguistic characteristics within the legal field The aim is to clarify the distinctive features of modern Chinese legal language.
This article explores the interrelationship between Vietnamese and Chinese legal language, highlighting the impact of their contact It aims to provide valuable reference material for specialized research in legal language studies.
研究任务
(1) 综述法律语言以及阐述有关的研究现状；
This article analyzes the characteristics of modern Chinese legal language by examining the features of words and sentences, aiming to summarize its distinct traits.
The study connects its findings to the legal language of Vietnam, highlighting both the corresponding and non-corresponding expressions between the two.
(4）研究与分析法律语言汉-越翻译问题并提出建议。
研究对象及范围
本文的研究范围为：
(1) 中华人民共和国和越南社会主义共和国 2015 年刑法词语。
研究资料及方法
研究方法
(1) 使用例证法列出现代汉越语法律语言的词语及句类。
(2) 使用分析法对现代汉越语法律语言中词语及句类的结构进行分析。
(3) 使用对比法对汉越法律语言进行对比，指出汉越法律语言之 间的异同。
In addition to the aforementioned research methods, I also employed statistical analysis, descriptive methods, and inductive reasoning to conduct my study.
论文的创新点与研究意义
论文的创新点
Legal language serves as a crucial medium for communication between law enforcement officials and individuals involved in cases, while also being the most effective tool for implementing interrogation strategies and methods It not only embodies the nation's laws and policies but also reflects the competence and overall quality of law enforcement personnel Therefore, this study aims to explore and analyze the significance of legal language.
This paper explores the adaptability of modern Chinese legal language, analyzing its linguistic characteristics, including style, word choice, and grammar Additionally, it compares these findings with corresponding terms and sentences in Vietnamese, highlighting the similarities and differences between the two languages, thereby providing a new perspective for research in this field.
This study aims to broaden the comparison of Chinese and Vietnamese legal language beyond the commonly discussed characteristics and terminologies By examining the vocabulary, sentences, terms, and offenses within criminal law, the research seeks to provide a more comprehensive and holistic understanding of the contrasts and similarities in Chinese and Vietnamese legal language.
Any research relies on clarifying fundamental concepts This paper focuses on defining the terms "legal language" and "jurisprudential language." "Legal language" has been in use for over two thousand years, evolving significantly over time As the relationship between law and language has been increasingly explored, the meanings and implications of this term have undergone unprecedented changes.
According to modern legal theory, "law" refers to the legislative texts enacted by the state and the legal documents produced by officials representing the state's judicial authority during the judicial process, which possess legal validity In contrast, "jurisprudence" encompasses the various scientific activities that study legal phenomena.
The term "recognition of achievements" encompasses the entirety of knowledge and theoretical systems related to legal issues As such, jurisprudence serves as an overarching concept, while law is a subset, indicating that law represents merely one branch of legal studies.
"Legal language" refers to the language used within legal systems, representing a specific concept, while "jurisprudential language" encompasses the theoretical and conceptual aspects of legal thought Therefore, the study of legal language is a subset of the broader examination of jurisprudential language and its implications in legal research.
The translation of legal terminology reflects the translator's sensitivity to professional knowledge and their level of expertise, as they navigate the differences between common and specialized meanings of words due to cultural distinctions The inherent conflict between the general and professional aspects of legal language often blurs the lines between ordinary and technical meanings Ultimately, legal translation serves as a crucial means of communication between speakers of different languages within varying legal systems, highlighting a key focus of this paper.
This paper contributes to the theoretical understanding of modern Chinese legal language by examining the current criminal laws of China and Vietnam Additionally, it analyzes and highlights the similarities and differences between the legal languages of China and Vietnam.
研究意义
Legal language research is a science that holds both theoretical and practical value In practical studies, it is essential to move beyond conventional word and phrase analysis, adopting a holistic perspective to develop a unique framework that aligns with the characteristics of legal language.
This thesis represents the first comprehensive and systematic study of the characteristics of modern Chinese legal language in Vietnam It explores the relationship between law and language, analyzes the vocabulary and sentence structures of contemporary Chinese-Vietnamese legal language, and highlights the similarities and differences in legal language between Chinese and Vietnamese.
This research paper will benefit Chinese language teaching and legal studies by enhancing learners' understanding of both Chinese and Vietnamese legal systems Upon completion, it will serve as a valuable reference for Vietnamese Chinese language education, particularly in the context of legal language research and instruction.
论文结构
This paper is structured into four main chapters, in addition to the table of contents, introduction, conclusion, references, and appendices.
Chapter One provides an overview of research related to legal language and its theoretical foundations Chapter Two examines the terminology of the Criminal Law of the People's Republic of China from 2015 in relation to that of the Socialist Republic of Vietnam.
2015 年刑法词语特点对比
第三章: 中华人民共和国 2015 年刑法句子与越南社会主义共和国
2015 年刑法句子特点对比
第四章：现代汉语法律语言越译问题。
法律语言相关的研究概况及理论基础
法律语言相关的研究概况
Legal linguistics is an emerging interdisciplinary field that primarily focuses on the application of language within the legal domain Its research findings hold significant practical value in everyday life, highlighting its importance While legal linguistics has matured in foreign countries, recent years have seen a surge of interest in this area in China and Vietnam, where scholars are actively discussing challenges related to the establishment of a disciplinary framework for legal linguistics and placing considerable emphasis on the study of legislative language.
The legal history of each country can also be viewed as a history of its legal language The legal traditions of both Eastern and Western cultures demonstrate that the evolution of any legal system, from its inception to its ultimate refinement, incorporates beneficial elements from other legal systems, including the adoption of legal terminology and everyday language from those systems.
To enhance the overall quality of legal language, the study of legal language is an essential task Through specialized research in the legal field, we can summarize experiences, clarify the focus of legal language studies, and promote the healthy development of legal language research.
1.1.1 世界上的相关研究概况 人类社会对于法律语言这一问题的关注最早可以追溯至19世纪。美
国学者 W.C Robinson 在研究过程中，对法律语言范畴下词语的适用问
题、文风体例的特征问题进行了详尽的论述，并形成了 Forensic Oratory
In 1898, a seminal work was published that is widely regarded as the foundation of legal linguistics research Hattenhawer contributed to this field with his 1968 publication, "On the History of German Legal Language and Statutory Language." His study focused on the German language, analyzing the evolution of legal language across different periods and the German government's regulatory demands on legal terminology.
David Mellinkoff, an American legal linguist, conducted significant research in the field of legal linguistics, culminating in his influential work, "The Language of the Law." This study explores the intricate relationship between language and legal concepts, providing valuable insights into the nuances of legal communication.
The article discusses the origins of legal language, providing a systematic summary and analysis of the distinct structural characteristics of legislative language, judicial language, and legal terminology.
Most prominent legal linguists in the West are also legal scholars, and they have presented similar viewpoints regarding legal language Law consists of a specific vocabulary and is fundamentally a linguistic profession The fulfillment of duties within the legal profession often relies on persuasive communication grounded in language Scholars like Peter Tiersma emphasize this connection between law and language.
者 Laurence L.Solan 在对话中就曾系统阐述了西方法律语言学界对法律、
语言二者之间关系的主要观点。具体如下。
The development and evolution of law are fundamentally achieved through language Therefore, legal professionals must pay significant attention to the language that conveys legal concepts.
Research on modern legal language can be traced back to the 1970s, but organized studies began in the 1990s Since then, numerous findings related to legal language have emerged, significantly advancing the field of legal linguistics Scholars from both the legal and linguistic communities have contributed to this progress, leading to the formation of dedicated research groups focused on legal language Additionally, major developed countries with established legal systems have established their own specialized research associations.
及至上世纪 80 年代中后期，法律语言研究学界针对单一法律词语、 句法的研究，也逐步拓展到法律文体、法律语言文化的研究范畴之中。 从法律语言学研究所服务的领域来看，也从单一的司法领域扩张到了社 会生活的方方面面。
诸 如 F.Bowers (1989) 、V.F.Vasquez and R.Gonzalez (1991)、 M.Solan (1993), S.Sarcevic (1997)、E.A.B.Hughes (2002)、Deborah Cao
(2007) 等著名法学者或法语言学者也均出版公布了自身的语言学专著
研究。相关研究，一方面针对不同法律职业主体进行研究。例如法官主
The article explores the roles of various legal entities, including the body, the lawyer, and the prosecutor, while also examining different types of legal documents such as trial records, judgment documents, indictments, and appeals.
Notably, scholar Peter Goodrich's work "Legal Discourse" offers a comprehensive examination of legal language In this study, the author systematically discusses the specific structures of various categories of legal documents while exploring relevant research from the perspectives of discourse analysis, semantics, pragmatics, and legal theory Throughout his research, Goodrich also provides a thorough analysis of the characteristics and interpretative methods of legal documents Additionally, there has been a growing presence of significant scholarly articles on legal language in academic journals from developed countries in recent years.
Western legal scholars have developed a systematic and scientific discipline of legal linguistics In the early 1990s, the International Association of Forensic Linguists was established, and countries like the UK and the US have produced a number of distinguished researchers in the field of legal language, including Malcolm Coulthard, Peter French, Judith Levi, and Diana Eades.
The researchers in legal linguistics apply their principles to legal practice, significantly influencing the drafting of legal documents and enhancing courtroom skills for lawyers and clients In common law countries like the UK and the US, legislation often takes the form of case law, which directs the focus of legal language studies towards judicial practice.
1.1.2 中国法律语言的研究概况
本课题相关的理论基础
Language originated with the dawn of human society and has evolved alongside it It serves as the most convenient and effective communication tool, playing a crucial role in coordinating social activities and relationships A language represents a collective treasure of the people who use it, equally benefiting all speakers However, various social classes, strata, and groups within the society continuously influence the language, shaping its development and usage.
Differences in language use lead to distinct characteristics that evolve into specific linguistic features across various fields, categories, industries, and disciplines In the realm of legal science, these unique language traits manifest as legal language, which is integral to the practice and implementation of law.
1.2.1.1法律语言的认知
Legal language serves as a means to express legal meanings, and developed Western countries have established the field of "legal linguistics." Researchers, primarily lawyers, judges, and scholars proficient in their native languages, produce highly applicable findings The focus of this research has shifted from the construction of legal language as a discipline to its practical application in real-world contexts.
Since the late 19th century, there has been unprecedented attention from both Eastern and Western academic circles on the relationship between law and language Legal scholars recognize that legal language is indispensable in the study and practice of law Consequently, the contemporary legal community has reached a consensus that what is commonly referred to as "jurisprudence" can also be understood through the lens of legal language.
Legal linguistics underscores the principle that the governance of law is rooted in the precision of language To advance our research, it is essential to clarify the distinctions between "legal language" and "law language," as well as between "historical legal language" and its contemporary counterparts.
“现行法律语言”几个概念内涵的异同。
1.2.1.2 法学语言与法律语言
In the study of legal language, academia often intertwines the terms "jurisprudential language" and "legal language." The term "legal language" refers to a communal language shaped by a nation’s linguistic heritage, which has evolved over a significant historical period and serves a social function in legal activities This communal language encompasses both spoken and written forms, including "legal language" in a broader sense and a narrower interpretation of "legal language." The distinction between these terms is heavily influenced by Western postmodern thought, leading to a shift from jurisprudence analysis to legal linguistics Consequently, the relationship between law and linguistics has been a focal point of scholarly attention for an extended period.
The study of legal language has evolved alongside the exploration of the relationship between law and language, leading to the emergence of new disciplines that contribute to this research Additionally, the distinction between law and legal studies has become increasingly clear within the academic framework.
The relationship between legal language, grounded in law, and jurisprudential language, rooted in legal theory, is undergoing significant changes in terms of concepts and scope However, legal language cannot fully encompass jurisprudential language Therefore, it is essential to distinguish the specific relationship between the two at both the linguistic and legal levels.
The concept of "law" in modern Chinese society encompasses various aspects of legal thinking, including legal philosophy, legal history, socio-economic law, comparative law, and legal textual interpretation According to legal scholar He Jinhua, the notion of "law" within the Chinese legal system primarily includes "law studies" and "criminal law studies." The former focuses on legal philosophy and administrative law, while the latter emphasizes the interpretation of criminal law provisions and logical analysis.
According to the definitions in the Dictionary of Terms, "law" primarily refers to constitutional legal documents and ordinary legal texts The Modern Chinese Dictionary defines it as a set of behavioral guidelines issued and formulated by the national legislative authority In legal studies, the term encompasses a scientific discipline focused on the study of state law or legal sciences, excluding the term "law" itself However, contemporary research works, including those on legal philosophy, legal hermeneutics, legal culture, jurisprudence, comparative law, and legal reasoning, predominantly use the term "legal language." There are even instances where "law" and "legal studies" are used interchangeably.
The study of the relationship between law and language should extend beyond the analysis of written texts to encompass the evolution of legal language over time It is essential to explore the ideologies, characteristics, and principles embedded in different legal languages Additionally, attention must be given to the political, economic, and cultural factors that influence language phenomena in this context.
The study of the relationship between law and language requires more than merely explaining legal concepts through legal language, as this approach lacks rigor "Legal language" should objectively encompass both the broader "jurisprudential language" and the narrower "legal language." The former focuses on theoretical research into legal language, while the latter specifically refers to the language used in legislative documents.
The relationship between rights and obligations can be summarized as a connection between principles and instruments This dynamic highlights how the establishment of rights is intertwined with the specification of duties, emphasizing the balance necessary for effective governance and social order.
Legal language can be understood from a broad perspective, encompassing two main aspects: the language of "law" and the language of "jurisprudence." However, this distinction is somewhat simplistic and lacks the necessary rigor and scientific basis.
The concept of "jurisprudence" within the field of legal studies encompasses a broader scope than merely "law." Therefore, the language of jurisprudence should inherently include two key aspects: first, the theoretical language used to discuss, express, or interpret legal issues; and second, the descriptive language employed in legal statutes and regulations.
中华人民共和国 2015 年刑法 与越南社会主义共和国 2015 年刑 法词语特点对比
从词语的结合方式的角度上看中华人民共和国 2015 年和越南社会主 义共和国 2015 年刑法词语的特点
2.1.1从词语的组合方式的角度上看中华人民共和国2015年刑法词语的
This article examines the characteristics of legal language in Chinese from the perspective of word formation, using a sample of 45 pages from the 2015 Criminal Law of the People's Republic of China It is well-known that Chinese words can be formed by combining one or more morphemes in a specific order Words formed from a single morpheme are termed simple words, while those created from two or more morphemes are known as compound words The analysis reveals that compound words are the most frequently used in the 2015 Criminal Law of the People's Republic of China, as detailed in the following table.
第1表：从词语的组合方式的角度上看中华人民共和国2015年刑法词语
词的组 合方式 中国刑法
例子 出现计数 比率（%） 单纯词 或，和，与 1425 31,38
In 1917, the legal framework categorized properties and penalties with a significant emphasis on the amounts involved, totaling 26.91 The formal checks within the criminal justice system, identified by a count of 1428, highlighted the importance of documentation, accounting for 20.05 Additionally, the distribution of fines and sentences related to spouses was recorded at 690, representing 9.68 Lastly, compound terms in legal contexts, particularly those addressing aggravated circumstances in serious cases, amounted to 234, which is 3.28.
陈述式 民主，法定，自首 87 1,25 附加式 人员，分子，以下 531 7,45 重叠式 人人 03 0,23
In our analysis of the statistics, we found that in the Criminal Law of the People's Republic of China from 2015, the frequency of compound words surpassed that of simple words, accounting for a significant 69% of the examined vocabulary.
（一）单纯词 单纯词使用频率颇少，而且单纯词为实词的极少，除了“本”、
In addition to words like "have," most standalone words are function words, such as adverbs that modify verbs and adjectives, including "already" and "will." Prepositions like "with," "to," and "and," as well as conjunctions like "and" and "or," primarily serve to indicate grammatical relationships and meanings.
Compound words in Chinese are formed by combining two or more morphemes that maintain a grammatical relationship By analyzing these relationships, we can categorize Chinese compound words into different types, including coordinate structure compounds and subordinate structure compounds.
中华人民共和国刑法中常见的偏正结构的合成词：轻视、高涨、 外犯。
Common compound words with parallel structures in the Criminal Law of the People's Republic of China include terms such as "buy-sell," "things," "back-and-forth," "before-and-after," "promise," "according to," "investigate," and "rely on."
To convey the summarization of documents, the Criminal Law of the People's Republic of China tends to utilize compound words with a parallel structure.
2.1.2从词语的组合方式的角度上看越南社会主义共和国2015年刑法词 语的特点
为了了解越南法律语言词语的特点，我们对越南社会主义共和国
An examination of the terminology in the 2015 Criminal Code provides valuable insights for comparative analysis By analyzing the unique characteristics of Vietnamese legal language, particularly in terms of word combinations, we gain a deeper understanding of the linguistic features inherent in the socialist legal framework of Vietnam.
和国 2015 年刑法任意取出 45 页作为调查样本进行考察。
An examination of the terminology in the 2015 Criminal Code of the Socialist Republic of Vietnam reveals that compound words are the most frequently used terms For detailed statistics, please refer to Table 2.
第2表：从词语的组合方式的角度上看越南社会主义共和国2015年刑法
词语的特点 词的组 合方式 越南刑法
例子 出现计数 比率 （%） 单纯词 luật（规定）, điều
（条）, quyền（权）， cấm（禁止）, và（和）, thì（就）, có（有）, bị
合成词 并列式 hiệu lực（效力）, cá nhân（个人）, phạm vi
（范围）, tài sản（财 产）, nghĩa vụ（义务）
偏正式 bộ luật, hình sự（刑法） 720 24,1
The frequency of compound words in the 2015 Criminal Code of the Socialist Republic of Vietnam is significantly higher than that of simple words.
In the 2015 Penal Code of the Socialist Republic of Vietnam, simple words constitute only 15.09% of the examined vocabulary, with the remaining common simple words primarily being substantive terms.
名词: luật（规定）, người（人）, tiền（钱）, tội（罪）
动词：để（为了）, gây（引起）, họp（开会）, phạt（罚）, xử
（处）, bắt（勾留）, cấm（禁止）
形容词: chung（共同）, kín（紧闭）, ít（少）, trái（错）, lớn（大）代词：đó（那）, này（这）, đấy（那）, chúng（他们）
数词：mấy（几）, một（一）
介词：với（跟）, cùng（一起）
连词：và（和）, thì（就）
Trong Bộ luật Hình sự năm 2015 của nước Cộng hòa Xã hội chủ nghĩa Việt Nam, các từ đơn giản chủ yếu được sử dụng để bổ nghĩa cho danh từ là lượng từ “các, những” (各), trong khi các trạng từ “đã” (已经) và “sẽ” (将) được dùng để bổ nghĩa cho động từ và tính từ.
（将）, quá（过(分)）”；介词 “của(的), trong（在（内））, với
The majority of words in Vietnamese are used to express grammatical relationships and meanings between terms, which is a distinctive feature of the language.
In the 2015 Penal Code of the Socialist Republic of Vietnam, compound words are frequently utilized, with a notable prevalence of compound words in parallel structures.
从词类来源的角度上看中华人民共和国 2015 年和越南社会主义共和 国 2015 年刑法词语的特点
2.2.1从词语来源的角度上看中华人民共和国2015年刑法中词语的特点
Loanwords, also known as foreign words, refer to vocabulary that one language borrows from another There are five primary forms of loanwords: transliteration, transliteration combined with semantic meaning, a mix of transliteration and translation, direct borrowing, and pure translation.
In examining the characteristics of legal terminology in Chinese law from the perspective of word origins, we analyzed a sample of 45 pages from the Criminal Law of the People's Republic of China, enacted in 2015.
An examination of the terminology used in the Criminal Law of the People's Republic of China from 2015, focusing on the origins of the words, has yielded the results presented in Table 3.
第3表：从词语来源角度上看中国刑法词语的特点
词语来源 中国刑法
出现计数 比率
The analysis of the data reveals that the frequency of foreign words used in the 2015 Criminal Law of the People's Republic of China is higher than that of pure Chinese terms.
In our statistical analysis, we identified that pure Chinese words appeared 1,081 times, accounting for 29.36% of the total This category predominantly includes Chinese function words, such as "的" and "和." Additionally, the occurrence of simple pure Chinese words surpasses that of compound words.
The emergence of loanwords in legal language is a result of cultural and linguistic contact, leading to changes in language Throughout history, Chinese legal language has evolved, particularly since the late Qing Dynasty, when individuals studying abroad began to adopt foreign cultural and legal concepts This exposure highlighted the critical role of law in society, prompting the translation and integration of legal materials into everyday life Additionally, as more Chinese people engaged with Western legal systems, the foundation for a modern legal framework was laid, encompassing institutions such as prisons, courts, and police, while concepts like "democracy" and "fairness" gained acceptance in Chinese society.
After the establishment of the People's Republic of China, the focus was primarily on national development rather than diplomatic relations, resulting in limited exposure to legal terminology and fewer opportunities for the development of legal Chinese loanwords However, following the reform and opening-up policy, China began to engage in international cooperation and economic trade, leading to an increased use of borrowed vocabulary in legal language as the country expanded its foreign business operations.
Language is not merely a reflection of culture; it is the foundation upon which culture emerges Cultural factors such as values, social systems, lifestyles, traditions, religious beliefs, and historical backgrounds significantly influence the vocabulary of a language Different social classes possess distinct worldviews, which can lead to gaps in vocabulary when encountering new concepts or phenomena Consequently, certain ideas may be represented in some languages while remaining absent in others, highlighting the complex relationship between language and culture.
In the process of languages interacting, a lack of vocabulary can arise, necessitating the expansion of lexicon This can be quickly achieved by borrowing terms from other languages For instance, the Japanese language has historically influenced legal Chinese terminology with terms such as "suitable," "mandatory," "force majeure," "litigation," "bail," "accomplice," "extradition," "joint maritime loss," and "real estate."
Language holds distinct advantages in specific contexts such as immigration, conquest, and warfare, where certain languages borrow terms from others For instance, during the Norman Conquest, the dominance of French significantly influenced the English language, leading to the incorporation of numerous French words into English Similar instances can be observed in Chinese history, where languages have also interacted and influenced one another.
人在 13 世纪对元朝进行了建立，统治阶级对蒙古语运用，使其对汉语 取代，但是，他们最终没有成功，然后却对汉语词汇进行借用。和此类 似的是，满族人在 17 世纪的时候，已经对清朝创建，然而，也在语言 同化的过程中以失败告终。其理由是汉语这种语言具有其自身的优势。
As of now, the development across various fields has significantly elevated the status of English globally Consequently, the borrowing of English terms has become a vital channel for the evolution of different languages In certain domains, Chinese lacks the advantages that English offers, necessitating the borrowing of vocabulary from English This highlights the irreplaceable dominance of English in legal contexts Additionally, Chinese law also incorporates terms from English law Our examination reveals that the borrowed terms found in the Criminal Law of the People's Republic of China exhibit specific characteristics.
The phenomenon of the sinicization of loanwords highlights the transition from phonetic translation to semantic interpretation Originating from the Yellow River, Chinese civilization developed independently in East Asia, geographically distanced from major centers of human development like the Mediterranean and India This isolation fostered a unique cultural evolution, reinforcing a sense of independence among the Chinese people Consequently, Han Chinese recognized the significance of sinicizing borrowed terms, often beginning with phonetic transliteration before evolving towards semantic translation.
The increasing use of letters in language reflects the rising cultural literacy of its speakers In China, this trend is evident through the incorporation of numerous loanwords, such as terms related to crimes like property confiscation and fines.
The term "forisfactura" refers to a serious criminal or death row inmate, while "force majeure" denotes an act of God or unforeseen circumstances Additionally, the Chinese government has established that English is the primary foreign language, leading to the incorporation of numerous English loanwords that can be understood without translation.
“民主”、“无权处分”、“同时履行抗辩”、“代位权、“撤销权” 等等都是译自法律英语。
中 - 越刑法的术语
2.4.1汉语术语的概说
那红兵 [36] 在《信息领域汉语术语的特征及其在语料中的分布规
According to the "Standardization of Terminology and Information Technology" (2000), terminology represents concepts within specialized knowledge areas and reflects the relationships between these concepts through words and phrases Terminology serves to designate concepts, fulfilling both cognitive and communicative functions On one hand, it concretizes concepts, allowing for a clearer understanding of objective realities On the other hand, appropriate terminology acts as a medium for exchanging ideas and disseminating knowledge.
Terminology is essential in any specialized field, as it determines the precision of concepts, which in turn influences the accuracy of fundamental theories, key principles, and guidelines within that discipline Concepts serve as the building blocks of theoretical frameworks, while theories represent a structured system of these concepts Consequently, knowledge in a specific field is characterized by a complex network of interrelated concepts.
In addition to terminology that expresses concepts within specialized fields, each discipline encompasses names related to individuals, events, schools of thought, regulations, conferences, groups, or institutions These names, which appear as words, phrases, or sentences, are collectively referred to as specialized terminology.
Technical terminology refers to standardized terms used within specific fields to identify particular concepts or items These terms are universally recognized in international practices and are prevalent across various industries, notably in business studies and specialized technical disciplines.
Specialized terminology serves as an introductory language for communication within a profession For instance, in the home appliance repair industry, integrated circuits are referred to as ICs, high-voltage transformers are known as "line transformers," operational amplifiers are called "op-amps," and the process of adding edited files is referred to as "file addition." Additionally, the People's Republic of China is commonly abbreviated as "China."
In professional communication, specialized terminology serves as concise language specific to an industry These terms typically consist of proprietary names unique to a particular field According to Wu Yunfang in "Description of Terminology Components in Information Science and Technology," most terms are phrase-based, while some are constructed from morphemes or roots combined with affixes Generally, these terms are well-known among professionals within that domain.
2.4.3 法律专业术语
Legal terminology refers to specialized words and phrases that have specific meanings within the legal field Often termed "legal language," it encompasses commonly used jargon and standard expressions, including vocabulary, phrases, fixed expressions, and structured sentence patterns that are prevalent in the legal profession.
In simple terms, legal terminology refers to the specialized language used by legislative bodies to convey legal concepts Legal terms possess distinct characteristics that set them apart from everyday language.
The precision of legal language is essential, as it forms the foundation for both the enactment and enforcement of laws Legal terminology embodies this accuracy, characterized by its singular and fixed meanings.
Legal terminology is characterized by its specific meanings and functions Each specialized term represents a distinct legal concept that cannot be easily replaced by other words Legal terms possess unique legal implications that cannot be arbitrarily altered, distinguishing them from general vocabulary Furthermore, while a single word may have multiple meanings, its interpretation as a term is limited to a specific context within the legal framework.
(二） 法律术语的相对模糊性
Legal language often exhibits a degree of ambiguity, as legal norms cannot encompass all social relationships and phenomena Variations in understanding, language use, reasoning methods, cognitive backgrounds, and concepts contribute to the lack of clarity in legal language, leaving room for interpretation in legislation and legal application Consequently, specific legal terminology can only be applied under certain conditions; without these contexts, ambiguities may arise For instance, terms like "negligent crime" and "intentional crime," or phrases such as "very serious" and "particularly serious," differ in meaning and cannot be precisely defined in all situations.
(三）法律术语的对义性
The antonymy of words refers to the relationship where words have opposing or contradictory meanings Logically, this indicates that when words represent concepts, they exist in a state of opposition or contradiction.
In both ethnic languages and legal terminology, words that correspond or possess opposing meanings, such as "above" and "below" or "general" and "specific," are known as antonyms In legal language, these corresponding terms are referred to as contraries This nomenclature arises from the necessity in law to express opposing legal relationships, requiring a set of terms that represent contradictory legal actions, entities, or concepts.
Legally, the existence of synonyms in legal terminology arises from the inherent nature of the law itself The law operates on opposing parties with vested interests, such as the contracting parties in economic agreements, defendants and plaintiffs in civil cases, and victims and offenders in criminal cases This dynamic inevitably leads to the emergence of certain synonyms within legal jargon.
The precision of legal terminology is crucial, as legal vocabulary is inherently conservative and formal It requires the use of rigorous, standardized, concise, and accurate terms, such as "exemption from criminal punishment," "aggravated punishment," "mitigated punishment," "parties involved," and "defendant." The specific use of various legal terms, principles, concepts, and regulations is essential to prevent misunderstandings in legal communication In some instances, legal language may employ synonyms or near-synonyms to express unified legal concepts, ensuring a clear and precise articulation of legal ideas while minimizing ambiguity and oversight.
中华人民共和国 2015 年刑法与越南社会主义共和国 2015 年刑法用词 特点对比
Vietnamese and Chinese are both syllable-based languages with minimal morphological changes in their vocabulary, sharing several phonetic and grammatical characteristics An analysis of the terminology used in Chinese and Vietnamese criminal law reveals both similarities and differences in their legal language.
Both the Criminal Law of the People's Republic of China and the Criminal Law of the Socialist Republic of Vietnam, enacted in 2015, utilize straightforward and accessible language The choice of terminology is clear, simple, and precise, ensuring that citizens can easily understand the legal text This careful selection of words minimizes the potential for misunderstanding and conveys meaning accurately.
A.选词准确恰当，不管是一般词汇还是法律术语的选用都充分遵 守准确性原则，词语的意思清楚明白而单一，概念贴切，没有歧义。主 要表现在一下几方面：
Việc sử dụng rộng rãi các từ ngữ có nghĩa cố định và đơn nhất trong ngôn ngữ pháp lý như "tội phạm", "tội danh", "hối cải", "tiền án" trong tiếng Trung hay "tội phạm", "quản chế", "dẫn độ", "tiền án", "tái phạm" trong tiếng Việt là rất phổ biến Những thuật ngữ này mang ý nghĩa rõ ràng và không thay đổi, giúp đảm bảo tính chính xác và nhất quán trong các văn bản pháp lý.
人在任何情况下对它们的解释都是相同的，不会让人误解。
When selecting related words in legislative language, precision and accuracy are ensured The use of related terms enhances the expressiveness and clarity of the language, allowing for the differentiation of subtle distinctions within legal concepts For instance, in Chinese, the terms "抢劫" (robbery) and its related forms exemplify how carefully chosen words can lead to more precise conceptual representations.
"Các khái niệm 'cướp giật', 'tội phạm chưa hoàn thành' và 'tội phạm đã ngừng' là hai cặp từ thuộc cùng một họ; trong khi đó, các thuật ngữ pháp lý 'tội kéo dài' và 'tội liên tục', 'phạm tội chưa đạt' trong tiếng Việt có ý nghĩa khác nhau Bộ luật Hình sự đã đưa ra những định nghĩa chính xác cho từng khái niệm, giúp cho người thi hành công vụ có cơ sở pháp lý và công chúng hiểu rõ hơn Điều khoản này được diễn đạt một cách đơn giản, rõ ràng, không sử dụng những biện pháp tu từ phức tạp, thể hiện rõ nét phong cách ngôn ngữ lập pháp giản dị và súc tích."
B.《刑法》大量使用限定性词语。汉语的“享有外交豁免权”、
“外国人的”、“刑事”；越语的“tuổi chịu trách nhiệm hình sự”,
Các thuật ngữ như “người phạm tội”, “người xúi giục” và “thời hiệu truy cứu trách nhiệm hình sự” đều là những từ ngữ có tính chất hạn chế, đóng vai trò như các thành phần định ngữ trong câu.
The use of precise terminology in criminal law enhances clarity and rigor It is important to note that among these specific terms, there exists a significant number of ambiguous words.
C.要注意选用通俗易懂的词语，立法语言的庄重风格是由其庄重 文雅与通俗易懂对立统一体现出来的。
例如:中国《刑法》就使用了“对于”、“予以”、“本人”、
“具结”；越南“刑法”常使用“tối đa”（最多）、 “tối thiểu”（最少）、
“tổn hại”（损害） 等书面语色彩浓厚的词语，如此一来，语言就显得庄
重文雅，足以显示法律不可侵犯的地位。
E．刑法中采用了较多的法律专业术语，除了具备一般法律专业术 语的特点之外，还特别追求语言表达的准确性，以及语意传递的明晰性， 力求还原立法的原意。法律术语的运用能更好地阐释法律条文，科学、 规范地运用法律术语和用语，能在运用的过程中体现出一种法律的庄严 性和权威性。法律专业术语的引入并不是专门为了法律工作人员服务， 而是为了保证每个公民都能读懂法律，并按照法律的规范行事，因此， 法律术语简明，通俗易懂，不容易引起歧义。
(二） 不同点 就用词语特点来谈，中-越刑法之间有以下几点不相同：
Chinese criminal law often employs classical Chinese vocabulary, which carries an elegant and solemn tone The choice of words is refined, frequently utilizing appropriate expressions from classical literature.
Vietnamese criminal law employs concise and straightforward terminology, reflecting a clear and unembellished style that is easy to understand This simplicity effectively conveys the seriousness and authority of legal language, ensuring that concepts such as "provocation," "admonishment," "acknowledgment of wrongdoing," and "disciplinary measures" are communicated with clarity and precision.
第二、中国刑法多使用模糊词。具体如下：
① 表伤害程度：轻伤，轻微伤，重伤，重伤至人死亡。
The severity of the situation can be categorized into five levels: minor, notably minor, relatively light, serious, and particularly severe.
③ 表数量大小：数额较大，数额巨大，数额特别特别巨大。
④ 表危害程度：危害不大，严重后果，后果特别严重，严重危害， 严重破坏。
⑤ 表范围：以上，以下，以内。
⑥ 表能动：可以，应当。
⑦ 其他表程度和表性质的模糊词语：明显，主要，次要，技术革 新，加重，立功,等。
⑧ 其他：境外，其他，黑社会，珍贵。
In addition to commonly using definitive terms, phrases like "others" are often employed to encompass foods that cannot be exhaustively described.
Violating transportation management regulations that result in serious accidents causing significant injuries, fatalities, or substantial property damage can lead to imprisonment of up to three years or detention If a driver flees the scene or engages in other particularly egregious behaviors, the penalty increases to a prison term ranging from three to seven years In cases where fleeing results in death, the offender faces a minimum of seven years in prison, as outlined in Article 133 of China's Criminal Law This legislation employs the term "other" to encompass various severe behaviors beyond just fleeing after a traffic incident, effectively closing loopholes that could be exploited.
中华人民共和国 2015 年刑法的句子 与越南社会主义共和国
中华人民共和国 2015 年刑法句子的特点
In analyzing the characteristics of legal language from the perspective of sentence structure in the 2015 Criminal Law of the People's Republic of China, we examined a sample of 45 pages from the law The findings of this investigation are summarized in the following table.
Table 9 presents the sentence patterns found in the Criminal Law of the People's Republic of China, 2015 This classification highlights the various types of sentences utilized within the legal framework, providing insights into the structure and language of the law Understanding these patterns is essential for interpreting legal texts and ensuring compliance with the regulations set forth in the 2015 Criminal Law.
所出现的句型 被考察的句子计数 1.256 （100%）
In analyzing the sentences examined in the 2015 Criminal Law of the People's Republic of China, we found a diverse range of sentence types and complex structures A total of 198 single sentences were identified within the law.
In the 2015 Criminal Law of the People's Republic of China, simple sentences account for 16% while compound sentences represent a significant 84% This notable disparity highlights the predominance of compound sentences, which are favored for their ability to convey a larger volume of information The structure of compound sentences, composed of various subject-verb constructions, allows for greater generalization and specificity This characteristic aligns with the legal documents' demands for accuracy, relevance, and systematic presentation.
According to Sun Yihua in "Legal Linguistics," complex sentences can be categorized into two types: those with conjunctions and those without Non-conjunction complex sentences include coordinate, sequential, and explanatory sentences, which fundamentally do not utilize conjunctions.
In Chinese criminal law, most compound sentences indicating responsibilities are primarily identified using semicolons Occasionally, conjunctions are employed between the clauses, while the term "simultaneously" may be used between different provisions The connection in compound sentences typically does not rely on conjunctions Due to the complexity of the content expressed in these sentences, various methods are often utilized, starting with detailed explanations followed by parallel structures, eliminating the need for conjunctions.
Complex sentences using conjunctions include progressive sentences, alternative sentences, contrastive sentences, causal sentences, conditional sentences, hypothetical sentences, and purpose sentences.
递进复句常用“并且”。
Intentional crime, as defined by Article 14 of China's Criminal Law, occurs when an individual knowingly engages in actions that they are aware will result in harmful consequences for society, and either desires or allows such outcomes to happen.
In legal texts, particularly in criminal law, the use of disjunctive conjunctions like "or" and "either or" is prevalent, indicating uncertainty or alternatives that have not yet been definitively established These conjunctions are commonly found in numerous clauses, reflecting the complexity and variability of legal interpretations.
Employees of companies, enterprises, or public institutions who exploit their official positions to cause significant harm to national interests may face imprisonment for up to three years or criminal detention, along with fines, as stipulated in Article 166 of the Chinese Criminal Law.
Employees of companies, enterprises, or institutions who exploit their positions to use organizational funds for personal purposes or lend them to others, particularly in substantial amounts that remain unpaid for over three months, may face legal consequences If the funds are utilized for profit-making or illegal activities, offenders could be sentenced to up to three years in prison or forced labor In cases where the amount involved is significant and remains unpaid, penalties can escalate to imprisonment for three to ten years, as outlined in Article 272 of the Chinese Criminal Law.
转 折 复 句 常 用 的 连 词 有 “ 但 、 但 是 ” 。 一 般 转 折 复 句 除 了 用
In addition to the conjunctions "but" and "however," other expressions such as "nevertheless," "yet," "although but," "despite yet," "even if still," and "though but" can also be used to indicate contrast.
According to Article 10 of China's Criminal Law, individuals who commit crimes outside the territory of the People's Republic of China are still subject to criminal responsibility under this law Even if they have been tried and sentenced in a foreign country, they can still be prosecuted in China; however, if they have already served their punishment abroad, their penalties may be reduced or waived.
According to Article 272 of the Chinese Criminal Law, employees of companies, enterprises, or public institutions who exploit their positions to misappropriate significant amounts of their organization's funds for personal use or lend them to others, and fail to repay within three months, may face imprisonment of up to three years If the misappropriated funds are substantial and not returned, the penalty can increase to a prison term ranging from three to ten years.
因果复句常用的连词有“由于„，致使„；因„致„”或者单用
The terms "due to," "resulting in," "because of," and "causing" illustrate the relationship between cause and effect, with "resulting in" and "causing" being the most commonly used conjunctions to convey this connection.
越南社会主义共和国 2015 年刑法句子特点
This article examines the characteristics of sentence structure in Vietnamese criminal law by analyzing a sample from page 45 of the 2015 Penal Code of the Socialist Republic of Vietnam.
The analysis of sentence structures in Vietnamese criminal law reveals that the predominant models are simple and compound sentences The findings from this examination are summarized in the following table.
第11表：越南社会主义共和国2015年刑法中句子分类表（从结构的角度）
句型分类 越南社会主义共和国 2015 年刑法中
所出现的句型 被考察的句子计数 996 （100%）
从以上表 11 可见越南刑法中复句比单句占优势。在考察过程当中 我们发现句型丰富各样、结构复杂。所出现的单句计数为 314，占 34,24%；复句使用频率计数为 655，占 65,76%。从上述的统计表可以看 得出，出现于中国刑法中的单句和复句的频率之间差别较大，从大体上 看复句占了优势。
This phenomenon can be understood as the high information density contained within complex sentences Since compound sentences consist of different subject-verb structures, they offer greater generality and specificity compared to simple sentences This characteristic meets the requirements for accuracy, relevance, and systematicity demanded in legal documents.
In the 2015 Penal Code of the Socialist Republic of Vietnam, complex and simple sentences are further categorized into smaller subtypes.
越南社会主义共和国 2015 年刑法中的 157 单句就分成 5 句型 (1)“主语 - 谓语”句型
Theo quy định tại Điều 12 của Bộ luật Hình sự Việt Nam, người từ đủ 16 tuổi trở lên phải chịu trách nhiệm hình sự về mọi tội phạm Trong khi đó, người từ đủ 14 tuổi đến dưới 16 tuổi chỉ phải chịu trách nhiệm hình sự đối với các tội phạm rất nghiêm trọng do cố ý hoặc các tội phạm đặc biệt nghiêm trọng.
Individuals who are 16 years old or older are held criminally responsible for their actions Those aged between 14 and 16 who commit particularly serious drug offenses are also subject to criminal liability.
(2)“主语 - 谓语 - 补语”句型（越南语语法专家把宾语称为补语） 例子：
(63) Người tổ chức là người chủ mưu cầm đầu, ch huy việc thực hiện tội phạm (越南《刑法》第 20 条)
The principal offender is defined as the individual who organizes and leads a criminal group in illegal activities or plays a major role in a joint criminal endeavor.
(63) Tử hình là hình phạt đặc biệt, ch áp dụng đối với người phạm tội đặc biệt nghiêm tr ng (越南《刑法》第 37 条)
(死刑只适用于罪行极其严重的犯罪分子) (3）“主语 - 能愿动词 - 谓语 -补语”句型
(64) Trục xu t là buộc người nước ngoài bị kết án phải rời khỏi nước Cộng hòa xã hội chủ nghĩa Việt Nam
Trục xuất có thể được Toà án áp dụng như một hình phạt độc lập hoặc hình phạt bổ sung đối với người nước ngoài phạm tội theo quy định của Bộ luật Hình sự Việt Nam.
Article 29 states that the expulsion from the Socialist Republic of Vietnam applies to foreign individuals who have committed crimes Expulsion can be enforced independently or in conjunction with other penalties for these criminal foreign nationals.
Tiền phạt theo quy định của Tòa án có thể được nộp một lần hoặc nhiều lần trong thời gian đã được xác định trong bản án Nếu không thực hiện nghĩa vụ nộp phạt trong thời hạn quy định, sẽ bị cưỡng chế thi hành.
(4）“状语 - 主语 - 谓语 - 补语”句型
Khi quyết định hình phạt cho những người đồng phạm, Tòa án cần xem xét tính chất của đồng phạm và mức độ tham gia phạm tội của từng cá nhân, theo quy định tại Điều 46 của Bộ luật Hình sự Việt Nam.
(对于从犯，法庭应当按照每个人的犯罪情节来处罚)
(5)“谓语 - 补语”句型
(67) Có tổ chức （有组织）
(68) Có tính ch t chuyên nghiệp （有专业性）;
(69) Tái phạm nguy hiểm （维修再犯）;
(70) Gây hậu quả nghiêm tr ng （引起严重后果）
The usage of five specific sentence structures in criminal law is notably imbalanced According to statistics provided by Zhang Shilian, the frequency of these five types of simple sentences in legal texts reveals significant disparities.
In the legal field, the terminology is characterized by confirmation and mandates (requirements for performance) Consequently, the primary sentence structures used in legal documents are those that convey clear meanings and singular judgments or demands.
In our examination of the various types of compound sentences found in Vietnamese criminal law, we obtained the following statistical results.
第12表 ：越南刑法中复句的各种不同结构
复句的结构 并列 偏正 连锁
法律语言的汉越翻译问题
翻译理论
4.1.1翻译的定义
Translation is a multifaceted discipline that can be viewed from various perspectives, leading to differing definitions Some consider translation a science due to its inherent principles, while others see it as an art, akin to painting, where the translator captures the essence of the original text before recreating it Additionally, translation is regarded as a skill, emphasizing the importance of methods and techniques in its execution Overall, translation encompasses elements of linguistics, literature, sociology, education, psychology, anthropology, and information theory, establishing its own theoretical framework and practical methodologies through extensive social practice This diversity in viewpoints highlights the complexities of understanding the nature of translation.
Dịch thuật là một công việc liên quan đến việc thao tác ngôn ngữ, tức là quá trình thay thế văn bản của một ngôn ngữ bằng văn bản của một ngôn ngữ khác Theo J.C Catford (1994), dịch thuật là việc chuyển đổi sản phẩm ngôn ngữ của một ngôn ngữ sang một ngôn ngữ khác mà vẫn giữ nguyên nội dung, tức là không thay đổi ý nghĩa.
改 变 为 另 一 种 语 言 的 言 语 产 物 的 过 程 。 ” （ 巴 尔 胡 达 罗 夫 ； A c EapxygapoB，1985)
Translation seeks to find equivalently natural expressions in the target language that closely match the information in the source language, prioritizing meaning over style (Eugene A Nida, 1969) It is a unique form of interlingual communication closely linked to language choices (Wolfram Wells, 1982).
“翻译是一种跨文化的信息交流与交换的活动，其本质是传播。”
Eugene A Nida, an American translation theorist, defines translation as the process of reproducing the closest natural equivalent in the target language to the information contained in the source language, focusing first on meaning and then on style The goal of translation is to accurately reflect the grammatical and lexical features of the original text while preserving all actual content True equivalence in translation is measured by fidelity to the original text The role of translation is to enable those who do not understand the source language to grasp its ideas, facilitating communication between different linguistic and cultural groups for mutual understanding Translation is a crucial linguistic activity that involves converting the content of one language or dialect into another, effectively and completely recreating a text originally composed in one language using another.
4.1.2．翻译的标准
Yan Fu, an Enlightenment thinker of the emerging bourgeoisie in late Qing China, deeply studied translation and drew upon ancient practices of translating Buddhist texts In the preface of his work "Tian Yan Lun" (published in 1898), he introduced the renowned translation standards of "faithfulness, expressiveness, and elegance." Yan Fu stated that the three challenges of translation are faithfulness, expressiveness, and elegance, emphasizing that achieving faithfulness is particularly difficult He defined "faithfulness" as conveying the original meaning without distortion, "expressiveness" as prioritizing clarity over strict adherence to the original form, and "elegance" as a pursuit of refined language Despite evolving interpretations of these standards over time, Yan Fu's principles remain influential in the Chinese translation community, valued for their clarity and hierarchical structure, with faithfulness and expressiveness being paramount Many contemporary translators still reference these concepts, albeit with new interpretations, particularly regarding elegance, which now focuses on preserving the original work's style Overall, Yan Fu's contributions to the field of translation in China are significant.
The fundamental task of translation is to "preserve the original work's charm" (Lu Xun), "faithfully convey the content and style of the original" (Mao Dun), and "completely retain the original's flavor" (Qian Zhongshu) Achieving this essential goal requires addressing the main contradiction of "striving for clarity" (Lu Xun), using "purely native language" (Mao Dun), and avoiding the "awkward traces caused by differences in linguistic habits."
Qian Zhongshu emphasized the importance of addressing the issues of "faithfulness" and "fluency" in translation Therefore, we consider "faithful and fluent" as the fundamental standards for translation If a translation can also effectively convey the original work's charm, it can be regarded as achieving the highest standard of translation.
Faithfulness in translation primarily refers to accurately conveying the original text's content without alteration, distortion, omission, or addition It also encompasses maintaining the original's stylistic elements, including cultural, linguistic, and personal styles of the author Translators must not compromise or alter these styles, ensuring that if the original is colloquial, the translation should not be overly formal; if the original is elegant, the translation should not be crude; and if the original has Western nuances, the translation should not impose Eastern ones, and vice versa Faithfulness and fluency are interdependent; a translation that is faithful but not fluent fails to communicate effectively, while one that is fluent but unfaithful loses the original's style and content Therefore, faithfulness is the foremost standard in translation, requiring comprehensive attention to the original's style, content, and language.
To achieve fidelity and fluency in translation, a translator must thoroughly understand the original text and express it accurately While deep comprehension and precise expression are challenging, they should be the translator's ideal and goal With dedication, perseverance, and continuous improvement in language proficiency, cultural knowledge, and professional expertise, this objective is attainable.
Translation is an activity governed by specific operational rules, measurement standards, and guiding principles, aimed at addressing issues derived from human history and nature It serves as a criterion for processing or solving problems, reflecting subjective thoughts in an externalized manner Undoubtedly, having the correct principles that accurately reflect objective laws is essential for effective guidance in the translation process.
Translation principles are essential guidelines that translators must follow during the translation process These principles have evolved over thousands of years, shaped by the practical application of translation theories, which have refined and distilled the essence of effective translation while discarding the ineffective They serve to eliminate falsehoods and preserve authenticity, encapsulating the norms of action derived from both translation thought and practice The applicability and guidance provided by these principles are extensive Throughout history, many translators have shared insightful perspectives on translation principles.
In summary, translation theory has undergone several developmental stages, primarily characterized by traditional principles of fidelity This evolution has led to a clear outline of translation in the context of technology and legal translation, resulting in a distinctive research system within traditional translation theory.
The principles of legal translation serve as essential guidelines for the translation of legal texts, distinguishing them from other translation principles Unlike general translation principles, which do not require government involvement in their formulation, legal translation principles are established by government agencies Currently, many government bodies are utilizing legislation to create and enforce these principles, ensuring a standardized approach to legal translation.
并 且 将 法 律 文 献 翻 译 (translatoroflegaldocuments) 和 法 庭 口 译 (courtinterpreter) 作为其制约对象。
In the late 19th and early 20th centuries, the principles of legal translation emerged from courtroom interpretation By the 1970s, Western countries established standardized practices for courtroom interpretation, which included the translation of relevant legal documents.
联 邦 德 国 、 希腊、 美 国(1978)、 丹麦(1976)、奥 地 利(1975)、 阿 根廷
(1973)。之前, 仅仅在一些法律文本中，不少国家进行了些许规定。
Legal language encompasses specific sentences and terminology Legal terms refer to specialized words that carry particular legal meanings, including specialized legal jargon, fixed phrases, and vocabulary that pertain to specific sentence structures.
法律语言的汉-越翻译
Chinese and Vietnamese are similar languages classified as isolating languages, sharing numerous commonalities in phonetics, vocabulary, and grammar The close geographical and cultural ties between China and Vietnam have led to significant mutual influence, particularly the impact of Chinese on Vietnamese During the Chinese-Vietnamese translation process, Vietnamese translators often rely on "Han-Viet words," a valuable tool that can sometimes facilitate direct translation from Chinese to Vietnamese However, the meanings and usages of these Han-Viet words may not always be preserved when integrated into the Vietnamese language system Consequently, excessive reliance on Han-Viet words by translators can lead to errors, especially in administrative texts and legal documents in Vietnam, where such terms are frequently used.
4.2.1法律术语的汉越翻译
Chinese and Vietnamese, both isolating languages, share numerous similarities in phonetics, vocabulary, and grammar The close geographical and cultural ties between China and Vietnam have led to significant mutual influence, particularly the impact of Chinese on Vietnamese In the process of Chinese-Vietnamese translation, Vietnamese translators often rely on a valuable resource known as "Chinese-Vietnamese words," which can sometimes facilitate direct translation from Chinese to Vietnamese However, the integration of these words into the Vietnamese language system can result in variations in meaning and usage.
In Vietnamese administrative texts and legal documents, the use of Sino-Vietnamese words is significant However, if translators excessively rely on these terms, it can lead to inevitable errors in translation.
4.2.1.1 汉越词 “汉越词”是指在越南语里一些由汉语引申而来的汉根词和汉源 词的统称。汉越词在越南语里所占的比例众说纷纭，约占越南语词汇的 60%，而在政治、经济、法律等领域则高达 70-80%。
During the process of Vietnamese adaptation, some Sino-Vietnamese words retained their original meanings and usages from Chinese, while others experienced changes in meaning and usage The degree of these transformations varies among different words, highlighting a diverse evolution of Sino-Vietnamese vocabulary.
(1)词义、用法不变
Most Chinese words retain their original meanings, particularly those related to political and academic concepts, as well as terminology.
The meanings and usages of certain Chinese words have undergone varying degrees of change after being introduced into Vietnamese.
Trong tiếng Trung, "监督" là động từ, mang nghĩa chính là kiểm tra, quan sát và thúc giục; trong khi đó, từ "giám đốc" trong tiếng Việt - Hán Việt lại là danh từ và không mang ý nghĩa kiểm tra.
本义是“一起犯罪”；而汉越词却是“cộng đồng phạm tội”
汉语本义是“坐牢”而在越语，汉-越词的“đồ hình”却没有意义。
汉语本义是“暂时不处罚”而在越语，汉-越词的“giả thích”却 没有意义。
4.2.1.2 汉越词对汉越法律语言翻译的影响
Most Sino-Vietnamese terms retain their meanings and usage from Chinese in Vietnam During the translation process, a literal translation method can be effectively employed to ensure that the meanings remain unchanged There are no untranslatable legal terms; therefore, it is essential to avoid using paraphrasing techniques This approach is crucial for the successful translation of legal language between Chinese and Vietnamese.
Some Sino-Vietnamese words do not retain their original meanings in Chinese, and in fact, some have meanings that are entirely different If translators excessively use these Sino-Vietnamese terms without considering their altered meanings and contexts, it can easily lead to errors This is particularly crucial in the translation of legal terminology, which is a formal and standardized language element; any mistakes in this area can have significant consequences.
A 汉语法律术语与相应汉越词意义相同
The use of Sino-Vietnamese terms is considered a crucial method for terminology development in the Vietnamese language Almost all specialized terminology across various disciplines relies on these terms, making the direct application of Sino-Vietnamese translations in the criminal law terminology system a natural choice This translation approach is primarily applicable to word-based terms.
（ 112 ）特别严重 - đặc biệt nghiêm tr ng
（ 113 ）故意犯罪 - cố ý phạm tội
(2) 保留汉越词，但秩序颠倒
因为汉语和越语的语法不同所以有些汉越词译越时，秩序被颠倒。 例如：
（114）枸留时间 - thời gian câu lưu
（ 115 ）犯罪情节 - tình tiết phạm tội
（ 116 ）犯罪行为 - hành vi phạm tội
（ 117 ）刑事责任 - trách nhiệm hình sự
（ 118 ）刑事责任能力 - năng lực trách nhiệm hình sự
（ 119 ）贪污罪 - tội tham ô
(3) 纯越词+汉越词
这其实是音意兼译法，半音半意组合或直译加注释译法。
（ 120 ）监护人 - người giám hộ
（ 121 ）刑事诉讼法 - Luật tố tụng hình sự
（ 122 ）未成年人 - người chưa thành ni n
（ 121 ）当事人 - đương sự
（ 122 ）被告人 - bị cáo
B 汉语法律术语与相应汉越词意义不相同 因为每个国家有自己的法律文化和法律语言，有时候，同一个概 念在不同的国家就有不同的理解。在翻译过程中，译者若不慎重会引起 误解。翻译汉语刑法术语也如此。
Chúng ta không nên lạm dụng từ Hán-Việt và dịch thuật ngữ tiếng Trung sang tiếng Việt một cách tùy tiện, vì điều này có thể dẫn đến sai lệch Trong kho từ vựng pháp lý của từ điển pháp luật, chúng tôi đã xác định hai thuật ngữ cần chú ý trong quá trình dịch, đó là "罪犯" (tội phạm) và "管制" (quản chế) Hai thuật ngữ này có thể tìm thấy tương ứng trong Bộ luật Hình sự Việt Nam là "tội phạm" và "quản chế", nhưng không thể dịch một cách trực tiếp.
Trong luật hình sự Trung Quốc, "tội phạm" chỉ người phạm tội, trong khi đó, luật hình sự Việt Nam lại định nghĩa "tội phạm" là một hành vi Việc dịch thuật thuật ngữ này cần chú ý, vì nếu dịch trực tiếp "tội phạm" sang tiếng Việt sẽ không chính xác; nên dùng "tên tội phạm" là hợp lý hơn Đáng lưu ý, mặc dù luật hình sự Việt Nam quy định rõ "tội phạm" là một hành vi, không phải là người, nhưng trong từ điển tiếng Việt, "tội phạm" lại có hai nghĩa: thứ nhất là hành vi gây nguy hại cho xã hội theo quy định của luật, thứ hai là chỉ người phạm tội.
Trong Bộ luật Hình sự Trung Quốc, "管制" được coi là hình phạt chính, có nghĩa là không giam giữ phạm nhân nhưng vẫn hạn chế tự do của họ Ngược lại, trong Bộ luật Hình sự Việt Nam, "quản chế" lại được xem là hình phạt bổ sung.
“Quản chế”的对象是犯危害国家安全罪的犯人或危险再犯的犯人，
法律语言翻译的建议
Legal translation is a unique discipline characterized by authority, seriousness, timeliness, practicality, and operability Its impact is closely linked to the contemporary environment and political climate, as it deals with real relationships of rights and obligations between individuals Poorly translated legal texts can lead to ambiguous language, convoluted sentence structures, and a lack of clarity, making them difficult to read and undermining their intended authority and legal validity If legal translations are either unreliable or lack coherence, readers may find themselves confused and unable to engage with the law, resulting in a disconnect that hinders the perception of justice.
The goal of legal translation between China and Vietnam is to facilitate communication between the legal systems of the People's Republic of China and the Socialist Republic of Vietnam, focusing on the accurate conveyance of specialized legal terminology across these two distinct legal frameworks.
Sự tương thích và giao tiếp giữa hai ngôn ngữ là rất quan trọng trong lĩnh vực pháp lý Ví dụ, trong tiếng Trung, các thuật ngữ như “人身、身体” kết hợp với “伤害、赔偿、惩罚” có ý nghĩa khác biệt so với các khái niệm như “财产、精神” Khi dịch, những cụm từ như “体罚”、“人身拘禁”、“人身伤害” không được dịch đơn giản thành “hình phạt thân thể”, “cải tạo thân thể”, “làm hại thân thể”, mà nên được dịch là “hình phạt bằng lao động”, “cải tạo lao động”, “tổn hại thân thể” để phản ánh đúng bản chất pháp lý Việc này đòi hỏi sự hiểu biết chuyên môn về pháp luật để đảm bảo tính chính xác trong bản dịch.
Many Vietnamese-Chinese legal translators with limited knowledge of legal concepts tend to focus solely on the literal meanings of the words they translate.
为避免误译或所译法律词语欠缺专业性，我们提出以下两种翻译 方法：
(1) 汉越法律意义的对应性
The complementarity of Chinese and Vietnamese legal terminology highlights the interdependence of legal expressions in both languages, necessitating that translators adapt Chinese legal terms to fit the Vietnamese legal context and cultural traditions Structural differences between the two languages often result in Vietnamese legal terms being more explicit while Chinese legal terms may be more implicit, and vice versa During translation, it is crucial for the translator to adjust the terminology based on the expression styles and reading habits of the target language audience Although legal terms like "residence," "domicile," and "home" originate from common vocabulary, they carry specific legal meanings that must be accurately conveyed in legal contexts While these terms may be interchangeable in everyday language, precise legal terminology is essential when addressing legal relationships, requiring the translator to clearly articulate their legal significance in the Vietnamese translation to distinguish between everyday and legal language.
Current legal terminology lacks a clear classification within the legal language community Legal studies, including legal philosophy, examine various aspects such as nomenclature, types of legal documents, legal relationships, and fundamental elements of law.
In the legal field, crimes are categorized based on their nature, the infringement of citizens' rights, and the subjective attitudes of the offenders This classification approach is commonly adhered to in legal terminology, and we will utilize the classification methods recognized within the academic community.
1.法律文件称谓上分类：
宪法、法、规则、细则、条例、法令、规则、办法、实施细则、 协定、决定、批复、通则。
2.法律关系上分类：
Judges, prosecutors, defendants, plaintiffs, appellants, appellees, creditors, debtors, first-order heirs, legal heirs, legal representatives, and represented parties are essential roles within the legal system Understanding these terms is crucial for navigating legal proceedings effectively.
3 法律基本要素或活动：
Rights, obligations, and responsibilities are fundamental concepts in legal cases, encompassing procedures such as guardianship, declaration, suspension, and termination Effective representation and execution of duties are crucial for successful defense strategies, including victory responses and prosecution efforts Mediation plays a key role in resolving disputes, leading to case conclusion and preparation for future proceedings.
To prevent the misuse of Sino-Vietnamese terms, translators must possess a solid language foundation and a comprehensive understanding of legal concepts It is essential for translators to grasp the vocabulary systems of both Chinese and Vietnamese, as well as to conduct a thorough study of the nuances of legal terminology in both countries.
Essential conditions for legal language translation include clear standards for translation, as well as attention to syntax, semantics, and pragmatic features Additionally, the high proportion of Sino-Vietnamese terms plays a significant role in terminology standardization However, it is crucial to regulate the use of these terms to ensure they effectively serve as a powerful tool in Vietnamese translation.
Legal language encompasses a wide range of content, making it impossible to cover all relevant terminology in detail During the translation process, it is essential to employ a combination of three main methods: literal translation, transliteration, and a blend of phonetic and semantic translation Attention must be paid to polysemy, ambiguity, synonyms, and homophones, while also considering various translation techniques.
Many Chinese legal terms lack direct equivalents in the Vietnamese language When translating these legal terms, translators should avoid literal translations and instead use functionally equivalent words or phrases along with paraphrasing As a result, the form of Chinese legal terms may change when translated into Vietnamese, but it is crucial to retain their characteristics Accuracy remains the primary requirement in the translation of legal terminology.
4.3.1 法律文章的汉越翻译
Words are essential for fluent translations, while sentences serve to cohesively connect language From a grammatical perspective, a sentence is a linguistic unit that conveys a complete meaning and fulfills a communication task Sentences can be either complete or incomplete in form.
The grammatical structures of Chinese and Vietnamese legal sentences are quite similar, with the word order, structure, function words, and sentence meaning closely interconnected The syntax often relies on implicit meaning, linking each component through its semantic role Predominantly, Chinese legal texts utilize declarative sentences However, certain unique sentence structures and inherent characteristics of Chinese pose challenges for Vietnamese translators, making them less familiar and more difficult to translate.