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1、1Review on Commercial Contract TranslationFrom the Perspective of Skopos TheoryAbstract: International commercial contracts are one of the most important legal documents. Due to their special functions and complicated sentence structures, translators often find they are restricted in creation during
2、 the process of translation. Therefore, some scholars come to the conclusion that Skopos Theory, which take flexibility seriously to enable the translator do an excellent job for the target text readers, cannot be applied to commercial contract translation. This thesis starts from the concept and fe
3、atures of international contracts, and move on to the base and principles of Skopos Theory. Then it gives a review of commercial contract translation under the guidance of Skopos Theory. Finally it suggests Skopos Theory should be attached due importance to the translation of commercial contracts.Ke
4、y Words: Commercial Contract; Skopos Theory; Translation Purpose; Text Type从目的论视角评析商务合同的翻译摘要：国际商务合同是最重要的法律文件之一，由于其具有特殊的功能和复杂的句子结构，在英汉互译过程中译者发挥创造性有一定局限，所以有学者认为目的论强调更好地服务于译文读者，具有很大灵活性，因而并不适用于商务合同文本的翻译。本文从国际商务合同的概念及特点出发，阐述了目的论的理论基础，分析了目的论的内容和原则。评析了在目的论指导下商务合同的翻译，并建议译者在翻译商务合同文本的过程中，也要注意运用目的论的指导。关键词：商务合同
5、；目的论；翻译目的；文本类型1. Introduction In the trend of economic globalization and integration, international trade is becoming more and more frequent. Commercial contracts as a necessary procedure in foreign trade 2continue to play a significant role in protecting interests of both parties. Since the contrac
6、t is a particular type, which has legal effects, the work of translation shall be done more carefully in case the ambiguity or incompleteness would arouse disagreement and even controversy.Functionalist Translation Theory is a major breakthrough in the history of translation in that it brings up a n
7、ew standard for translatorsthat is translators should be dismissed from the original texts and pay more attention to the purpose they intend to achieve and the receivers of the target texts. Therefore, the translator can deploy different translation methods according to different needs.This thesis g
8、ives a brief introduction to Skopos Theory and concludes from its contents and principles that Skopos Theory can be guidance for commercial contract translation. And in the light of this theory, certain strategies can be employed in commercial contract translation. 2. Overview of Commercial Contract
9、s Commercial contracts are essential components of the international trade. They play a significant role in clarifying the responsibilities of the involved parties and protecting their interests. As one form of legal documents, the commercial contract has its distinguished features. Thus the method
10、of contract translation differs both from pure literary works in which free translation is more widely used and from simple technological terms where literal translation is employed.2.1 Concept of International Commercial Contract In general terms, the international commercial contract is referred t
11、o the contract that includes business of two or more countries. The contents of commercial contracts are determined by the parties that are included. It mainly includes the clauses like titles or names of the parties and the domiciles thereof; technical conditions, quality, standard, specifications
12、and quantities of the subject matter of the contract; terms of price, amount and way of payment and various additional charges; compensation and other liabilities for breach of the contracts.32.2 Features of Commercial Contracts Employed as an applied style, commercial contract are required that the
13、 words and sentences in the contract should basically be accurate and rigorous. Meanwhile, as mentioned above, commercial contract distinguishes themselves as one form of legal documents where no ambiguity is allowed.2.2.1 Lexical FeaturePeter Newmark (1994, 56-57) stated that words and phrases are
14、the most foundational and independent units in all languages, an authentic integration of which would show the basic technique of an excellent translator. On the contrary, ambiguity will rise if the translator misuses important words and phrases.“An apparent lexical feature is that archaic words are
15、 extensively used in commercial contracts, which makes the language more serious and rigorous”, Guan Lifang (2010: 8) said. Generally speaking, these archaic words are “here”, “there”, and “where” combined with prepositions like “in”, “on”, “after”, etc. (1) If either of the Parties fails to fulfill
16、 its obligations under this Contract, it shall compensate the other party for all its economic losers resulting therefore.合营一方如不履行本合同或公司章程的义务，违约一方，得赔偿另一方因此而遭受的经济损失。Another important lexical feature is the usage of modal verbs. According to Wu Lirong and Zhang Guang (2010: 10-11), “the modal verbs in English imply the attitude and notions of the speaker, or they are attached with certain subjective visions.” In commercial contract translation, choosing the right modal verbs is of si
