China News Agency, Chongqing, August 17th, Question: Why do we need to translate Chinese laws to foreign countries?
——Interview with Zhu Yuanqing, Deputy Dean of the Human Rights Research Institute (School of Human Rights) of Southwest University of Political Science and Law
China News Agency reporter Liu Xianglin
Legal translation is an important way for Chinese law to construct self-expression under the global legal pluralism.
As China continues to deepen its opening to the outside world, Chinese laws are required to be more open to the outside world to convey Chinese legal discourse.
At the same time, the foreign translation of Chinese law is not a simple language conversion, but an exchange with major legal discourses such as common law, civil law, and Islamic law.
In recent years, the foreign legal translation team of Southwest University of Political Science and Law has been actively trying to translate China's latest legislative achievements, typical judicial precedents and academic research results into English, showing the latest achievements of China's rule of law construction.
Why translate Chinese laws to foreign countries?
What role has Chinese legal translation played in East-West exchanges?
Recently, Zhu Yuanqing, former deputy dean of the School of Foreign Languages of Southwest University of Political Science and Law and deputy dean of the Institute of Human Rights (School of Human Rights) of Southwest University of Political Science and Law, accepted an exclusive interview with China News Agency "East-West Question" to answer relevant questions.
The following is a summary of the interview transcript:
China News Service reporter: What are the stages of Chinese legal translation, and how does it relate to the development of Chinese society?
Zhu Yuanqing: The foreign translation of Chinese law can be divided into the following stages:
The first stage was from the end of the Ming Dynasty to the middle of the Qing Dynasty.
The translators are mainly foreign diplomats, scholars and missionaries visiting China, and the Chinese laws translated are not systematic and lack organization.
The second stage is from the middle of the Qing Dynasty to the early years of the Republic of China.
For the first time, a complete translation of the Chinese Code has appeared. The translators are still mainly European and American people. The purpose of translation is basically to serve the interests of the country or institution to which the translator belongs, so it is highly utilitarian.
The third stage is from before and after the May Fourth Movement to the eve of the founding of New China.
For the first time, the foreign translation of the law by official organizations appeared at this stage.
The translated content not only includes traditional Chinese legal books, but also highlights the legislative achievements at that time.
The fourth stage is from the founding of New China to the present.
This stage can also be subdivided into two periods: one is from the founding of New China to the eve of reform and opening up, and the other is reform and opening up to the present.
With the rapid development of China's economy and society, the personnel and trade exchanges between China and other countries and regions have increased rapidly. In order to adapt to this situation, China has actively organized and implemented legal translations.
In particular, when China joined the World Trade Organization in 2001, in order to fulfill its membership obligations, China needs to translate its relevant laws into English to help foreigners familiarize themselves with China's rule of law construction, reduce trade conflicts and frictions, and accelerate the development of foreign translation of Chinese laws.
Since the 18th National Congress of the Communist Party of China, with the continuous improvement of the socialist legal system with Chinese characteristics, legal translation work has embarked on a fast track, contributing China's legal experience and wisdom to the international community, shaping the image of the rule of law China, and enhancing the country's cultural soft power.
At this stage, China (whether official or private) has great enthusiasm for foreign translation of law, and regards it as an integral part of the process of reform and opening up, enhancing international exchanges, and actively integrating and promoting globalization.
This initiative to translate and introduce the current state of the country's rule of law construction to the international community shows contemporary China's high confidence in its own path, culture and system.
The Civil Code of the People's Republic of China (English version) translated by the legal translation team of Southwest University of Political Science and Law.
Photo by Jing Renke issued by China News Agency
China News Service reporter: How does the translation of Chinese law present the spirit of Chinese rule of law contained in it?
Zhu Yuanqing: Foreign translation of Chinese law is of great significance and far-reaching impact on building China's international discourse system, enhancing international discourse power, helping foreign people understand the progress of China's rule of law construction and spreading the international image of ruling the country by law.
The first step in translating Chinese law abroad is to accurately understand the provisions of Chinese law and the concept of the rule of law behind it.
As early as the beginning of the modernization of Chinese law, people of insight realized that "translating a book takes the law as the most difficult". Ensure accurate understanding of the original text and use a standard and accurate translation to reproduce the spirit of the original, not just the linguistic form of the original.
Take The Civil Code of the People's Republic of China (English version) translated by the foreign legal translation team of Southwest University of Political Science and Law as an example. There are many Chinese original concepts in it.
For example, the term "civil subject" has been translated as civil subjects in China in the past, but foreign jurists are confused about the translation.
After multiple verifications and consultation with foreign experts, the foreign translation team of Southwest University of Political Science and Law temporarily translated this as parties to civil legal affairs.
In addition, because the law has a strong ideological color, the translator must take a firm "Chinese position" when translating the law to ensure that the translation is not distorted or out of shape.
Only by being proficient in the language can we thoroughly understand the original text and reproduce the spirit of the Chinese original text with an authentic and accurate target language.
On June 10, 2021, the 29th meeting of the Standing Committee of the 13th National People's Congress voted in Beijing to pass the stamp duty law.
Photo by China News Agency reporter Sheng Jiapeng
China News Agency reporter: The foreign translation of Chinese law is not a simple language conversion, but an exchange with major foreign legal discourses.
What role does Chinese legal translation play in "you come and I go"?
Zhu Yuanqing: Since the modernization and reform of Chinese law in the late Qing Dynasty, China has long played the role of a "follower" in legal exchanges between China and foreign countries.
China's modern law is essentially a "translation and transplant" law, that is, a foreign legal system is transplanted through translation.
In the 100 years since the beginning of the 20th century, the exchange of legal discourse between China and foreign countries has always been "Western and French," and China has always been "into the super", that is, the proportion of "translation from foreign to China" exceeds the proportion of "translation from Chinese to foreign".
However, according to the statistics of relevant industry organizations in 2011, the proportion of "Chinese to foreign translation" in the field of Chinese translation has historically exceeded the proportion of "foreign translation to Chinese" for the first time.
In this process, foreign translation of Chinese law plays a key role. Legal texts are the most professional and "hard-core" source language texts, which centrally and intuitively reflect the current state of a country's legal construction.
The rule of law is the biggest consensus in international exchanges, and legal translation is the bridge for the international dissemination of the Chinese rule of law.
In the absence of foreign translators who are proficient in Chinese and Chinese law, Chinese legal translators are duty-bound and should work diligently to make their due contributions.
Chinese legal translation can play the following roles in legal exchanges between China and foreign countries:
First, present the status quo and development trend of Chinese legislation and even the entire field of rule of law construction in an intuitive way, so that the international community knows "what Chinese law is";
Second, by translating typical cases, law-related news reports, etc., to present the operation of China's judiciary, so that the international community can understand "how Chinese law works";
Thirdly, through major projects such as "Chinese Academic Translation", the latest achievements of Chinese law academics will be translated and introduced to foreign countries, so that the international community will understand "where the future of Chinese law will develop".
December 4, 2014 was China's first National Constitution Day. On that day, the Supreme People's Court held a publicity campaign on the theme of "Let the Rule of Law Become Faith" and the "12.4" Public Open Day.
Photo by China News Agency reporter Li Huisi
China News Service reporter: How does Chinese legal translation contribute to the international dissemination of the achievements of China's rule of law construction?
Zhu Yuanqing: From the review of the various stages of Chinese legal translation, it can be seen that the main force of modern Chinese legal translation is European and American people, and their translation motives are often self-serving utilitarian purposes. case of mistranslation.
Today, with the founding of the People's Republic of China more than 70 years ago and the rapid development of China's economy and society, China should firmly grasp the initiative of foreign translation of Chinese laws, stand firm in China's position, expand international vision, introduce the achievements of China's rule of law construction to the outside world, and promote legal exchanges between China and foreign countries.
Through legal translation, the international community's understanding of Chinese law can be promoted.
Judging from the history of foreign translation of Chinese laws, foreign stakeholders have utilitarian motives to understand Chinese laws and use Chinese laws to protect their own legitimate interests.
Therefore, it is necessary to comprehensively and accurately translate and introduce Chinese law to foreign countries, so as to promote the international community to "know China" in legal aspects, to promote exchanges, increase understanding, and promote the understanding of Chinese law among stakeholders.
On August 27, 2014, the Supreme People's Court of China held an open-themed event for foreign diplomatic envoys in China for the first time. The diplomatic envoys from 21 countries and international organizations entered the Supreme Court and attended a public hearing of a foreign-related intellectual property case.
Photo by China News Agency reporter Li Huisi
In addition, the scope of foreign translation of Chinese laws should be expanded, not only to accurately translate “hard core” legal texts in the traditional sense, such as laws and regulations, which are mainly aimed at professionals, but also for non-professionals, close to the status quo and development of China’s rule of law construction. Readers' actual needs, ways of thinking and language habits, select news reports, literary works and other texts, such as the top ten cases of judicial protection of human rights in China in 2021, to translate and introduce the latest achievements of China's rule of law construction in a subtle and silent way.
The exchange and mutual learning of civilizations between different countries and ethnic groups is an irresistible trend. Professional translation comments and criticism can improve the quality of foreign legal translation and the depth and breadth of dissemination.
It is hoped that more translators will devote themselves to the translation of Chinese laws, including laws and regulations, judicial cases, etc., to help the global spread of Chinese legal culture.
(Finish)
Interviewee Profile:
Zhu Yuanqing, former deputy dean of the School of Foreign Languages of Southwest University of Political Science and Law, and deputy dean of the Institute of Human Rights (School of Human Rights) of Southwest University of Political Science and Law.
Since 1995, he has mainly taught courses in legal English, translation theory and practice, British and American cultural profiles, and professional reading.
He has published many translations such as "Inside the Siege", "The Great Trial", "A Debate to the End - My Legal Life (Dershowitz's Autobiography)" and "The Cry of the Earth - The Beginning and End of the American Indian War".
In 2022, the "Civil Code of the People's Republic of China" (English version) translated together with the team will be jointly published by William S. Hein & Co., Inc. Wells Information Services Inc. of the United States, and will be the only English translation of the "Civil Code of the People's Republic of China" Included in the internationally renowned legal database HeinOnline.