Translation of Several Legal Terms (I)

1.contract, now translated into "contract", I think it is inappropriate to translate into "contract" regardless of the occasion and occasion. Because we in China think of written documents when we see the word "contract", but the meaning of the word "contract" is much broader. The contract is not limited to written documents, but can also be ordered orally, by telephone or even without conversation, such as paying for an evening paper at a newsstand or buying a bus ticket. A contract is a legally binding agreement, and only more important contracts are in written form. Therefore, general contracts should be translated into "contracts", such as contract law, and more important written contracts should be translated into "contracts", such as international sales contracts.

2.intellectual property, at first I didn't know why it was translated into "intellectual property", but later it was widely used and written into law. What a pity! This phrase cannot be translated into "intellectual property" either literally or literally. The word intellectual has no meaning of "knowledge" at all. And knowledge are two different concepts. As a noun, intellectual refers to "intellectuals", but in the phrase intellectual property, intellectual is obviously an adjective rather than a noun. Moreover, "wisdom" and "knowledge" cannot be equated, and even hard translation can only translate "intellectual property rights" but not "intellectual property rights". Of course, the translation of "intellectual property" is also wrong. In a sense, what is intellectual property? Refers to the right to intellectual products or intellectual achievements created by intellectual labor, mainly including copyright, patent right and trademark right, so it should be translated as "intellectual property right". Our predecessor Yan Fu once said, "A name stands and the moon lingers." How seriously we need to treat translated names today! Be careful in translation, don't translate casually, use existing translations carefully, especially don't use and spread wrong translations with others casually, and resist wrong translations!

Be careful when translating this term. Because it originally meant short-term temporary partnership, but now it is often used to mean "joint venture or joint venture", it is necessary to judge whether the translation is "short-term partnership" or "joint venture" according to the context and other circumstances.

Jurisdiction has another definition besides jurisdiction, judicial power and judicial organization, namely "jurisdiction" or "legal jurisdiction", which means an area with its own legal system. A country may be a jurisdiction, such as France, or there may be many jurisdictions, such as the 50 States in the United States, and each state is a jurisdiction. "One country, two systems" can be said to be "one country, two systems".

5. Jurisprudence, in addition to jurisprudence, jurisprudence also has a definition, that is, "precedent", the floorboard of the ruling. Lawyers don't always refer to lawyers, but may also refer to "jurists" or "lawyers". International lawyers are not "international lawyers" but "international law scholars" who study international law.

6.remedy, the word is often used in legal documents and does not mean "treatment, therapy, medicine". It refers to the method of executing, protecting and restoring rights or the method of remedying the violation of rights, which should be translated as "remedy" or "remedy". Specifically, what are the remedial measures? There are mainly damages, injunctions, compulsory performance rulings, court declarations, etc. Relief and relief in legal documents have the same meaning as remedy, and can also be translated as "remedy" or "relief". Remedy is often translated into "relief method", which is old and easily misunderstood as disaster relief, so it is not suitable. It is also inappropriate for some people to translate "compensation", because compensation is a common way in relief, but it is not a good way. There is also a common expression: exhaustion of local remedies is a principle. It means that when foreigners' rights are infringed, they should first seek the remedies provided by the laws of the host country. Only when all remedies in the host country have been exhausted and still have no effect can they seek diplomatic protection or file an international claim. Therefore, it is appropriate to translate "making full use of local remedies". Some people translate it as "exhausting local remedies". I'm afraid it's hard to understand what this "exhaustion" means.

7. An injunction, usually translated as "injunction" or "injunction", is not appropriate, because the court can prohibit you from doing something (prohibitive intervention) or order you to do something (compulsory intervention). If translated into "injunction, injunction", it only applies to the former situation, not to the latter situation. Therefore, intervention should be translated into "injunction" or "court injunction", and only an injunction should be translated into "injunction" or "court injunction".

8. Act or not act. Translation of "action or omission" refers to two aspects of behavior, positive behavior and negative behavior, both of which are actions. For example, a railway switchman was drunk and didn't pull the switch on time, which led to a tragic crash. The cause of the accident was the ignorance and inaction of the switchman. Sometimes, depending on the context, action or omission can also be translated as "action or omission".

9. Unlawful acts. "Illegal act" refers to an act that violates legal provisions and legal obligations and should bear the responsibility. It's a legal concept, not a moral concept. Some people translate this phrase into "improper behavior" or "wrong behavior", both of which are "improper" or "wrong".