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条法英语的语言特征及中文条法的英译

  (7)连词的应用十分重要。and和or经常用以连接单词、短语、非谓语结构或句子表示并列关系,增强了条法逻辑的严密性。例如:
  The tribunal may give directions in relation to any property which is the subject of the proceedings or as to which any question arises in the proceedings, and which is owned by or is in the possession of a party to the proceedings—
  (a) for the inspection, photographing, preservation, custody, or detention of the property by the tribunal, an expert or a party, or
  (b) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property. (Arbitration Act1996)
  (三)复杂的句法。
   条法英语经常运用复杂的程式化句法结构,体现了法律文体的庄重性和严谨性风格。
  (1) 连续使用非谓语动词,体现条法内容的不同层次划分,包括条、款、项、 目。例如:
   Nothing in this agreement shall be construed
  (a) to require any contracting party to furnish any information the disclosure of which it considers contrary to its essential security interests; or
  (b) to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests
  (i) relating to fissionable materials or the materials from which they are derived;
  (ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
  (iii) taken in time of war or other emergency in international relations; or
  (c) to prevent any contracting party from taking any action in pursuance of its obligations under the United nations Charter for the maintenance of international peace and security.   (《关税和贸易总协定》)
  (2) 使用结构复杂、逻辑严密的长难复合句。例如:
  If agreement between the parties primarily concerned cannot be reached before January 1, 1958 or before the expiration of a period envisaged in paragraph 1 of this Article, the contracting party which proposes to modify or withdraw the concession shall, nevertheless, be free to do so and if such action is taken any contracting party with which such concession was initially negotiated, any contracting party determined under Paragraph 1 to have a principal supplying interest and any contracting party under paragraph 1 to have a substantial interest shall then be free not later than six months after such action is taken, to withdraw, upon the expiration of thirty days from the day on which written notice of such withdrawal is received by the CONTRACTING P.ARTIES, substantially equivalent concessions initially negotiated with the applicant contracting party.  (《关税和贸易总协定》)


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