1、 畢 業 論 文題 目： 國際銷售合同的語言特色及其翻譯 學 院： 外 國 語 學 院 專 業： 英 語 班級： 0704 學號： 200704010416 學生姓名： 陳 麗 嬋 導師姓名： 章 明 蕾 完成日期： 2011年6月 linguistic features and translation of interenational sales contract thesissubmitted in partial fulfillment of the requirements for the degree of bachelor of artsin hunan institute of

2、 engineeringby chen lichansupervisor: zhang minglei college of foreign languageshunan institute of engineeringjune 2011 誠 信 聲 明本人聲明：1、本人所呈交的畢業設計（論文）是在老師指導下進行的研究工作及取得的研究成果；2、據查證，除了文中特別加以標注和致謝的地方外，畢業設計（論文）中不包含其他人已經公開發表過的研究成果，也不包含為獲得其他教育機構的學位而使用過的材料；3、我承諾，本人提交的畢業設計（論文）中的所有內容均真實、可信。作者簽名： 日期： 年 月 日設計（論文）

3、任務書 題目： 國際銷售合同的語言特色及其翻譯 姓名 陳麗嬋 院 外國語學院 專業 英語專業 班級 0704 學號 200704010416 指導老師 章明蕾 職稱 講師 教研室主任 劉 欣 一、 基本任務及要求：培養學生獨立檢索中外文資料的能力，初步具備搜集、整理、篩選信息資料的能力，初步掌握科學研究的基本方法，了解科學研究論文的寫作技巧與規范化要求。閱讀并充分理解商務英語銷售合同的語言特色及其翻譯。再較多地查閱關于商務合同語言特色以及翻譯原則，翻譯技巧評論著作后，撰寫出2500字的文獻綜述；進一步搜集整理與論文有關的文獻資料，擴充查閱范圍。構思論文框架，撰寫出論文提綱，向指導教師提交開題報

4、告。分析、篩選已有的信息資料，提出研究設想與計劃撰寫論文初稿，完成5000單詞左右的英文論文的撰寫工作，然后反復修改，提交二稿、三稿、定稿及打印稿。論文應做到主題明確，結構合理，條理清楚，語言流暢。 二、 進度安排及完成時間： 12011年1月15日前 學生確定論文選題 22011年1月21日2011年3月11日 學生完成文獻綜述 32011年3月12日2010年3月18日 學生提交開題報告 4. 2011年4月22日 提交論文第一稿 52011年5月13日 提交論文第二稿 62011年5月27日 提交論文第三稿 72011年6月5日 提交論文正稿 82011年6月7日 論文形式審查 9201

5、1年6月 9日 學生公開答辯 102011年6月11日 學生進行畢業論文第一輪答辯 112011年 6月18日 學生進行畢業論文第二輪答辯 122011年 6月30日前 論文歸檔 contents abstract(1)introduction(3)1. linguistic features of international sales contract(4)1.1 lexical features(4)1.1.1 specialty(4)1.1.2 archaism(6)1.1.3 loanword(7)1.1.4 synonyms(8)1.1.5 polysemy(9)1.1.6 cre

6、ative new words(10)1.1.7 formal words(11)1.2 syntactical features(11)1.2.1 uses of a large number of adverbials(12)1.2.2 uses of passive sentences(14)1.2.3 uses of a large number of declarative sentences(15)2. translation principles of international sales contracts(16)2.1 preciseness and accuracy(16

7、)2.2 norm and appropriateness(17)3. translation skills of international sales contracts(18)3.1 converting method(18)3.2 adding method(18)3.3 omitting method(19)3.4 matching method(20)3.5 splitting method(21)3.6 reorganization method(21)conclusion(23)bibliography(25)acknowledgements(28)linguistic fea

8、tures and translation of international sales contract abstract：since entering the 21st century, the global economy has been developing rapidly; the process of global integration is accelerated simultaneously. as for the economic prosperousness in the modern world, the business relations between coun

9、tries, especially foreign trade, have become more and more frequent; the reforming china has also been participating in international business activities; therefore contracts for international business english have become one of necessary tools for international trade. and contract has also been a l

10、egal role to stipulate the according responsibilities and obligations of relevant parties; contract has become extraordinarily vital in international trade. in recent ten years, many scholars have studied the lexical characteristics, syntax features and translating theories of international sales co

11、ntracts for business english. for international sales contract, knowing these features is very significant to establish business relations with foreign businessmen. this essay will synthesize these former studied characteristics and theories and then delves further into the lexical and syntactic cha

12、racteristics and translating skills to understand the features of international sales contracts better, then motivating the communication and collaboration of our international trade.key words: sales contracts; business english; linguistic features; translation國際銷售合同的語言特色及其翻譯摘要： 進入21世紀以來，全球經濟得到飛速發展，

13、同時也加速了全球一體化進程。各國之間的貿易往來，特別是對外貿易，也變得越來越頻繁。改革的中國也正積極投身于國際經濟貿易活動中，因此商務英語合同就成了各國之間的貿易往來，達成交易之必不可少的工具之一。與此同時，合同已經成為了規定雙方權利與義務的具有法律約束力的文件。 了解國際銷售合同的特點，更有利于與國外商人建立貿易關系。本文將綜合近十年來主要學者對國際商務英語銷售合同的詞匯特征，句法特征及其翻譯的研究理論。并對詞匯特征和翻譯技巧進行進一步的探討，深入了解商務英語銷售合同的語言特色及其翻譯，避免不必要的糾紛與爭端，從而更好地促進我國國際貿易的交流與合作。關鍵字：銷售合同；商務英語；語言特色；翻譯

14、introductionsince china having access to wto, international business activities have been becoming pretty popular. international contracts, as the bridge of business communication between countries, have played a more and more vital role in the modern world. contract is a legally binding agreement u

15、sed in writing (homby, 1997; kn&crystal, 1998; calamari&perillo, 1996; zhao chunyan&yu xiaofang, 2009; zhu yi&wang yuehong, 2010 etc.). so having a good understanding of the features of contract, especially the sales contract, which is the foundation of other sorts of contract, is by far a pretty im

16、portant task. until now, some scholars (shippery,2002;zhang yi,2001;mo zaishu,2003;zhang hailin,2004; li xinyuan,2009;zheng honglian,2010, shi xiaoyan,2009) have researched the linguistic features and translation of international business contract in the past decade. from their researches, it is see

17、n the status and significance of business contract, but simultaneously, their studies are not comprehensive enough. therefore, this essay will add more linguistic features of international sales contract on the basis of previous studies and go on further studies of its translation. in this way, it a

18、ids readers to have a better understanding of international sales contract and also is liable to promote the business activities all over the world.steven h. gifis has made a definition of contract in the law dictionary he edited, which means a promise，or set of promises，for breach of which the law

19、gives a remedy，or the performance of which the law in some way recognizes as a duty. from the definition, it is seen the importance of international contract. so how to understand and write the english contract is the important factor of whether getting success in business activities. in order to re

20、ach this purpose, having a command of the linguistic features of the contract is the basic element. understanding of contract english and quick contract writing will help to achieve competitive advantages in future international sales contract.in the book of english writing for international economi

21、c and trade contracts, wu min&wu mingzhong(2009) defines that international economic and trade contract is the agreement of establishing, altering and terminating mutual civil rights and obligations among natural persons, legal persons and other economic organizations between the equal equity of for

22、eign countries and our country. it is built according to the law, and is protected and governed by the states law. it is also bound for both parties. once the contract is signed, all parties should carry it out strictly. therefore, mastering the features of the contract is a good tool for us to impl

23、ement it. wang guihua(2008), in his lexical features of international trade contract, argues that contract is the legal basis of solving trade disputes and also the legal foundation of adjustment, arbitration and lawsuit. contracts are formal styles of agreement in the social communication and have

24、the feature of correctness, directness and legal effect. comprehending the features of the contract is good to its understanding and implication. this thesis will analyze the linguistic features of international sales contract and its translation.1. linguistic features of international sales contrac

25、tlinguistic features include lexical and syntactic features. generally speaking, for lexical level, words are analyzed and for syntactical level, sentences are construed.1.1 lexical featuresin the modern competitive world, most international contracts are written in english. contract english belongs

26、 to law english and has its distinctive linguistic style. from the aspect of lexical level, words, such as their nature, meanings etc, are commonly studied. whats more, the formality, correctness and specialty of choosing words are also very important, hence, mastering the particularity of the langu

27、age of the contract is the key to understand and translate the contract precisely.1.1.1 specialtyspecialty mainly means the special terms used in a subject or a certain field (yuan jianjun&liang daohua; 2009). these special terms have particular meanings and are widely applied by businessmen (chen j

28、ianping, 2005). liaoying(2005) argues that technical terms are open to the world internationally by far. their meanings are precise without ambiguity and personal feelings, and then they have formed evident stylistic features gradually.specifically speaking, in the trade and economic contract, there

29、 exist a large number of trade terms in various majors such as marketing, financing, computering, communicating technical, engineering, international trade and so on. when the subjects are different, the technical terms are also different (zheng honglian, 2010).according to the international sales c

30、ontract, the most obvious one is the price term. referring to incoterm 2000, there are 13 trade terms until now. they are often divided into four groups. group e (departure): exwex works; group f (main carriage unpaid): fcrfree carrier; fasfree alongside ship; fobfree on board;group c (main carriage

31、 paid): cfrcost & freight; cifcost, insurance & freight; cptcarriage paid to; cipcarriage & insurance paid to;group d (arrival): dafdelivered at frontier; desdelivered ex ship; deqdelivered ex quay; ddudelivered duty unpaid; ddpdelivered duty paid.fob (free on board, named port of shipment) - that i

32、s only to be used when the principal carriage of goods is by sea opposed to carriage by land, air or multimodal forms of transport. it requires the seller to put the goods on a ship nominated by the buyer at a port and at a time nominated by the buyer. the seller is responsible for the costs of the

33、goods being transported onto the ship. the buyer has to take delivery of the goods at the point and to pay all subsequent costs including stowage of the goods, freight and insurance as well as costs involved in clearing the goods on arrival at destination (zhang liyu, 2005:27)the unit price of canva

34、s folding chairs with wooden frame is us$ 12.00 cfr san francisco (wu min&wu mingzhong, 2009: 12) trade term cfr is used here. from the price term, the composition of the price is evidently seen. simultaneously, the responsibility and obligations of both parties are quite clear. price term is the in

35、dispensible condition in the international sales contract, thus it forms one of the lexical features of contract too.for the trade terms of the transport in international contract, there is liner transport, shipping by chartering, voyage charter, time charter, partial shipment, transshipment, port a

36、ddition etc.for the terms about the assurance, there is total loss, general average, particular average, with particular average, with average, all risks etc.1.1.2 archaismarchaism is often utilized in the international sales contract to manifest the formality of the contract. archaism used in the c

37、ontract is usually conventional and its one of the distinctive features of the contract because it is not employed in other written english and oral english in the modern world.the frequent using form of archaism is compound words which consist of adding several prepositions after here, there and wh

38、ere. in the international contracts, here means this, there means that, where means which (xia yong, 2010). the commonly seen archaisms applied in the international sales contract are listed as following: hereby= by means of this, by reason of this; herein= in this; hereinafter= later in this contra

39、ct; herewith= with this; hereafter= afterwards; therefrom= from that; thereof= of that; whereas= considering that, but; whereby= by what, by which; whereof= of what, of which etc.in the sales contract of english writing for international economic and trade contracts (ibid.: 12), archaism is used in

40、the following articles: this sales contract is made by and between the sellers and the buyers whereby(by which)the sellers agree to sell and the buyers agree to buy the under-mentioned goods according to the terms and conditions stipulated below.(ibid.: 10)this agreement shall begin on the date here

41、of (of this agreement) and shall continue for 5 years thereafter (after that date) (ibid.: 8)in the event of the death of any partner, this partnership shall not be thereby dissolved (be dissolved by that death) (ibid.: 9)from these examples, archaisms are frequently employed as the articles should

42、specify and stipulate the obligations and duties of both parties clearly in the international sales contract. if archaisms are not used, the sentence will be seen wordy and long. on the contrary, using archaisms can shorten the sentence and makes the sentence more concise. thus archaism is a good to

43、ol to use in the international sales contract.1.1.3 loanwordloanword is also called borrowing word or foreign word. as there is a long history of two big law systems in the world, which are general law system and continental law system, a large part of contractual english are from foreign words (wan

44、g guihua, 2008). some of them are assimilated by english, while some of them are still preserved (ding yang, 2004).1) words borrowing from french: suit, complaint, proposal, assurance, plaintiff, defendant, statute, verdict, warrant, bail, vice versa, force majeure (unforeseen circumstances), vis-vi

45、s (in comparison with) etc.2) words borrowing from latin words: basis, declaration, register, state, ad hoc, pro rata, ad valorem duty(price tax), bona fide holder(draft goodwill holder), proviso(restrictive clause), action in persinam(legal actions pursued), ex dividend/ex coupon(without dividend/

46、ex: without, not including), agent ad litem(entrusted agent), pro rata tax rate(proportional tax rate)，insurance premium per capita, as per(according to), tale quale(in accordance with the sample) etc.e.g.: the arbitration shall take place in the plaintiffs or defendants country (ibid.: 4).in this e

47、xample, plaintiff means a person who makes a formal complaint against somebody in a court of law. defendant means the person in a court of law who is accused of committing a crime or who is being sued by another person. here plaintiff and defendant are both originated from french and now they are as

48、similated to english.e.g.: the sellers shall not be held liable for failure or delay in delivery of the entire lot or a portion of the goods under this confirmation in consequence of any force majeure incidents (ibid.: 13).force majeure means resistance or unforeseen circumstance, and it is borrowed

49、 from french. this phrase presents the feature of formality and loan words at the same time.in the international sales contract, many business words are originated from french or latin words, some are derived and compounded by their roots, some business words have same prefix or suffix, their meanin

50、gs are relatively stable, on the basis of which, using loan words express the conception more precisely.1.1.4 synonymsin the international sales contract, synonyms are often appeared at the same time. as a general rule, these synonyms only have little differences, which make the contract be in a fea

51、ture of comprehensiveness and compactness so that it can reduce the possibility of disputes (li yu& zhang lin, 2003). according to the characteristic or property of the word, the synonyms used in the international sales contract can be divided into the following types: 1) synonyms for noun: terms an

52、d conditions; provisions and stipulations; agents and representatives etc. 2) synonyms for verb: alter and change; bind and obligate; furnish and provide; conclude/make and enter into; acknowledge and agree etc.3) synonyms for adjective: null and void, sole and exclusive; final and conclusive; trans

53、ferable or assignable etc.4) synonyms for conjunction: when and as etc.5) synonyms for preposition: from and above; under and by; by and between etc.e.g.: each party to this agreement shall perform and fulfill any of the obligations under this agreement (ibid.: 3). in this article, perform and fulfi

54、ll are made use of to stipulate the duties and obligations of each party. perform means “to do something, such as a piece of work, task or duty.” fulfill means “to achieve what was hoped for or expected or what is required or necessary.”(oxford advanced learners english-chinese dictionarythe 6th edi

55、tion) verb-formed synonyms are employed to better regulate the responsibility and rights of both parties. synonyms are used to achieve a purpose of emphasis, correctness and compactness.e.g.: the undersigned sellers and buyers have agreed to close the following transaction according to the terms and conditions stipulated below (ibid.: 12).terms and conditions mean “a rule or decision that you must agree to, sometimes forming part of a contract or an official agreement.” noun-