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法律英语翻译理论

220 评论(15)

豆哥豆爷

American tort law of strict liability from the United Kingdom, has now become the mainland legal scholars often use the concept. European countries have been integrated into the principles of tort law system of Liability. In recent years, the scope of strict liability for the widening trend. Strict liability is based on the absolute obligation of security breach, although when it is done to the most careful of people's attention, but any damage caused by their actions and take responsibility. Defense against strict liability is very limited, reasonable care not among them. Strict liability for abnormally dangerous most frequent activity or product liability cases.The essential characteristics of strict liability(A) the fault of the non-strict liabilityStrict liability is undoubtedly the responsibility of following the fault which occurred after a new milestone. It is the advent of the fault is to determine the factors responsible is no longer the ultimate basis for liability, which is conducive to protecting the innocent victims and vulnerable groups.(B) the risk of strict liabilityLooking at national tort law, strict liability and risk are inevitably linked. German civil law countries, said strict liability for hazardous duty. Some scholars would risk liability and strict liability common law equivalent. Similarly in France the use of a dangerous activity as the basis of strict liability. [20] but in fact Anglo-American tort law, strict liability apply to animals in addition to causing the infringement, workers compensation, product liability, the most unusual is for harm caused by hazardous activities.(C) Strict Liability ofOffenders in their fault liability for damage arising in, the reason is because the liability of the perpetrator can be a moral disapproval of. However, the perpetrator of strict liability without fault, will still be liable, the attribution of the basis for intriguing. The western half of the 20th century's most influential jurists of Pond from the maintenance of social security obligations generally off, demonstrates the rationality of strict liability. He believes that since the late 19th century, the legal interests of the community rather than focus on the protection of personal interests.(D) strict liability causalityResponsibility for the fault is the fault element of the final decision is to determine whether the establishment of the key fault liability. In the composition of the elements of strict liability, regardless of whether the offender's fault. Therefore, the causal relationship has more significance, it is the ultimate constituent elements of strict liability element. Strict liability in the causation and damage are only two elements, namely, proof of causation by the plaintiff as long as the damage to these two factors and can get relief.(E) of strict liability JuzhengdaozhiStrict liability is based on the absolute security breach of its obligations, regardless of whether the defendant to do the duty of care to the most cautious, as long as it should be responsible for the damage occurred, if the defendant can not be reasonable to defense (and defense is very limited), you can not remove responsibility, that is part of the plaintiff's burden of proof shifted to the defendant, the plaintiff only to prove causation and damage had been sufficient.(F) defense of strict liability in the Restrictive1, the third behavior, animal behavior and the forces of nature cause damage can not be the defenses.2, the victim can not be the fault of defense.3, the victims of people, things and animals, abnormal sensitivity can be used as defense.4, the performance of public duties as defense.Comment on the strict liability(A) availability: American tort law is rooted in the philosophy of pragmatism in the soil, advocating people-centered, knowledge and human experience claims can not be separated, emphasizing the unity of theory and practice. On this basis, the case law system is the empirical wisdom of judges and logical reasoning with the product. The strict liability from the case law through evolution, widening the scope of its application, this fact itself proves the rule dynamic and practical.(B) Transcendence: whether scholars have the responsibility of strict liability is equivalent to what different opinions, but no doubt that it goes beyond the French law "presumption of fault liability" and the German law, "dangerous duty," and broke through to abstract known for speculative and logically coherent system of civil law tort theory of barriers to a unified system to a dual responsibility principle or the principle of diversity attributable to system development, and thus the world had a profound influence legislation.(C) justice: perpetrators and victims of strict liability emphasized to achieve a balance of interests, reflecting the protection of the weak instead of the new concept of equal protection, and to achieve substantial justice. This is in the field of product liability and workers compensation in particular stands out.要悬赏分呀!

256 评论(11)

whahappy502

一、准确性是法律英语翻译的根本其实不管是翻译什么文体,忠于原文,准确的表达原文都是翻译的基本。而对于法律英语的翻译来说,准确性是最重要的。因为法律是有国家机关制定或认可的社会规范,要使人们准确的理解法律的内容,那么,在翻译的过程中,就必须使法律条文的表述准确无误、确凿、严密。二、法律英语翻译的同一律原则在法律翻译的过程中,为了维护同一概念、内涵或事物在法律上始终同一,避免一起歧义,词语一经选定后就必须前后统一。在认准用准了某一个词语之后,千万不要怕重复使用。如果在法律英语翻译中缺乏一致性和同一性无疑会使法律概念混淆,使读者不必要地去揣测不同词语的差别,从而影响法律的精度。三、法律英语翻译的精炼性原则翻译法律文件还应遵循精练的原则,即用少量的词语传达大量的信息,简单、扼要的语言是立法最好的语言,这是立法者应遵循的一条原则。四、法律英语翻译的词语庄严性原则法律是掌握国家政权的阶级、集团的意志体现,它有鲜明的政策性、权威性。为了维护法律的严肃性,法律、法规遣词造句力求准确,用词正式,语意严谨。不象文学作品那样,有华丽的词藻和丰富的修饰语,也不可能使用比喻,夸张和委婉语气。五、法律英语翻译的语言规范化原则所谓语言规范化原则主要是指在法律翻译中使用官方认可的规范化语言或书面语,以及避免使用方言和俚语。法律用语是每个国家正式程度最高的语言,是其所管辖下的所有地区中通用的语言。如果在受同一个法律体系管辖的地区内,法律用词、用语上各行其是,那么法律在实施的过程中势必乱套。

275 评论(12)

屠夫糖糖

旗渡法律翻译始终坚持高质量成品交付,是法律圈的翻译匠,红圈律所都在用。

185 评论(10)

了无痕Sky

元照英美法之译文: the retrospective effect of contracts avoidance and compensation for damages ABSTRACT:in the contract systems of PRC,contracts avoidance play a great role.it is one of the most important parts in contracts management and contract performance.however,the provisions in the avoidance contracts of PRC has manifested too much problems in practice,especially it has much disputes in the respect of the retrospective effect and compensation for damages.so it is important to paraphrase the contracts avoidance and compensation for damages. combining the theory and practice,this lecture formulated and analyze the contracts avoidance and compensation for damages base upon the civil legislation of PRC.finally,this lecture lists out the approaches in existing law by way of analyzing every legal system and comparing them.this lecture focuses on the legal effect after contracts avoidance,the retrospective effect is pointing to the future,the scope disputes about the compensation for damages after contracts avoidance. at last,the lecture's purpose is to perfect the contracts avoidance and the scope of compensation for damages. keyword:contracts avoidance,restitution,retrospective,compensation for damages,reliance interests,performance interests 中文很糟糕啊,语句不通,句式杂糅在一起,逻辑也很混乱。元照英美法认真的提炼了一下,外国人应该能看懂了!

100 评论(15)

安然若水

Contracts with retroactive effect to lift the damagesAbstract: In the contract system in China, occupies an important contract to lift the status of the management and operation of the contract in one of the most important. However, China's "Contract Law" stipulated in the contract to lift the system in practice many of the problems exposed, especially after the lifting of the contract and damages have retroactive effect of a large number of disputes have taken place. Therefore analysis of the contract and lift the retroactive effect of damages is particularly important. The use of the method of integrating theory with practice, verification and analysis, and from our existing civil legislation, the lifting of the contract and damages have retroactive effect to analyze and through the various legal systems, on the controversial theory of comparison, the list of existing laws in our country approach, in order to analyze the contract that occurred after the lifting of the legal effect of its main or only retroactive to the future after termination, as well as the lifting of the scope of damages in controversy. Ultimately improve the contract involved the lifting of retroactive effect, as well as the scope of damages.Key words: contract retroactive effect lifting of restitution damages the interests of fulfilling the interests of trust

186 评论(8)

牛奶荡糕

Employees are protected by labor law and labor contract law after they signed the employment contract. Employers should not fire the employees for no reason, otherwise it is wrongful dismissal. Therewith, employees can ask labor arbitration etc for law relief,

254 评论(15)

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