attention法律英语

Legal English is a kind of normative and serious professional English. In the translation process, we should pay close attention to the characteristics of terminologies, phrases and sentences. We should also use translation skills flexibly by grasping the difference between the source language and the target language. These are the fundamental of an accurately translated legal document. And at the same time, it is more important to maintain the normative style of legal English.

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Legal English is a normativity, seriousness special english.During the process of translation, we need pay highly attention to its trait of terminology, phrase and sentence. and flexibly applying the skills of translation. Master the trait of original language and target language. these are the bases of accuracy translating legal document. Meantime, pay more attention to keeping the normativity of Legal English literary Form

American tort law of strict liability originated in England, already became the continental law scholars often use of the concept. And has integrated into European countries tort law imputation principle system. In recent years, strict liability applicable scope are increasing tendency. Strict liability is based on security breach of the absolute duty, although most people already fulfill the fittest cautious attention, but as to his behavior is liable for damage done by. The defense of strict liability is very limited, reasonable care is not among them. Strict liability most often apply to abnormally dangerous activity or product liability cases.The essential characteristics of strict liability(a) strict liability of the fault sexStrict liability is undoubtedly following the fault liability which occurred after new milestone. It is the advent of make the fault factors is no longer determine the ultimate basis person responsibility, and this helps to protect the innocent victim and disadvantaged groups.(2) strict liability riskOverview of tort law, countries with strict liability unavoidable risk relates in together. Continental law system country Germany say strict liability for dangerous responsibility. Some scholars will will risk liability and the common law of strict liability equivalent. In France also in dangerous activity as use strict liability foundation. [20] but actually tort law, strict liability except applicable to animal causes infringement, workers' compensation, product liability etc, in most cases is also beyond applies abnormally dangerous activity of damage.(3) strict liability fixation sexIn fault liability tort party to produce a damage, should be liable for compensation because behavior person has moral can accuse sex. But strict liability actor no-fault, should remain liable for compensation, the imputation sex basis intriguing. And the 20th century's most influential one of western jurist pound from maintaining social general safety obligations set out, demonstrates the rationality of strict liability. He thought from the late nineteenth century begins, legal focuses on social interests rather than individual interests protection.(4) strict liability of causalityDue to the fault in fault liability is finally decided to constitute elements, it is to decide whether the key fault liability was established. In strict liability constituents, don't consider injures fault or. Therefore, causal relationship with more important sense, it is strict liability element of the final requirement. In strict liability only causality and damage two elements, namely the plaintiff only through the proe causality and damage of the two factors can get relief.(5) strict liability on the burden of proof inverted sexStrict liability is based on the safety of absolute duty breach, no matter whether the defendant fulfill the duty of care of the most careful, as long as the damage occurred shall assume responsibility, such as the defendant can't put forward reasonable justifications (and justifications quite limited), it cannot be exempted from liability, namely the plaintiff's burden partly transferred to the defendant body, the plaintiff simply just causality and by damage burden has sufficient.(6) strict liability of defense limited sex1, due to a third party behavior, animal behavior and natural forces caused the damage cannot become defenses.2, the victim fault can be used as a defense against the reason.3, aggrieved person, content and animal anomaly sensitivity as justifications.4 and perform the public responsibility can serve as justifications.The analysis of strict liability(a) practicality: American tort law rooted in the soil of pragmatism, upholds the artificial center, advocates understanding and the experience is inseparable, emphasize the integration of theory with practice. On the basis of the case -law system is a judge empirical wisdom and logical reasoning union product. Comes case law of strict liability after change the applicable range and the increasing this fact itself proves the rules have vitality and practicability.(2) transcendence: whether scholars with strict liability equivalent to what responsibility opinions vary, but undoubtedly, which transcends the French law "fault-presuming liability" and German law "dangerous responsibility", and brushed with abstract insight, and logical supply of continental law tort law theory system barriers, let the centralization of imputation principle system to systematically normalize or diversification imputation principle system development, thus the world legislation has far-reaching influence.(3) justice: strict liability emphasize behavior and the victim to gain the balance, reflected the protective weak instead of the equal protection of the new ideas, and thereby realizes the substantial justice. This point in product liability and workers' compensation field especially appear prominent.

Legal English is a specialized English with normative and seriousness.When translating it ,we must pay much attention to the characteristic term,phrase,sentenses.And we must use the technique of translation flexible,grasp the feature of source language and target language .These are the basis of translating legal English files.Besides,keep in mind to maintain the normative of legal English style.大概~~

Liquidated damages and is always difficult, contract both legal nature, the relationship between each other in theory and practice is still unclear, the provisions concerning both current law has obvious flaw. Penalty system was born in Roman law, the liquidated damages in the nature of modern economic differences still exist great analysis. Our country "contract law" the article 114 liquidated damages for making a special provisions, but still have some problems to a debate.The foreign advocated the compensation is liquidated. Countries of Anglo-American law system of the victim's damage compensation for attention than the actual performance contract, so the reservation is regarded as liquidated damages. Punitive damages initially originated in 1763 British judge in HuckleV Camden Lord of a sentence, Money. In the United States, the GenayV in 1784 Norris, a case of first confirmed the system.At present domestic and damages of liquidated damages research focuses on the comparison between aspects. The study involved with compensation, and between penalty characteristic, the defects, etc. On the liquidated damages and damages and mode, do not see more. In comparison with the compensation of liquidated damages mainly lies in the study of theoretical research and so on in the discussion stage and pattern. Therefore, we should further research, which is liquidated damages and remedy, the model provides the reasonable and effective Suggestions.（累死了！）