Keywords
legal terminology
legal translation
How to Cite
Abstract
The paper presents the options available when selecting equivalents of the Chinese term 机关 jīguān in legal context. The author undertook the conceptual analysis of the potential German and Polish equivalents of 机关 applied in the General Principles of the Civil Law of the People’s Republic of China of April 12, 1986 (中华人民共和国民法通则 Zhōnghuá Rénmín Gònghéguó mínfă tōngzé) and Civil Procedure Law of the People’s Republic of China of April 9, 1991 (中华人民共和国诉讼法 Zhōnghuá Rénmín Gònghéguó mínshì sùsòng fă). The corpus under study included the translation of the mentioned statutes into English proposed by Centre of Laws and Regulations in Law Press China (法规中心，法律出版社 Făguī zhōngxīn, Fălǜ chūbănshè). English and German are often intermediary languages in the process of finding equivalents in Polish-Chinese translation. The term 机关 used in a legal and/or administrative context is translated into English, German and Polish differently depending on the context.References
Cao Deborah. 2004. Chinese law: A language perspective. Hants: Ashgate Publishing.
Grzybek Joanna. 2013. Alternatywne metody rozwiązywania sporów w przekładzie chińsko-polskim i polsko-chińskim. Studium badawcze terminologii z zakresu arbitrażu. Poznań: Wydawnictwo Naukowe Contact.
Keller Perry. 1994. Sources of Order in Chinese Law, In The American Journal of Comparative Law, 42(4), 711-759.
Peerenboom Randall P. 2002. China’s Long March Toward Rule of Law, Cambridge: Cambridge University Press.
Ross Claudia, Ross Lester. 2000. Language and Law: Sources of Systemic Vagueness and Ambiguous Authority in Chinese Statutory Language, In The Limits of the Rule of Law in China, ed. Karen Turner, James V. Feinerman and R. Kent Guy, 221-270, Seattle: The University of Washington Press.
Šarčević Susan. 2000. New Approach to Legal Translation. The Hague: Kluwer Law International.
Dictionaries:
Bu Xiang (不详).1998. 新汉英法学词典. 法律出版社.
Chen Leping (沈乐平), Zou Ligang (邹立刚) (ed.) 1999. 英汉国际商事法律词典.法律出版社.
Chen Zhongcheng (陈忠诚) (编者). 2000. 法律用语辩证词典.北京：法律出版社.
Gu Dengjun (贾登峻). 2008. 英汉法律词典. 北京: 法律出版社.
He Gaoda (何高大). 2002. 英汉双向法律词典. 上海：上海交通大学出版社.
Liang Huasheng (梁华生). 2004. 德汉经济和济法词典.北京：中国对外翻译出版社.
Liao Meizhen (廖美珍), Li Xinhua (李鑫华), Zhang Siyou (张四友). 2001. 汉英国际贸易和金融词典. 北京：外语教学与研究出版社.
Song Lei (宋雷) (编者). 2005. 英汉法律用语大辞典. 北京：法律出版社.
Song Lei (宋雷) (编者). 1998. 常用汉英法律词典. 法律出版社.
Wahrig-Burfeind Renate (ed). 1997. Wahrig. Deutsches Wörterbuch. Gütersloh: Bertelsmann Lexicon Verlag Gmbh.
Wu Guanghua (吴光华) (编者). 2004. 英汉综合大辞典. 大连：大连理工大学出版社.
Xia Dengjun (夏登峻) (编者). 2008. 英汉法律词典. 北京：法律出版社.
Xin Chunying (信春鹰) (编者). 2003. 法律辞典. 北京：法律出版社.
Xue Bo (薛波) (编者). 1995. 汉英法律词典. 外文出版社.
Yu Shutong (余叔通), Wen Jia (文嘉). 2005. 新汉英法学词典. 北京：法律出版社.
Sources:
BVerGE – Bundesverfassungsgericht
ChCPL – General Principles of the Civil Law of the People's Republic of China adopted by the Fourth Session of the Sixth National People's Congress on April 12, 1986 - 中华人民共和国民法通则 Zhōnghuá rénmín gònghéguó mínfă tōngzé,
ChCL – The Civil Procedure Law of the People’s Republic of China adopted by the Fourth Session of the Seventh National People's Congress on April 9, 1991 – chin. 中华人民共和国民事诉讼法 Zhōnghuá rénmín gònghéguó mínshì sùsòng fă.
Polish Code of Administrative Proceedings of June 14, 1960 – Kodeks postępowania administracyjnego
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