商務英語在貿(mào)易合同中的應用【畢業(yè)論文】

1、<p><b>　?。?0_ _屆）</b></p><p><b>　　本科畢業(yè)設計</b></p><p><b>　　英語</b></p><p>　　商務英語在貿(mào)易合同中的應用</p><p>　　1 Introduction</p><p

2、>　　With the rapid development of business activities between China and other foreign countries, English contract in foreign economic and trade activities is used more and more widely. The purpose of people’s entering

3、into a contract is to establish the parties to perform the obligations and enjoy the rights. As a kind of document, the contract is the legal basis of working with all parties and resolving disputes. Especially afte

4、r China’s joining WTO formally, our country’s foreign economic trade be</p><p>　　This paper focuses on the application of business English in trade contract. It can be divided into five parts. Chapter one se

5、rving as an introduction of the paper briefly describes the outline of the paper. Chapter two discusses the structure and characteristics of English trade contract. Chapter three carries out the discussion of the languag

6、e features of trade contract with specific examples. Chapter four concentrates on the analysis of the translation of trade contract. And Chapter five is t</p><p>　　2 The Structure and Characteristics of Engl

7、ish Trade Contract</p><p>　　2.1 The Structure of English Trade Contract</p><p>　　Although concrete items in business contract are different and many companies also have their own contract patter

8、n, the basic clauses is very much the same. A contract should have an original version and a copy one. The usual format has three parts: the Head, the Body and the End. First the head of the contract can be divided into

9、six parts, the name of the contract, the numbers of the contract, the date of signing, the address of signing, the buyers and sellers’ name, address, contact informati</p><p>　　And the last part of the contr

10、act is the End. It can be divided into four parts, Effective date, Observe laws, the signature of bilateral and the contract note parts. (Lv Ying，2006) </p><p>　　2.2 The Features of English Trade Contract<

11、;/p><p>　　2.2.1 Stylistic Features</p><p>　　The Stylistic feature of the English Trade Contract can be divided three parts. (Feng Guiying，2004) The first is the Professionalism of Content. The role

12、 of the contract is stating explicitly and ruling the rights and obligations in different parties in the related activities, due to the wide range of field, such as commodity, trade, commodity inspection, transportation,

13、 insurance, technology, financial, law and so on. So it involves different areas of professional words and terms.</p><p>　　The second is Rigor of Language. As the solution to the dispute of business activiti

14、es, and to avoid subsequent feedback and disputes，its accurate and rigorous expression is particularly important. For examples，</p><p>　　If the Subcontractor fails to commence and satisfactorily continue cor

15、rection of a default within three working days after Receipt by the Subcontractor of the notice issued under Article 10. 11, then the Contractor may, in lieu of or in addition to Article 10.11,issue a second written noti

16、ce, by certified mail, to the Subcontract or and its surety, if any.</p><p>　　It is required to use standard words and formal vocabulary. Almost every contract need the old English vocabulary such as hereby,

17、 thereof, whereas and so on. And the sentence structures should be logical and serious, In order to make the meaning clearly and accurately, a sentence structure is complex, with the inserting part.</p><p>　

18、　The third feature is the Indirectness of Referent. In order to show clausal content to all alike, contract wholly uses indirect alleged pronouns, such as Both Party A and Part B agree that a technology transfer agreemen

19、t shall be signed between the joint venture company and Party C (or a third party)…</p><p>　　In this example, the Part A, Part B, Part C a third party are all indirectly alleged, it refers to the parties to

20、the contract party. These kind of indirect allegations are common as the Seller, the Buyer, the Recipient, the Supplying, the Transfer, and the Transferee and so on. </p><p>　　The last character is Article R

21、ational Expression. Contract generally includes outline, terms and conditions, so the logic and language must be clear when we express. Contract format basics are made up of three parts which are preface, text and ending

22、, meanwhile the entry of sentence structures are often the same, and the outline and terms’ structure also should be coherent.</p><p>　　2.2.2 Grammatical Features</p><p>　　At present, business c

23、ontract belongs to the category of English law, so it has its unique language style: formal and accurate diction, specialized expression, precise structure, and particular format. Therefore, grasping the particularity of

24、 contract language is the key point, which can help us to understand and translate the contract accurately. (Xia Yong，2010) </p><p>　　The first grammatical feature is Formal Terms. The contract text is diffe

25、rent from literary works and daily conversation. It is impossible to use proverbs, slang, etc, and it also can’t use magnificent words and images of rhetoric devices such as co exaggeration, personification and parable t

26、o express the meaning. So, contract terms are the calm language, which should be stringently grave and clearly accurate, without emotional type of vocabulary. Meanwhile, in the part of diction, it has an obv</p>&

27、lt;p>　　開始：begin –commence;</p><p>　　給：give--render; </p><p>　　終結(jié)：end --terminate; </p><p>　　解釋：explain--construe; </p><p>　　簽訂：sign –execute ; </p><p>　

28、　撤回：give up-- relinquish/waive. </p><p>　　And there are several other examples,</p><p>　　E.g. The Chairman may convene an interim meeting in accordance with a proposal made by one-third of the t

29、otal number of directors. (董事長可根據(jù)董事會三分之一董事的提議，召集臨時董事會)</p><p>　　In this sentence, convene and interim are formal words, and more formal than call and temporary.</p><p>　　E.g. The directors and o

30、fficers of the corporation shall be indemnified by the corporation to the fullest extent not prohibited by the Company Law of the People’s Republic of China. (公司必須對公司董事和高級職員作最大限度的補償，其不受《中華人民共和國公司法》的限制)</p><p&g

31、t;　　In this sentence, indemnify and prohibit are formal words, and more formal than compensate and prevent.</p><p>　　The second feature is Acronym. Acronym in English economic contract appeared in high frequ

32、ency; which are mainly divided into the headed letters acronyms and docked short term. International trade in the contract price, payment and insurance way mostly with initials acronym form, such as FCA （Free Carrier），CI

33、F（Cost Insurance and Freight），C/O（Care of），DDU （Delivered Duty Unpaid），A/P（Authority to Purchase）. These acronyms have the following advantages: </p><p>　　1. Form and meaning are fixed, people won't beca

34、use of understanding problems or in order to express innovation to use the term expression arbitrarily, thus ensures the terminology standardization. </p><p>　　2. Simple palpability and reducing errors, acro

35、nym form is actually a conventional, it not only contracted, but also clear, it can minimize interpretation errors, and ensure glossary significance of accuracy and stability. </p><p>　　3. Saving time and im

36、proving efficiency, it is self-evident that for economic parties save time to improve efficiency. If you want to exactly translate such acronym, the key lies in the usual collection and accumulation, and on this basis kn

37、own as the full name of the acronym and understand the meanings. (Yang Jian，2001) </p><p>　　The third feature is the sharing of synonyms and near synonyms. Although contract language requires outline to be s

38、imple and clear, in order to emphasize its solemn sex, and pursuit of accurate effect, in ordinary vocabulary, there are many synonyms fold with phenomenon. This kind of synonyms fold use is not much numbers from a contr

39、act, but from the general contract where there exists lots of this phenomenon. </p><p>　　E.g. If the Contractor shall duly perform and observe all the terms， provisions， conditions and stipulations of the sa

40、id Contract， this obligation shall be null and void but otherwise shall be and remain in full force and effect. (如果承包人切實履行并遵守上述合同的所有條款、條件及規(guī)定，本報證書所承擔的義務即告終結(jié)，否則這種義務應保持完全有效)</p><p>　　In this sentence it avoid t

41、he Contract that both sides misconstrued meaning, and ensure the content entirely accurate, better safeguard the interests of both parties.</p><p>　　The fourth feature is Professional term. Technical terms r

42、efer to the specialized shoptalk which is mainly used in a subject or particular field. These special terms have particular meanings, and it is known familiar to and used widely by people who are in the area. The technic

43、al terms has international generality, which has precise meaning, no ambiguity, no personal emotional and distinct style feature. Specifically speaking, economic contract terms appear in large numbers in the fields such

44、as</p><p>　　E.g. We hereby agree with the drawers， endorsers and bona fide holders of the drafts drawn under and in compliance with the terms of this credit that such drafts shall be duly honored on due pres

45、entation and delivery of documents as herein specified. (根據(jù)本信用證并按其所列條款開具之匯票向我行提示并交出本證規(guī)定之單據(jù)者，我行同意對其出票人、背書人及善意持有人履行付款責任)</p><p>　　This sentence is concerning opening the L/C, if the trader can’t understand muc

46、h about the Professional term of the L/C, he can’t act accordingly. </p><p>　　The last feature of the English contract is the use of the word Shall. In English, contract terms often use auxiliary verb shall

47、to represent the must to perform the duty or the behaviors that may not happen. Due to the rigor of English contract document, and the highly stylized language style characteristics, shall of this usage has become conven

48、tional norms when such a document represents duty. Therefore, correct use of shall represents that the must to perform the duty and eliminate the behav</p><p>　　E.g. The board of directors shall be the highe

49、st authority of a joint venture. It shall decide all major matters concerning the joint venture. (董事會是合營企業(yè)的最高權力機構(gòu)，應決定合營企業(yè)的一切重大問題)</p><p>　　The Chinese word “應” means “理所應當”， and the words “理” not only can me

50、ans “道理”, but also can means “法理”.</p><p>　　To sum up, economic contract English as a kind of special use English has its own stylistic features. There are many kinds of foreign economic contracts, involving

51、 major interests, so people should not only have higher language training, but also need the knowledge of the law related to international trade, international finance, and insurance transportation and so on. Moreover th

52、ey should have high sense of responsibility and serious work style.</p><p>　　3 The Language Features of English Trade Contract</p><p>　　3.1 The Language Features of the Terms</p><p>

53、;　　In the English contract, the terms should try to be used formally and legally, rather than the oral expression. Business contract belongs to legal and formal written document, so it is quite necessary to use formal an

54、d legal of words when we worked the contract, and the people who respond to the worked the contract should strengthen the knowledge of this part. </p><p>　　E.g. In case one party desires to sell or assign al

55、l of or part of its investment subscribed, the other party shall have the preemptive. </p><p>　　In this sentence the legal professional terms assigned is more formal than the word transfer. On the other hand

56、 there also have many notes in using tone: the first is striving to be rigorous and unmistakable. The translator should try to clarify information when translating the contract; it can avoid unnecessary ambiguity and mis

57、understanding which can lead to letting the meaning of the sentence fuzzy and polysemous. The translator should try to make the language standard and express the origina</p><p>　　E.g. 本合同只能按照雙方的授權代表簽名蓋章的文件進行

58、修改或者增補。</p><p>　　This contract can only be altered, amended or supplemented in accordance with documents signed and sealed by authorized representatives of both parties. </p><p>　　The second poi

59、nt is using more active voice and less passive voice. The main commercial contract is made by complete sentences, in which there are many statements. All of them have the same or similar deep logic structure, with m

60、ore active voice and less passive voice, because the active voice is more natural, clear, direct and forceful.</p><p>　　E.g. 乙方被甲方委托為在新加坡的獨家銷售代理商。</p><p>　　Party B is hereby appointed by Pa

61、rty A as its exclusive sales agent in Singapore. (improper). </p><p>　　E.g. 甲方委托乙方為在新加坡的獨家銷售代理商。</p><p>　　Party A hereby appoints Party B as its exclusive sales agent in Singapore. (proper).<

62、/p><p>　　The next point is using more present tense and less future tense. Though many provisions always occur after signing the business contract, we use the present tense instead of the future tense. </p&g

63、t;<p>　　E.g. 當有下列事件之一發(fā)生，被許可人提前90天向許可人發(fā)送書面通知后, 可以終止合同。</p><p>　　Licensee may terminate this contract 90 days after a written notice thereof is sent to licensor upon the happening of one of the followin

64、g events. The last point is that using more direct expression and less indirect expression. </p><p>　　E.g. 本條款不適用于尚未全部償付的債券持有者。</p><p>　　This Article does not apply to bondholders who have not b

65、een aid in full. (Uncommon)</p><p>　　E.g. 本條款只適用于已全部償付的債券持有者。</p><p>　　This Article applies only to bondholders who have been aid in full. (Common)</p><p>　　3.2 The Language Feature

66、s of the Sentence</p><p>　　Economic and trade contracts and other legal documents stipulate what both sides of the contract should do, instead of the form of raising a question or discussing, so the contract

67、 always uses statements another than interrogative sentences. The contract is using complete sentence, and less simple sentences and elliptical sentence, so as make the contract or agreement clear. The translator should

68、not only prevent omissions, but also eliminate the possibility of casual add so as have the ability </p><p>　　3.2.1 Using Conditional Adverbial Clause </p><p>　　Trade contract aims to provide an

69、d restrain the parties’ rights, obligations and responsibilities accurately and strictly, so the English of the contract is thought to be meticulous and strongly logical, it not only should consider all sorts of differen

70、t circumstances, but also eliminate all sorts of exceptions. Expert for the contract provisions the obligations of each other, the translator also should consider various scenarios and emergency measures, so the contract

71、 provision should have more</p><p>　　The first is guiding sentences with If. When English contract want to express “如果”、“在做什么事”, you can use if to guide the clauses or phrases.</p><p>　　E.g

72、.: If the implementation of the Contract is influenced by typhoons, earthquake or others eyetooth Sides as FORCE M considered by b AJEURE, the postponement of implementation should be equal to the effective period of the

73、 said causes. (簽字雙方的任何一方由于臺風、地震和雙方同意的不可抗力事故而影響合同執(zhí)行時，則延遲履行合同的期限應相當于出事故所影響的時間)</p><p>　　Second is the guiding sentences with should. It is just used when assuming the adverse situation against the parties will

74、ing, and we always put the word “should” in front of the clause. </p><p>　　E.g. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the China Internationa

75、l Economic and Trade Arbitration Commission (Beijing) and the rules of this Commission shall be applied. (如協(xié)商不能解決爭議，則應將爭議提交中國國際經(jīng)濟貿(mào)易仲裁委員會（北京），依據(jù)其仲裁規(guī)則進行仲裁)</p><p>　　The last one is guiding sentences with Unles

76、s. Unless means “除非”, it can be connected with “otherwise”. There are two kinds of basic sentence patterns, one is “unless otherwise stipulated”, the other is “except as otherwise provided”, besides the “stipulate” and “

77、provide”, you can also use “require” and “state” instead. </p><p>　　E.g. Except as otherwise required by law or this Agreement, the Ventures shall not be required to make any further capital contributions to

78、 the Venture. (除非法律或本協(xié)議另有規(guī)定，不得要求合資方向企業(yè)另行交納出資)</p><p>　　3.2.2 Using Attributive Clause</p><p>　　Compared with common English, the sentence in economic contract has more complex structure, using l

79、ong sentence and the consistency of clause. Completely using long sentences can accurately strengthen as the relevant parties on contract rights and obligations, which it can exclude the possibility of being misinterpret

80、ed, misunderstood and ambiguity. There are many additional elements in adverbial and attributive clause, and they always appear on obvious position to express, limit or modify the m</p><p>　　E.g. The Seller

81、must deliver goods which are free from any right of claim of a third party based on industrial property or other intellectual property. (賣方所交之物必須是任何第三方均不能根據(jù)工業(yè)產(chǎn)權或其他知識產(chǎn)權享有任何權利或提出任何要求的貨物)</p><p>　　3.2.3 Using I

82、t as the Formal Subject of Subject Subordinate Clause</p><p>　　In English and trade contracts, we always use nouns instead of verbs and adjectives and long sentence, which is called nominalization structure.

83、 It is mainly defined that the abstract noun showing action or state, such as it is agreed that, it is understood that, it is agreed and understood that, etc. </p><p>　　E.g. It is agreed that a margin of 5 p

84、er cent shall be allowed for over or short count. (雙方同意，允許的數(shù)量誤差為正負5%)</p><p>　　4 Translation of English Trade Contract</p><p>　　Because of the rigor of the contract, the translation of the compl

85、ex long sentences is the key point that assures integral translation effect and accuracy. English complex sentences contain more clauses. The relation of the clauses may be containing and limiting or paralleling. In the

86、contract, more complex sentence can be used to reflect the parties of rights and obligations completely and clearly, and assure the rigor of sentence structure. No matter how long the sentences are, and how complex</p

87、><p>　　4.1 The Guidelines of International Business English Contract Translation</p><p>　　Nida’s translation standard of “Functional equivalence” has emphasized “the content and style can reach at

88、the closest natural equivalence”, it have large direct significance in the contract translation. In my opinion, translators should adhere to the following accuracy & rigor, standard & smoothness, so that to achie

89、ve the functional equivalence of international business English contract translation. (Nida, 1982)</p><p>　　4.1.1 Accuracy and Rigor</p><p>　　Due to professional and international business

90、contract compatibility, the content of the contract is increasingly accurate and complete. This requires the translator to make the translation “Accurate and Rigorous” as the first standard when translating, especially t

91、he translation of legal terminology and key words more attentions in the contract. It’s far from enough to be just faithful to the original text, and it also should strictly close to the contract in which it involves the

92、 professional</p><p>　　E.g. Payment: By irrevocable L/ C at sight to reach the sellers 30 days before the time of shipment. The L/ C shall be valid for negotiation in China until the 15th day after the date

93、of shipment.</p><p>　　Translation I: 付款:不可撤銷的即期信用證裝船前30 天開到賣方,裝船后第15 天前信用證在中國議付有效。</p><p>　　Translation II: 支付:買方應當在裝船前30 天將不可撤銷的即期信用證開到賣方。信用證在中國議付的有效期至裝船后的第15 天。</p><p>　　This sent

94、ence is about the payment of foreign trade contract terms, it involves the L/C to the seller's time and the time of L/C negotiating. The two times have clear rules, so the time preposition “before”, “after”, “until”

95、play the role of limitation. Obviously, the translation is a common translation, because the text is not rigorous, and may easily make payment by L/C time ambiguous. “Before the fifteenth day” can be understood for “Excl

96、uding the first 15 days”. The translation II is fully c</p><p>　　E.g. Shipment: To be shipped on or before Feb. 28, 1998.</p><p>　　Translation I: 裝船:1998 年2 月28 日前裝船。</p><p>　　Trans

97、lation II: 裝船:1998 年2 月28 日前(含28 日) 裝船。</p><p>　　This is about the terms of the shipment, due to the different understanding about the shipment time, it may tend to make the delay in delivery, so the parties

98、 pay more attention to the contract of the shipment time. In the sentence, the paratactic prepositions on or before make unmistakable provisions for shipping time. But the translation I may lead to the misinterpreta

99、tion of the contract party. </p><p>　　4.1.2 Standard and Smoothness</p><p>　　The so-called “Standard and Smooth” means that the use of words in a standard and smooth way and accord with con

100、tract language requirements to express according to what you understand. Therefore, the translator will pay special attention to use the words standard in the contract, and accord with contract’s conventional meaning. In