By: May 13, I recommended by Professor He Weifang, participated in the China University of Political Science Press in Beijing, at the "Second 'American law library' cum legal translation seminar" to judge the identity of a session only judicial practice from the grassroots sector participants. According to the session, I am in the "Legal Translation and the impact of grassroots judicial reform," made under title fifteen minutes to speak briefly from the trial and the research practice of law introduced two of their own and where the translation impact of the Court, and the Law translated to the lower courts caused by the impact on the ideas and values. However, limited time to speak to the issues involved were not at the start expression, ideas and suggestions are also no time tells. The meeting triggered by my thinking related to this point, finishing a chapter to look forward to academia, the publishing industry and legal translators glance.
Legal translation of basic judicial practice of China is a fact
In today's China, if a judge said he had never seen any one work or legal translation legal translation is absolutely incredible. From the eighties of last century judicial reform, we have the legislative, judicial, and judicial supervision of the administration of justice have been a lot of extra-territorial law introduced the advanced developed countries, the "fruits" of our "native" system of systems, continuously transform with those backward, does not meet the modern rule of law, and not meet the requirements of market economy and not easy to communicate with the world's "stereotypes." Grass-roots Justice in the Chinese context, as with people's social life, labor and production to reach the most direct, most extensive and most closely law enforcement activities will inevitably come in the extra-territorial legislative experience in the absorption into the concrete judicial practice. Therefore, as a fact, we may look at from two levels.
First of all, translated into grassroots judicial reform law provides a value guide and mind-set. The early eighties, the mid-started China's judicial reform is laid out, from the grassroots courts, and "crossing the river by feeling the stones" is not only a tide of economic reform, the one by the mantra, but also for the judicial department of bold innovation practice pad enough confidence. Trial reform in the first attempts of various reforms, the concept and reality of the conflict has reached deep into the system, judicial reform has also been the trial and error, adjustment, accumulation, and improve step by step in depth. Regardless of how history will evaluate this "everywhere", "Hundred Flowers" of the judicial reform landscape, at least no doubt about that is worthy of recognition, that is, all attempts are to establish a fair, open, fair, efficient, clean fundamental values such as expanded on the basis of demand. In content, these judicial character should have elements of universality has been compared with our more traditional society into a modern touch, which to a considerable extent, modern translation of law is brought. "Insist on China's national conditions, learning from foreign courts and judges in the management of the useful experience", this is the first five years of reform, people's courts established in the outline of a principle. So, while we pursue the "separation of powers," but the principle of checks and balances are being used as scientific understanding of our judicial reform in particular the process of being fully considered and taken seriously. If the end of l999, the people's courts at all levels to fully implement the legislation trial separation, trial separation enforcement, adjudication supervision division reform. Despite the independence of the judiciary in our country there are still serious institutional fetters, but the concept has no doubt that the mainstream level and in the community reached a consensus among the general public. Through the implementation of grassroots courts around the chief judge and Durenshenpan system, in strengthening the responsibilities of full court and the judge's efforts to show that the implementation of the constitutional principle of "independent trial" and to realize the judges under the laws of free will to pursue justice for those who target the judicial practice it showed how strong expectations. Although our courts have not interpreted the Defendant all walk in the "lobby" on top, you come to me, lips and tongue arrow gun "theater" of effect, but Liangzao confrontation, evidence, according to speak, the judge Center How many judges have begun to take the form of justice. Today, the modern judicial philosophy has become increasingly clear as the value of grassroots judicial reform to guide and measure the results, success or failure of the standards, and legal translations to develop the modern concept of justice is a "moisten things silently" process, it adopted A translation of the classic books and articles on translation, as the advanced thinking of the rule of law, like the seed sown into the hearts of those grassroots justice, to advanced concepts of justice as rooted as the primary implantation of deep brain judiciary.
Second, the judicial practice of law translated into grass-roots approach has brought innovation and critical consciousness. Over the years, a large number of foreign legal and judicial precedents to be translated, which greatly enriched the grass-roots view of the judiciary to broaden their idea of handling the case. Although our judges can not be directly applicable to the case of foreign articles and render a decision on the case, but by reading a translation of foreign laws and jurisprudence, but it can in the spirit behind those laws reflected the value of the case, to obtain useful inspired to run by themselves solve the complex case of difficult problems. Aspects such as the identification of evidence in the Supreme Court on Civil Evidence before the introduction of a number of provisions, the judge only the mind "who advocates, who proof" of such a simple and general proof of principle, wrong in the face of evidence were a number of complex difficult to ascertain the facts of the case, judges are often performed at a loss, lack of confidence in the next sentence. As foreign on the rules of evidence and of the constantly being introduced come in, some lower courts began to try his own to do choose which cases to use some of the methods, such as in a criminal trial the use of high degree of probability methods and in the civil trial the use of advantages of proven methods. It can be said, the Supreme Court on the Civil Evidence is also provided to some extent, judicial certification practice at the grassroots level motivated by the potential to be born. When the advanced experience of foreign judicial technical judicial process continued into the grassroots, the existing laws and institutions have also become increasingly strong resistance, which can judge the concept of change from the grassroots with the traditional system, with minor see reflected the conflict. First, with foreign judges in the status of the comparison, the lower courts have been enhanced professional awareness of their own traditional "cadre" status had a different texture, a neutral judge their social image and "cadres" as the interests behind the attachment the conflict between; second and foreign judges in the comparison of judicial conduct, grass-roots awareness of the independence of judges has been increased, the power from outside the law produced a resistance to psychological stress, the judge should have loyalty and the law the traditional administrative "leadership" management clashed; third force in comparison with foreign justice, the primary judge's authority has been enhanced awareness of the reality of the Pan-African Legal Authority phenomenon of the offensive, the judge should judicial self-confidence and career aspirations and the reality of security with the "meaning" born of the various forms of conflict with internal and external oversight; fourth, with foreign judges in the "environment" of the comparison, the primary judge's self-esteem has been enhanced, for in the rule of law in their own economic position in which the show down, the judge should have the material guarantee and detached attitude with the traditional system of salary and benefits Bong conflict. Of course, from another perspective, these conflicts can be looked at is the hope of progress in the judiciary, because the law provides advanced translation of values, no doubt the judges at the grassroots level into a cohesive mind power, and consciously or unconsciously transformed into the specific conduct of the trial and institutional change to go.
Legal translation for the development of grassroots judicial practice is a look
Although the translation of law more and more attention in China, but also by such as the "Ford Foundation" This support from the international charity organization, the Chinese government with the American government has also implemented related to this "head of state plan" and so on, but the rise of legal translation is far from the arrival of the era, especially relative to the construction of rural society in China based on the majority of grassroots justice, can be said that legal translation have not really found a valid concern, and has yet to effectively inspire the majority of Law judiciary of the grass-roots interest in reading translated works. This is something related to planners, publishers, translators, and relevant government departments to serious reflection.
In reality, the judge's knowledge of basic legal literacy background and may result in legal translation work at the grassroots level in the cold reason, but if this as the only or even the main reason I'm afraid, and not objective enough. Legal translation if you can not feel the expectations of the judiciary from the grassroots level, they may lack the depth of a broader space and indifference not seen, nor academic lost in the moment can make an important period of social transformation and grassroots justice and the effective promotion of the dialogue Modern opportunity for change. Said a number of more specific, if the Chinese legal translation can not account for more than 20 million in the absolute number of judges of lower courts should have a positive impact, and efforts to students in this group, send an advancement of justice within the powerful thrust, then the translation of law significance will be greatly reduced.
No matter how history has created a Quality of grassroots judicial officers, with the social promotion of the rule of law, reform of the judicial system, the public awareness of rights awareness is generated after the justice demands of increasingly strong, grassroots judicial officers those who have been unable to avoid the rule of law, although in different countries, but the context of homogeneous and universal concept of the rule of law and judicial requirements, such as "human rights protection", "procedural justice", "legality", "the Conflict "," public trial "and so on. Therefore, to adapt to the development and effective solution to difficult social development, justice, and justice of the legal theory for Deep Exploration technology has become a kind of consciousness. Also a result, the translation of law has become more natural looking than this.
Grass-roots translation of the judicial practice of law which actually looking forward to it? As a writer engaged in the primary court trial over a decade and nearly seven years of primary research work full-time trial judge may wish to make a brief in this empirical expression, the Department does not really look forward to peer correction and additions.
1, the expectations of popularity. Mainly refers to the translation of the language should try to be popular, of long sentences as short sentences into the Chinese taste of foreign flavor, that is as far as possible "to the foreign" to meet the reading habits of Chinese readers, so that the text conveys semantics allows lower courts to read, and not indulge in the "foreign" as a language tag, as a "work status" is displayed. Obscure academic language does not mean cold, want to let readers understand, the first translator to be able to express themselves clearly. In addition, translation of the current domestic law is still biased towards "scholastic" and "generous concept of the" theory of law, and respect for foreign law in the application easy to understand the writings of the results of those referrals is very inadequate translation, but some of the most precisely arouse grass-roots interest in reading the judiciary.
2, the expectations of timeliness. Mainly aimed at foreign law for judicial events and the latest writings of academic achievements, in addition to the need for judges to understand the history of our great justice to those events and the classic legal works, it should be contemporary in time and even those who just happened to people in the world soon interest of justice-related events and foreign scholars in law review, and their latest research results introduced over. The world has already entered an information age, even in the face of a regional and local strong case, multiple information brought to the lower courts have divergent thinking to make a judge of the times is quite fair and included help.
3, on the practical expectations. Mainly refers to the translation of Law Practice for the practicality of lower courts of justice. Such as multi-translation introduce some of the opinions of foreign judges on the case analysis and a detailed description of specific justice, foreign judges in handling civil disputes in the general handling methods (such as the use of the rules of thinking and settle a lawsuit), start the conciliation proceedings in foreign courts and examples of specific processes (such as ADR instance), the sample of foreign judicial documents and examples of a more comprehensive introduction to the State Department, the entry into force and implementation of legal instruments and so on. In short, as a grassroots community level judges who want to know is that most foreign countries the real situation of the same level of justice and foreign judges are fair and effective solution to people's lives in a variety of disputes taken to court.
4, affinity expectations. Mainly refers to the content of legal translation in the translation of choice should be consciously concerned about the judge's interest in grass-roots level. As the common law and civil law countries the judicial system and judicial experience to be introduced over a large number of grass-roots judges the judges in these countries is to know the specific picture of how work and life, their social life outside the court to play What role. Therefore, the law should increase the translation of foreign courts and judges real "ecological" concerns of real strength. Also hope that more translations of some foreign judges academic writings, the contents of these books is not only more attractive to lower courts, the author's identity itself can judge the academic pursuit of the grass roots have a positive demonstration effect and impact on the grassroots level to carry out the theory and practice of judges Research will be a great inspiration.
Needless to say, the rule of law our country has just started on the road, "the rule of law" is a goal we have established, and more just at present a more abstract concept. A specific rule of law can experience how the community should be, and believe with the modern rule of law and legal practice of social identity more and more in-depth aspects of social life and gradually clear. Lower courts are in our traditional society and the legal aspects of the community with the most closely linked, their attitudes toward the law and the use of judicial power will directly affect the public attitudes toward the law, the judicial understanding of the confidence of the rule of law . Therefore, the law on judicial practice of translation increased attention to the lower courts will no doubt accelerate the transformation and upgrading of judicial philosophy, and then through the judicial practice of lower courts, the rule of law elements of the advanced people continue to implant the idea in order to promote traditional society in the direction toward the successful transformation of the rule of law.