The Translation of the Main Modal Verbs in the General Provisions of the Civil Law of the People’s Republic of China

  • Peize Li China Foreign Affairs University
Ariticle ID: 2331
98 Views, 23 PDF Downloads
Keywords: Modal verbs, Shall, May, Must, The General Provisions of the Civil Law of the People’s Republic of China

Abstract

This paper will mainly delve into the meanings and use of main modal verbs including “mayâ€, “shall†and “must†in legal texts. Among all these three modal verbs, the modal verb “shall†is the emphasis of this article due to its most frequency of use, the importance of function and the very debatable translation in legal texts. Firstly, the author will introduce the basic meanings of them and the relevant theories of their translation. Secondly, in order to reveal how they exist in legal texts, the author will analyze the three modal verbs in the General Principles of the Civil Law of the People’s Republic of China in combination with previous studies, and present examples to illustrate whether the translations are appropriate enough or not. Finally, the author will give her own opinion on the use and translation of those main modal verbs in legal texts.

References

[1] Asprey, M. M, “Shall Must Go†Journal of Legal Writing 3, no.2 (1992):79-84.

[2] Bryan Garner, A Dictionary of Modern Legal Usage (Beijing:Law Press, 2003):41-48..

[3] Fung, S. and Watson-Brown, A, The Template: A Guide for the Analysis of Complex Legislation, London: Institute of Advanced Legal Studies, 1994.

[4] Fowler H. W, Modern English Usage. London: Oxford University Press,1965.

[5] “Legisticsâ€, Department of Justice of Canada, https://www.justice.gc.ca/eng/rp-pr/csj-sjc/legis-redact/legistics/p1p8.html (accessed January 25, 2021).

[6] Li Kexing, “The Role of Major Modal Verbs in English Legal Texts and their Translationâ€,China Translation,no.6(2007):56-57.

[7] Li Kexing, “Basic Principles of Legal Translation†Translation Quarterly Hong Kong: The Hong Kong Translation Society 4, no. 3 (1997): 23-24.

[8] Li Kexing, Zhang Xinhong, Legal Texts and Legal Translation(Beijing: China Translation & Publishing Corporation, 2006):24.

[9] Sun Ximin, “The Translation of Shall in Legal and Contract Documents†,China Translation,no.4(1995):32.

[10] Song Lei, Formats of International Economic and Trade Legal Documents(Beijing:Law Press,1979):36.

[11] Tao Bo, Legal English: The Drafting of Bilingual Legal Documents in Chinese and English(Taipei: Wu Nan Book publishing Co., LTD,2008):57-59.

[12] The General Provisions of the Civil Law of the People’s Republic of China, http://www.npc.gov.cn/englishnpc/index.shtml (accessed January 23, 2021).

Published
2021-09-16