1.1 Definition of Terms
Definition of terms is the most fundamental and important problem in terminology, andis also the first problem to be solved for translators. The current terminology research mainlyfocuses on terms definition in the following three aspects: definition of terms under theperspective of philosophy and logic, definition of terms under the perspective of terminology,and definition of terms under the perspective of linguistics ( 魏 向 清 ， 2012:39)(writer’stranslation). The definition of terms under the perspective of philosophy and logic emphasizesthe specificity and independence of terms. This perspective deems that a term is a symbolrepresenting a professional content and that the change of symbol does not affect the contentthat the term refers to. The definition under the terminology perspective deems that theprofessional terms are different from the words and phrases studied under the linguistic perspective. Although it studies the lexical units in most cases, this perspective tries to revealanother meaning that the lexical units represent. The linguistic definition emphasizes thedifference between professional vocabulary and general vocabulary. However, the question is,under the linguistic perspective, it is hard to find the specific differences, whether from theforms or from the contents. It is believed that the common vocabulary is connected with theobjective matters while the professional vocabulary is connected with the practitioners of aspecific profession. There is no other connections except for the above mentioned points. Thedifference between these two kinds of words is essentially the difference of language inexternal forms.
1.2 Research Status of Terms Translation
Terminology is a discipline studying the terminological regulations of the nationallanguage vocabulary. In the early stage, the terminology is a branch of applied linguistics.Since 1970s, the study of terminology is not only closely related to linguistics, but also has more features of a marginal subject. E. Wüster (1991) is considered “the founder of modernterminology. Wüster discusses the basic theories of terminology in his works.Terminology is aconcept reference system in a specific profession, including all the major expression and theseexpressions are common and general.” (writer’s translation) Besides, these expressions are“fixed and summed up to a single definition”. J.F.Aixela (1996) argues that “as a highlyspecialized vocabulary, there is only one way to translate terms.” O.C. Cartes(1996) proposedthat in translation, “the purpose of translation is to achieve the equivalent exchange betweenthe two languages with the same meaning. As a result, equivalency is the ultimate objective ofterminology translation.” (writer’s translation) In the study of the translation of legal terms,Traugott and Dasher (2003) point out that when the lawyers try to define a word, they may goto the extreme to objectificate the term. In addition, in the process of technical jargon,“professional practitioners would define the contents of specific terms.” L’s Homme andSager Sager (2003) compensate for the original terminology theories based on the traditionalterminology theories, for example, they admit the existence of limited recognition of synonymterms or synonyms, or accept terms with certain similar meanings. Professor Thomas RHaggard (2004) from the Law School of South Carolina University classifies contracts intothe category of normative writing, because its contents are similar to statute law, which notonly relates to the establishment, amendment or termination of a legal relationship, but alsostipulates the rights and obligations of related subjects.
II. Classification and Translation Principles of Source LanguageTerms
2.1 Classification of Terms in the Source Language Text
Classification is the first step of translation processing and is better to deal with terms.Based on the terminological principles and the meanings of the English words, thecommercial contract terms can be divided into the following two types. The termsclassification principle has been varied. So is the translation principle of commercial contracts.In this thesis, the terms have been integrated based on the theory proposed by FengZhiwei(冯志伟，2003:42), "according to the terminology principle, terms can be divided intosingle-word terms and phrase terms"(writer’s translation) .
2.1.1 Single-Word Terms
Single-Word Terms refer to the nouns containing only one term. If divided further, the terms can be divided as “单纯词名词术语”(Independent single-word terms) and“偏正式名词术语”（Modifier-noun terms）.
2.1.2 Phrase Terms
“Phrase terms are made up of multiple words. One term contains two words, butsometimes it contains three or more words”( 郭富强,2004:192)(writer’s translation). Thephrase terms are sometimes the combination of “noun + noun,” or “Adjective + noun,”etc.Guo Fuqiang divided the formation of phrase terms into six types, and the following cases aremainly related to the phrase terms for digital processing:
①Combined structure：Two words in the phrase are parallel, which forms a parallelrelationship. For example, letter/digit, output/input.②Modification-center structure：Two words included, the former is a modifier and thelatter is a central word, which forms a modification-center relationship. For example,Data/media, unary/operator, symmetry/error, multiple/perforation, real time/ calculation.③Predicate object structure：Two words included, the former is the predicate and thelatter is the object, which forms a relationship of predicate supported by the object.
2.2 Principles for Translation of Terms in Business Contracts
Compared with general translation practice, English business contract translation hasstrict requirement on the aspect of accuracy and standardization of words and sentences.Source language and target language shall have a certain correspondence on the usage ofterms. Moreover, some terms have conventional translation, while some terms use universallyrecognized abbreviations. Therefore, during the translation, we shall comply with a certainterm translation principle and make sure the translation conforms to the language standardthat is generally followed in business contract and fully reflect the professionalism. Generallyspeaking, the following principles shall be complied with during the translation of Englishbusiness contract.
2.2.1 Accuracy of Terms Translation
Technical terms have distinct stylistic features. Different from multi-meanings ofordinary words, the technical terms on business law are internationally universal. They havesingle and stable meaning, clear and strict concept, which are conducive to correctly describeeach process of business activities and different kinds of related documents, and effectivelyavoid ambiguities and omission. Therefore, the use of technical terms is concise and clearwith standardization and formality. “Each law term represents a special legal behaviorcriterion with real and proper meaning and clear connotation, and there is no vague meaningor unclear scope.” (刘瑞玲，2010:125)(writer’s translation). Therefore, the translation oflegal terms must be accurate.
III. Strategies for Translation of Terms in Business Contracts..............................78
3.1 Literal translation.................................. 80
3.1.1 Translation of Archaic Words and Foreign Words............................. 80
3.1.2 Translation of Conventional Strategies.................................82
III. Strategies for Translation of Terms in Business Contracts
3.1 Literal translation strategies and translation methods of legal andcontract terms in business English contracts
Xiong Wenhua (熊文华,2007) defines “literal translation” as “interpreting according tothe meaning and form of original texts” (writer’s translation). However, “correspondingtranslation” does not mean translation word by word or sentence by sentence, but bytranslation in line with the norms of target language. Literal translation keeps words and tonestyle of translation similar to original texts. In translation of English legal and contract terms,literal translation is a common translation strategy and translation method, especially incircumstance of lexical gaps caused by differences between “legal tradition, reality of life,social system and national psychology” (戴拥军,张德让，2004:77)(writer’s translation).Under the strategy of literal translation, the following translation method can be used intranslation of legal and contract terms.
3.1.1 Translation of Archaic Words and Foreign Words
In order to reflect the solemn writing style of terms and terms translation in businessEnglish, archaic words are often used in business contracts, which mainly come from archaicand middle archaic English. Archaic words that are often used in business contract arecompound adverbs, i.e., compound adverbs constituted by here/three, where added with after,at, by, from, in, of, to ,under, upon and with, such as, hereafter（此后，今后）, hereby（特此，兹）, herein（此中，于此，本合同中）, hereinafter（以下此后在下文）, hereof（于此在本合同中）, hereto（于此）, thereunde（r在下文据此很据本合同）, hereunto（于此）, herewith（与此一道）, thereafter（此后，后来）, thereby（因此，由此，在那方面）, therefrom（由此、从此）, therein（其中，在其中）, thereinafter（在下文）, thereof（关于、由此，其中）, thereto（此外附随）, thereunder（在其下据此、依据）, there-as（鉴于）, thereby（因此，由是，据此）, therefore（为此因此）, therein（在那方面）, thereof（关于那事/人） and so on. Among these compound adverbs, “there” indicates “this”, “there” indicates“that”, “there” indicates “what” or “which”.
By taking the loan agreement between companies undertaken for a certain company asthe object, this research mainly discussed the problems of translation from English to Chinesefor legal and contract terms in English business contract. Firstly, language features of Englishbusiness contract were discussed. Standard language and cautious wording of Englishbusiness contract are greatly related to the professional laws and usage of contract terms.Additionally, the formal and written form sentences and wording also constitute thestandardization of English business contract. In order to ensure the accuracy and specialty oftranslation, legal English reference books (including “Oxford Dictionary of Law” and“English-Chinese Dictionary of Anglo-American Law”(online) etc.), academic resources(including academic report, professional legal books, academic thesis and so on) wereprepared in the translation process. Moreover, we also checked the actual explanation of legaland contract terms by searching authorized website, so as to transmit the meaning of originaltext faithfully. Based on the features of legal English terms, this thesis classified the terms intosingle word term and phrase term, in order to compare the structure with translated terms andobserve is there any change after translation. Next, the translation principles of businesscontract terms were discussed. It came to the conclusion that, terms translation should followthe principles of accuracy, correspondence, abbreviation and convention strategy based on thefeatures of legal and contract terms. Accordingly, as the legal and contract term emphasize onaccuracy and conventional translation, the translation strategy of legal and contract terms shallbe also carried out by focusing on such feature. Compared with strategies of “Semantic andcommunicative translation” and “Foreignizing translation and domesticating translation”,“Literal translation and free translation” is more able to meet the requirement of legal andcontract terms translation. Through literal translation and free translation, the correspondingconventional loan words of target language, archaic language and abbreviations can bedirectly found during the translation of legal and contract terms, while free translation allowsus to collocate and confirm the exact meaning of terms.