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    [转] 第三届“华政杯”全国法律翻译大赛通知

    发布时间:2012/07/15

    第三届“华政杯”全国法律翻译大赛通知

    主办单位:华东政法大学

    承办单位:华东政法大学外语学院

    协办单位:华东政法大学法律翻译中心

    一、大赛目的

    在全球化迅速发展、国际交流不断增多的背景下,为提高全国高校青年学生的法律英语及法律翻译能力,分享高校法律英语及法律翻译教学和研究的经验,发现并培养法律翻译人才,纪念国际翻译日(每年930日),华东政法大学特筹办第三届“华政杯”全国法律翻译大赛。

    20102011年两届“华政杯”全国法律翻译大赛因其科学的竞赛设计和系统的组织工作而受到参赛选手和评委老师的好评。在充分吸取前两届大赛经验和选手意见与建议的基础上,组委会秉承“提高法律英语能力,展现青年学子风采”的宗旨,将此次比赛举办地更加圆满。

    二、参赛对象

    欢迎全国各高校对法律或英语感兴趣的在校本科生、硕士生及博士生踊跃参赛,比赛不限专业和年级,不分组别。

    三、比赛方式

    比赛分为初赛和决赛两轮。初赛试题形式为英译汉,决赛试题形式既有英译汉,也有汉译英。内容涉及宪法、法学理论、法律史、民商法、国际法、刑法、诉讼法等内容。

    (一)初赛

    初赛采取开卷方式。初赛试题请参见下文,参赛人员根据试题要求进行答题,并于2012910号前将答卷及《初赛选手信息表》发送到以下邮箱:

    ecuplds@163.com(只接收电子信箱投稿)

    联系方式:

    联系人:王 文 老师 联系电话:021-67790148

    (请在电子邮件标题中注明——“法律翻译大赛答卷及选手姓名、学校名”,组委会将对收到的电子邮件进行编号后回复,没有收到回复的选手请再次发送答案。电子邮件以接收到的时间为准,过期以无效答卷处理。选手发送的答案须标明题号,并只发送中文。格式要求:宋体,小四号,1.5倍行距。)

    (二)决赛

    初赛成绩排名前30名的参赛选手可进入决赛,组委会将向进入决赛的选手发出通知。决赛为闭卷考试,时间为2小时。

    决赛在华东政法大学松江校区举行。入围复赛考生的交通费及住宿费均自理。参赛选手凭身份证和学生证入场,统一参加笔试。所有选手均可以使用纸质词典和电子词典各一部,但不得使用电脑。比赛结束后,试卷由评委匿名评审后,确定比赛结果,并举行颁奖仪式。

    四、赛程安排

    12012610910 公布初赛试题。选手可在期间将确定不再修正的答卷发送至指定电子信箱。910为截止日。

    22012911918 初赛评卷。

    32012919 公布入围决赛学生名单(请见华东政法大学外语学院网站http://www.wyxy.ecupl.edu.cn/“通知公告”栏目)。

    42012928 18:3020:30决赛,地点设在华政松江校区。

    52012929 公布决赛获奖名单,并在华东政法大学松江校区举行颁奖仪式。

    五、奖项设置

    本次比赛将设特等奖1名,一等奖2名,二等奖4名,三等奖8名,优胜奖15名,分别予以奖励。特等奖设奖金2500元,一等奖设奖金2000元,二等奖设奖金1500元,三等奖设奖金800元,优胜奖设奖金500元,并颁发获奖证书。

    特等奖选手代表全体参赛选手发言。决赛所有获奖选手都有机会获得“华东政法大学法律翻译研究中心特邀法律翻译”资格的邀请,并有机会在大赛结束后不定期参与该中心举办的法律翻译实践与学术研讨。

    六、颁奖仪式
    颁奖仪式将于2012929于华东政法大学松江校区举行,届时将邀请全国法律翻译界专家出席。

    华东政法大学

    2012610

    第三届“华政杯”全国法律翻译大赛初赛试题

    试题一(关于宪法中的隐私权与表达自由)

    Following the limited success of his action in domestic law, Mosley petitioned the European Court of Human Rights, claiming a violation of articles 8 (the right to private life) and 13 (the right to an effective remedy), and seeking to establish whether the United Kingdom had a positive obligation under article 8 to protect Mosley by providing a legal duty on the News of the World to warn him in advance to allow him to seek an injunction.

    The court dealt firstly with the questions whether the applicant was still a victim of any breach of article 8 and whether he had exhausted all effective domestic remedies before petitioning the Court. On the issue of whether he was a victim, despite receiving compensation in the High Court, the European Court held that no sum of money awarded after publication of information causing the applicant humiliation could provide a remedy for his specific complaint - that no legal requirement existed which obliged the media to give advance warning to an individual of a publication which related to their private life. Hence, the applicant was a victim under the Convention. For similar reasons the court held that the applicant had not failed to exhaust effective domestic remedies (under art 34 of the Convention) by failing to appeal on the issue of exemplary damages, or by pursuing a claim for an account of profits or under the Data Protection Act 1998 for destruction of the relevant data. In the court,s view, none of those remedies could have addressed the applicant,s specific complaint about the absence of a legal requirement of prior notification of the publication of the article which had interfered with his right to respect for his private life.

    试题二(法学理论)

    In the Middle Ages there was a twofold organization of paramount or legal social control, namely, state control and church control. The writers of the church took their ideas of law largely from the Greek philosophers and the Roman law books. They conceived that the state existed in order to maintain justice and so to maintain the law of God. The teachers of law in the medieval universities postulated an emperor over all Christendom in its temporal aspects as the pope was over its spiritual aspects. State and church were held co-workers in maintaining justice and realizing the law of God. In time, they became rivals for the paramountcy. But typically in the Middle Ages they were expected to work together as concurrent agencies of upholding the social and moral order. The so-called restoration of the empire under Charlemagne gave an ideal to
    which men of the time recurred constantly in the quest of order and legal unity.

    But the ideas derived from the Roman law books were not only in contact with ideas of fathers of the church, they came also in contact with ideas of the Germanic law. Thus the juristic thought of the time was a resultant. There were two ideas of law: (1) The Roman-Byzantine, academic idea of enacted law— the civil law as enactments of the emperor Justinian, and the canon law as enactments of the popes — and (2) the idea of law as authoritatively declared custom, the idea of the customs of the Germanic peoples, authoritatively ascertained and declared by reduction to writing iuxta ex-emplum Romanorum.

    试题三(法律史)

    Historically, Chinese society preferred rule by moral suasion, rather than relying on codified law enforced by the courts. The teachings of Confucius1 have had an enduring effect on Chinese life and have provided the basis for the social order through much of the country,s history. Confucians believed in the fundamental goodness of man and advocated adherence to li (propriety), a set of generally accepted social values or norms of behaviour. Education was considered the most important means for maintaining order, and codes of law were intended only to supplement li, not to replace it.

    Confucians held that codified law was inadequate to provide meaningful guidance for the entire panorama of human activity, but they were not against using laws to control the most unruly elements in the society. The first criminal code was promulgated sometime between 455 and 395 BC. There were also civil statutes, mostly concerned with land transactions.

    Most legal professionals were not lawyers but generalists trained in philosophy and literature. The local, classically trained, Confucian gentry played a crucial role as arbiters and handled all but the most serious local disputes. This basic legal philosophy remained in effect for most of the imperial era. The criminal code was not comprehensive and often not written down, which left magistrates great flexibility during trials. The accused had no rights and relied on the mercy of the court; defendants were tortured to obtain confessions and often served long jail terms while awaiting trial. A court appearance, at minimum, resulted in loss of face, and the people were reluctant and afraid to use the courts. Rulers did little to make the courts more appealing, for if they stressed rule by law, they weakened their own moral influence.

    试题四(民商法)

    Article 5.2 of the Commercial Law allows the parties to choose foreign law in case one party is a foreign element. The language which allows the parties to choose foreign law is slightly different and clearer than art.759 of the Civil Code:

    Parties to a commercial transaction with a foreign element may agree to apply a foreign law or international practice, provided that such foreign law or international practice is not contrary to the basic principles of Vietnamese law.”

    Although the language of the Commercial Law is much clearer, it is not perfect. What constitutes “the basic principles of Vietnamese law”? A commercial contract is subject to both the general “basic principles” as set out in Ch. II Pt One of the Civil Code, and the “basic principles” as they specifically apply to a commercial transaction as set out in the Commercial Law. Both Codes contemplate that the parties are equal in the transaction and have freedom to negotiate and agree to terms. In addition, the Civil Code refers to the principle of legal compliance in “establishment and execution of civil rights and performance of civil obligations”, while the Commercial Code refers to the principle of application of common commercial practices. However, the grounds to challenge application of foreign law as incompatible with the “basic principles” of Vietnamese law would likely be narrow.

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