选题理由
Laws are established by the state to regulate social relationships They serve to recognize, protect, and develop these relationships and the overall social order Ultimately, laws are essential for guiding individual behavior and managing interactions within society.
Legal writing is a crucial tool in the legal system and holds significant importance in social life Like other forms of writing, it possesses unique characteristics As a law enforcement officer in Vietnam, it is essential to effectively utilize legal language to clearly articulate violations, their severity, and consequences, thereby instilling a sense of legal deterrence in offenders This helps them recognize their mistakes and the legal responsibilities they must bear Additionally, effective communication during the penalty process is vital Without strong legal language skills and proficient communication techniques, the quality of work can diminish significantly Therefore, it is imperative to master legal regulations and accurately apply legal writing, particularly in criminal law, to successfully fulfill professional duties.
Legal language translation demands stricter standards than general translation In addition to meeting typical translation criteria, translators must navigate the complexities of linguistic, cultural, and legal differences, while adhering to legal conventions The primary goal of translating legal texts is to thoroughly comprehend the specialized legal nuances of the original document.
研究目的及任务
研究目的
This paper draws on previous theories and research in linguistics, integrating personal studies to examine the linguistic characteristics within the legal field The goal is to clarify the distinctive features of modern Chinese legal language.
This article explores the interrelationship between Vietnamese and Chinese legal languages resulting from their contact, highlighting the influence of this interaction It serves as a valuable reference for specialized research in legal language studies.
研究任务
为了达到上术目的，本论文拟定完成以下几项任务：
(1) 综述法律语言以及阐述有关的研究现状；
This article analyzes the characteristics of modern Chinese legal language by examining the features of words and sentences, aiming to summarize its distinctive traits.
This study links its findings to the legal language of Vietnam, highlighting both the corresponding and non-corresponding expressions between the two.
(4）研究与分析法律语言汉-越翻译问题并提出建议。
研究对象及范围
本文的研究对象为现代汉-越语法律语言。
本文的研究范围为：
(1) 中华人民共和国和越南社会主义共和国 2015 年刑法词语。
研究资料及方法
研究资料
This study utilizes the 2015 revised edition of the Criminal Law of the People's Republic of China and the 2015 revised edition of the Criminal Law of the Socialist Republic of Vietnam as primary research materials.
研究方法
This paper is guided by modern linguistics, contrastive linguistics, and translation theory, employing methods such as exemplification, analysis, and comparison for its research.
(1) 使用例证法列出现代汉越语法律语言的词语及句类。
(2) 使用分析法对现代汉越语法律语言中词语及句类的结构进行分析。
(3) 使用对比法对汉越法律语言进行对比，指出汉越法律语言之 间的异同。
In addition to the aforementioned research methods, I also employed statistical analysis, descriptive techniques, and inductive reasoning to conduct my study.
论文的创新点与研究意义
论文的创新点
Legal language serves as a crucial medium for communication between law enforcement personnel and individuals involved in cases, effectively embodying interrogation strategies and methods It not only fully represents national laws and policies but also reflects the competence and overall quality of law enforcement officials Therefore, this study focuses on exploring and analyzing legal language.
This paper examines the adaptability of modern Chinese legal language, analyzing its linguistic characteristics, including style, vocabulary, and grammar Additionally, it compares the findings with corresponding terms and sentences in Vietnamese, highlighting the similarities and differences between the two languages This comparative approach offers a fresh perspective on the study of legal language in this field.
This study expands the comparison of Chinese and Vietnamese legal language beyond the common scope of terminology to include words, sentences, terms, and offenses within criminal law By doing so, it aims to provide a more comprehensive and holistic understanding of the differences and similarities in legal language between the two languages.
Every research relies on clarifying fundamental concepts This paper focuses on defining the terms "legal language" and "jurisprudential language." "Legal language" has been in use for over two thousand years, but as time has progressed and the study of the relationship between law and language has deepened, the meanings associated with this term have undergone unprecedented changes.
According to modern legal theory, "law" refers to the legislative texts established by the state and the legal documents produced by officials executing these laws during judicial processes, which hold legal validity In contrast, "jurisprudence" encompasses the various scientific activities that study legal phenomena.
The term "law" encompasses a comprehensive understanding of legal issues, representing a collective body of knowledge and theoretical frameworks Consequently, jurisprudence serves as an overarching concept, while law itself is a specific branch within the study of jurisprudence.
"Legal language" is a specific aspect of legal systems, while "jurisprudential language" encompasses the broader theoretical framework of legal thought Essentially, the study of legal language is a branch of the broader field of jurisprudential language and its associated legal research.
The translation of legal terminology reflects the translator's sensitivity to professional knowledge and their level of expertise, as they navigate the distinctions between common and specialized meanings of words The inherent conflict between the general and professional aspects of legal language often blurs the lines between ordinary and technical definitions Ultimately, legal translation serves as a crucial means of communication among speakers of different languages within varying legal systems, highlighting a key focus of this paper.
This paper contributes to the understanding of modern Chinese legal language by examining the current criminal laws of China and Vietnam Additionally, it analyzes and highlights the similarities and differences between the legal languages of China and Vietnam.
研究意义
The study of legal language is a scientific discipline that holds both theoretical and practical significance In practical research, it is essential to move beyond traditional analyses of words and phrases, adopting a holistic perspective to develop a unique framework that aligns with the distinctive characteristics of legal language.
This paper represents the first comprehensive and systematic study of the characteristics of modern Chinese legal language in Vietnam It explores the relationship between law and language, analyzes the vocabulary and sentence structures of contemporary Sino-Vietnamese legal language, and highlights the similarities and differences in legal language between Chinese and Vietnamese.
This research paper will benefit Chinese language teaching and legal studies by enhancing learners' understanding of both Chinese and Vietnamese legal systems Upon completion, it will serve as a valuable reference for Chinese language education in Vietnam, particularly in the context of legal language studies and teaching.
论文结构
This paper is structured into four main chapters, in addition to the table of contents, introduction, conclusion, references, and appendices.
第一章: 法律语言相关的研究概况及理论基础
第二章: 中华人民共和国 2015 年刑法词语与越南社会主义共和国
2015 年刑法词语特点对比
第三章: 中华人民共和国 2015 年刑法句子与越南社会主义共和国
2015 年刑法句子特点对比
第四章：现代汉语法律语言越译问题。
法律语言相关的研究概况及理论基础
法律语言相关的研究概况
Legal linguistics is an emerging interdisciplinary field that primarily investigates the application of language within the legal domain Its research outcomes hold significant practical value in everyday life, highlighting its crucial role While legal linguistics has matured in foreign contexts, recent years have seen a surge of interest in China and Vietnam, where scholars are actively discussing challenges related to establishing a systematic framework for the discipline and placing greater emphasis on the study of legislative language.
The legal history of nations can be viewed as the history of their legal language The evolution of legal systems, as demonstrated by both Eastern and Western legal histories, shows that the development of any legal system, from its inception to its eventual refinement, incorporates beneficial elements from other legal systems, including the adoption of legal terminology and everyday language from those systems.
To enhance the overall quality of legal language, research in this field is essential By conducting specialized studies, we can summarize valuable experiences, clarify the objectives of legal language research, and promote its positive development.
1.1.1 世界上的相关研究概况
人类社会对于法律语言这一问题的关注最早可以追溯至 19世纪。美
国学者 W.C Robinson 在研究过程中，对法律语言范畴下词语的适用问
题、文风体例的特征问题进行了详尽的论述，并形成了 Forensic Oratory
In 1898, a seminal work was published that is widely regarded as the foundation of legal linguistics research Hattenhawer further contributed to this field with his 1968 publication, "On the History of German Legal Language and Statutory Language." His study focused on the German language, examining the evolution of legal language across different periods and analyzing the German government's regulatory demands on legal terminology.
David Mellinkoff, a prominent legal linguist, conducted extensive research on the field of legal language, culminating in his influential work, "The Language of the Law." This study delves into the intricacies of legal terminology and its implications within the legal system.
The article explores the origins of legal language, systematically summarizing and analyzing the distinct structural characteristics of legislative language, judicial language, and legal terminology.
Most prominent legal linguists in the West are also legal scholars, and they share similar views on legal language Law consists of a specific vocabulary, emphasizing that it is inherently a linguistic profession In fulfilling their responsibilities, legal professionals predominantly rely on language-based persuasion Scholars like Peter Tiersma have contributed significantly to this understanding.
者 Laurence L.Solan 在对话中就曾系统阐述了西方法律语言学界对法律、
语言二者之间关系的主要观点。具体如下。
The development and evolution of law are inherently tied to language, making it essential for legal professionals to pay close attention to the language that conveys legal concepts.
Research on modern legal language can be traced back to the 1970s, but organized studies began in the 1990s Since then, numerous research findings on legal language have emerged, significantly advancing the field of legal linguistics Various disciplines, including law and linguistics, have contributed to this progress, leading to the formation of dedicated research groups focused on legal language Additionally, major developed countries in the West have established their own specialized research associations for this purpose.
及至上世纪 80 年代中后期，法律语言研究学界针对单一法律词语、 句法的研究，也逐步拓展到法律文体、法律语言文化的研究范畴之中。 从法律语言学研究所服务的领域来看，也从单一的司法领域扩张到了社 会生活的方方面面。
诸 如 F.Bowers (1989)、V.F.Vasquez and R.Gonzalez (1991)、 M.Solan (1993), S.Sarcevic (1997)、E.A.B.Hughes (2002)、Deborah Cao
(2007) 等著名法学者或法语言学者也均出版公布了自身的语言学专著
研究。相关研究，一方面针对不同法律职业主体进行研究。例如法官主
The article examines the roles of various legal entities, including the body of law, attorneys, and prosecutors, while also exploring different types of legal documents such as trial records, judgment documents, indictments, and appeals.
Notably, scholar Peter Goodrich's seminal work, "Legal Discourse," delves into the study of legal language In this comprehensive research, he systematically discusses the specific structures of various types of legal documents while exploring them through the lenses of discourse analysis, semantics, pragmatics, and jurisprudence His work also provides a thorough summary of the characteristics and interpretative methods of legal texts Additionally, there has been a growing presence of significant academic publications on legal language in scholarly journals from developed countries in recent years.
Western legal linguistics has developed into a systematic and scientific discipline In the early 1990s, the International Association of Forensic Linguists was established, highlighting the growing interest in this field Notable legal linguists have emerged in countries like the UK and the US, including Malcolm Coulthard, Peter French, Judith Levi, and Diana Eades, who have made significant contributions to legal language research.
Legal linguists apply their research principles to legal practice, significantly impacting the drafting of legislation and legal documents Their work enhances the courtroom skills of lawyers and clients alike In common law countries like the UK and the US, legislation often takes the form of case law, which directs the focus of legal language research toward judicial practice.
1.1.2 中国法律语言的研究概况
Legal linguistics in China has seen initial development, beginning in the 1980s During its early stages, the research was conducted by experts and scholars from various fields within the legal community.
本课题相关的理论基础
1.2.1 法律语言理论
Language originated with the dawn of human society and has evolved alongside it It serves as the most convenient and effective communication tool, playing a crucial role in coordinating social activities and relationships A language is a collective treasure of the people who speak it, benefiting all users equally However, various social classes, strata, and groups within that society continuously influence the language.
Differences in language usage lead to distinct characteristics that manifest across various fields, categories, industries, and disciplines In the realm of legal science, these unique traits evolve into what is recognized as legal language.
1.2.1.1法律语言的认知
Legal language is a specialized form of communication that conveys legal meanings Developed countries in the West have established the field of "legal linguistics," primarily researched by lawyers, judges, and scholars proficient in their native languages This research is highly applicable and has shifted focus from the theoretical construction of legal language to its practical implementation.
Since the late 19th century, there has been an unprecedented focus in both Eastern and Western academic circles on the relationship between law and language Legal scholars recognize that the study of law is inextricably linked to legal language and terminology Consequently, the contemporary legal community has reached a consensus that what is generally referred to as "jurisprudence" can also be understood as the study of legal language.
Legal linguistics emphasizes the importance of language in the rule of law To enhance our research, it is essential to clarify the distinctions between "legal language" and "language of law," as well as the differences between "historical legal language" and contemporary legal terminology.
“现行法律语言”几个概念内涵的异同。
1.2.1.2 法学语言与法律语言
In the study of legal language, scholars often conflate the terms "jurisprudential language" and "legal language." The term "legal language" refers to a communal language formed from national languages, which has evolved over a long historical period and serves a social function in facilitating legal activities This communal language encompasses both spoken and written forms, including broader legal language and a more specific interpretation of legal terminology The distinction between these terms is significantly influenced by Western postmodern thought, leading to a shift from jurisprudence analysis to legal linguistics Consequently, the relationship between law and linguistics has become a focal point of academic interest.
The study of legal language reveals a deepening relationship between law and language, leading to the emergence of new disciplines that contribute to this exploration As research progresses, the distinction between law and legal studies becomes increasingly clear, highlighting the evolving nature of their academic relationship.
The legal language derived from law and the legal language based on jurisprudence are experiencing significant changes in their concepts and extensions However, legal language cannot fully encompass jurisprudential language, highlighting the necessity to distinguish the specific relationship between the two at both linguistic and legal levels.
The concept of "jurisprudence" in modern Chinese society encompasses various aspects of legal thinking, integrating elements of legal philosophy, legal history, socio-economics of law, comparative law, and legal textual interpretation According to legal scholar He Jinhua, within the Chinese legal system, "jurisprudence" primarily includes concepts such as "law studies" and "criminal law studies." The former focuses on legal philosophy and administrative law, while the latter is concerned with the interpretation and logical analysis of criminal law provisions.
According to the Dictionary of Terms, "law" primarily refers to constitutional legal documents and ordinary legal texts The Modern Chinese Dictionary defines it as a set of behavioral guidelines issued and formulated by national legislative bodies In legal studies, the term encompasses a scientific discipline focused on the study of national law or legal theory However, current publications, including works on legal philosophy, legal hermeneutics, legal culture, jurisprudence, comparative law, and legal thinking, predominantly use the term "legal language." There is even a tendency to interchangeably use "law" and "jurisprudence" in academic discourse.
The study of the relationship between law and language should extend beyond the analysis of written texts to encompass the evolution of legal language over time This includes examining the ideologies and principles embedded within different legal languages Additionally, it is essential to consider the political, economic, and cultural factors that influence these linguistic phenomena.
The study of the relationship between law and language necessitates a more comprehensive approach than merely explaining legal concepts through legal language The term "legal language" objectively encompasses both the broad concept of "legal academic language" and the narrow concept of "legal language," with the former focusing on theoretical research and the latter referring to the language used in legislative documents.
The relationship between rights and obligations can be summarized as a connection between principles and instruments This dynamic highlights the interplay between the establishment of rights and the stipulation of duties.
From a broad perspective, legal language encompasses two main components: "law" and "jurisprudence." However, this distinction between the two concepts is relatively simplistic and lacks both rigor and scientific validity.
The concept of "jurisprudence" within the field of legal studies encompasses a broader scope than that of "law." Therefore, the language of jurisprudence should be understood to include two key aspects: firstly, the theoretical language used to discuss, express, or interpret legal issues; and secondly, the descriptive language employed in legal statutes and regulations.
