2023年晶晶开题报告同等学力正文re.doc

1 Introduction
1.1 Need for the Study
Since entered WTO, the construction , one of the important pillar industries of national economy, has made astounding advances.With the introduction of FIDIC contract terms, Chinese enterprises have gradually become compatible with the international norms. In the field of international construction, there are more and more engineering projects which are contracted by Chinese or foreign companies. And the International Engineering Projects Contract (IEPC) is the formal written business contract signed by Chinese and foreign engineering enterprises.
Usually, in these contracts, if there's divergence, almost the English text shall prevail according to the international custom. But for China, it's extremely detrimental to draft and explain the contract with English. Foreign enterprises can make full use of the advantage of their native language—English, to make and explain the terms beneficial to their commercial interests. No matter the corporate representatives and the legal representatives of foreign-related projects, or full-time translators, engineers, contract managers and business negotiants, should grasp the language characteristics of the English contract, be familiar with contract terms and definitions. So it's necessary to study the translation of these contracts. And the title of master degree's dissertation is "A Tentative Study on The Translation of International Engineering Projects Contract From Chinese into English".
1.2 Structure of Thesis
Chapter I Introduction
The Generation of IEPC and The Present Situation on Translation of It
1. Background Description
2. The Development History on Translation of IEPC
2.1 The Production of IEPC
2.2 The Present Situation on Translation of IEPC
Chapter II Study of the Applicable Translation Theories of IEPC
1.The Application of Functional Translation Theory in IEPC
1.1 The Introduction of Functional Translation Theory
1.2 The Theory Applied in IEPC
2. The Translating Contrast between IEPC and General Foreign Trade Contract
2.1 Parties to The Contract
2.2 The Terms of Payment in Both Contracts
2.3 The Disputes and Solutions of Contracts
3. The Unique Linguistic Features and Translation Skills of IEPC
Chapter III Study of the Translation Skills of IEPC
1.The Style Characteristics of IEPC
2. The Linguistic Features of IEPC
3. The Frequently-used Methods on Translation of IEPC
Chapter IV Conclusion
Reference
2 Outline
2.1 Literature Review
2.1.1 FIDIC——The international conventions of construction
To participate in competition of the international project contracting market, we must understand and master the world-wide rules of the game -- the contract terms of FIDIC (International Federation of consulting engineers). It is a contract conditions which has collected hundreds of years of experiences in civil engineering and construction of developed countries, and integrated the engineering technologies, laws, economies and management sciences. The FIDIC contract involved in International engineering projects mainly includes four kinds. One of them, which is widely used in China and known by most Engineering management personnel is the "Red Book"——Conditions of Contract for Works of Civil Engineering Construction.
The framework relationship of FIDIC contract is the "trinity" among the owner, consulting engineer and the contractor , namely a kind of triangle, but is not an equilateral triangle. Consulting engineers closer to the owner, because now international project contracting market is still a buyer's market. In many international engineering contracting projects, the vast majority of Chinese enterprises play the role as contractors. Obviously, we are in a position of comparative disadvantages. In order to successfully complete the contracted projects, and maximize our domestic enterprises' interests at the same time, we must "do as the Romans do ". Earnestly study and profound understanding the FIDIC contract terms. Before signed the bilingual contracts with related enterprises, headed analysis and thorough understand the contents of the contract, especially in dispute resolutions and claim programs, which involve enterprises' interests.
2.1.2 The Functional Translation Theory
The functionalist approaches (maybe) is the research methods of " emphasis on function or text functions and translation" (Christiane Nord). And the funcionalism refers to the theories of researching the translation by this functional doctrine mode.
Functional translation theory has been seen originally in Rice's 《translation criticism of the possibilities and limits》(1971). Rice divided the version into three categories according to the function: Informative——giving priority to transfer various information, focusing on the objective facts; Expressive——mainly expressing subjective feelings and thoughts, focusing on the author; Operative/ Vocative——primarily to arouse the expected reaction of readers. And when translating the text of application style, it emphasizes on Informative and Operative/ Vocative.
In 1978, Vermeer first put forward the core theory of functionalist in《common frame of translation theory》:Skopos theory. And put forward three rules which translators must comply with: objective principle, the consistency principle and loyalty principle. Objective principle and loyalty principle is two basic principles of Skopos theory. Objective principle must be decided separately in each clear cases.And which decided this principle is translation brief. A customer who need a version request the translator to translate it for a specific purpose. And he/she will become the sponsor of the translation activities.
2.1.3 The translation of IEPC
The new FIDIC contract which was officially published in 1999 made important changes in some aspects of the original contract. It made the responsibility, right and obligation of both parties more rigorous, and the maneuverability is stronger. The general conditions of new "Red Book" including 20 paragraphs, 163 articles. The 20 paragraphs include: general provisions, owner, engineers, contractor, appointed subcontractor, staff and workers, engineering equipment, material and process, commenced, delay and suspension, tests on completion, the owner of the acceptance, defects liability, measurement and assessment, change and adjustment, contract price and payment, owner termination, suspension and termination by contractor, risk and liability, insurance, force majeure, claims, disputes and arbitration.
At present our country has introduced and adopted the FIDIC contract terms and management mode. Construction ministry and the state administration of industry and commerce reference the form and content of FIDIC contract terms (such as the appellation of "engineer" and its responsibilities, claim program, two-way claim system etc), jointly promulgated the "construction contract demonstrative text".
"Red Book" requires the whole project construction activities realize standardization. The preface of its fourth version: "The standardization in techniques and managements is indispensable for successfully completing the civil engineering construction projects." Standardization is to regulate the unified standards of the commodities, and being implemented in the whole process. It's an important part in the system of modern technology economy and science. The international engineering contracting contracts should also follow the standardization.
FIDIC contract 72nd paragraph, the settlement of disputes finally way is arbitration. The institution for arbitration is Dispute Adjudication Board (DAB). International arbitration judges by "Contra Proferentum Rule". This is very advantageous to the contractor which means when appearing the fuzzy or conflicting terms, the arbitrators would make the explanations in accordance with the worst situation for writers on principle. And the contract writers are usually consulting engineers or owner. This is also the biggest opportunity for contractors to submit the international arbitration.
2.3 Research Questions
1. What are the features of IEPC ?
2. What are the theories applying to IEPC ?
3. What are the problems frequently being disadvantageous to the claims in the process of translating the IEPC ?
2.4 Research Methods
Study the language and translation methods of the IEPC, by collecting the models of contracts both on international engineering projects and general foreign trades, and comparatively studying both of them according to the Functional Translation Theory.
2.5 Anticipated Conclusions
1. Accurate translation of the IEPC, can strengthen the communication and cooperation between countries and China in projects of international engineering, avoid the contradictions and arguments, and lay a solid foundation for connecting with the world successfully.
2. Strengthening the contract management consciousness, smoothly realizing the claims of international engineering projects according to the contracts, winning the maximized interests for Chinese enterprises.
3. The IEPC own the unique language and words. It's benefit to realize the modernization, the normalization and the standardization of contract management to distinguish them from other general foreign trade contracts.
3 Bibliography
Newmark, Peter.（2023）Approaches to Translation. Shanghai Foreign Language Education Press
Newmark, Peter.（1988） A Textbook of Translation. Prentice Hall International（UK）Ltd.
Nida, Eugene A.（1993）Language, Culture and Translation. Shanghai Foreign Language Education Press
Chen,X.Y.[陈新元]，2023，FIDIC施工协议条件与应用案例，北京：中国水利水电出版社
Hao,L[郝林]，2023，FIDIC施工协议应用技巧，北京：中国电力出版社
Wei,J[韦嘉]，2023，国际工程协议管理（双语），北京：中国建筑工业出版社
Chen,G[陈刚]，2023，应用文体翻译：理论与实践，浙江：浙江大学出版社
Liu,J.C.[刘季春]，2023，实用翻译教程，广州：中山大学出版社