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Wednesday Jul 13, 2011

法庭翻译的高要求详析

    法庭翻译的高要求是众所周知的,在法庭翻译的上面要有一个严格的要求。
  法庭翻译(court interpreting)一般是指在民事或刑事诉讼过程中,当事人或证人由于不通晓当地(国)的通用/官方语言造成理解和表达上的困难时所得到的翻译服务。从事这一翻译工作的人被称为法庭译员。法庭口译主要分为同声传译(simultaneous interpreting)、交替传译(consecutive interpreting)和视译(sight interpreting)三种。同声传译是指讲话人讲话的同时,拖后几个词开始口译,这种方法对口译人员的要求较高。同声传译在美国、香港地区等是法庭口译的主要形式,但在大陆这种方式几乎没有采用。一是同传需要专用设备,而法院基本没有;二是同传对译员要求太高,而我国能做同传的法庭口译员非常缺乏。
  视译可以说是一种口译和笔译的混合体,因此既可以叫做视觉翻译(sight translation),也可以叫做视觉口译(sight interpreting)。 视觉口译的材料往往不会在庭审前给译员,所以需要译员当场口译,材料难度大(如判决书,证词等),时间紧迫,对译员的语言能力、法律知识和心里素质都是一种考验。
  法庭翻译是“透明”的,无论在任何一个场合,都应当自己不存在,所说的话只会根据讲者的意思而说,第一人称是给证人专有,译员就是证人的喉舌。证人说“我想喝水”,译员在翻译的时候就要说“I need water”,当真正要提及自己时,才用第三人称说:May the interpreter have some water? 同理,法庭翻译不能美化证人的言辞,要如实传达证人表达的意思,哪怕证人骂脏话,也不能在翻译中用委婉语代替。
  加州法庭专职翻译员Fenella说:“其实在庭上,法官会吩咐当事人说一句,停一阵,然后我就传译一句,是慢节奏的,宁愿冗长,也不要在传译过程中出错而影响证供的準确性。”每次在庭上开工,Fenella要一边用笔记录重点,一边又要用耳朵来接收对方的讯息,然后用脑来分析对方所说的意思再传译,耳、手、脑、口同时并用,怪不得她说每次出庭后她的脑都特别疲倦,而每次出庭前一晚,她更要确保睡眠充足。
  做法庭传译最难的是什么?Fenella说:“最难的情况是遇上有些当事人不能清楚地表达意思,然后我就要问来问去,直到问到清楚为止,尤其遇上pronoun(代名词)的句子,因为中文文法没有pronoun,只会用个‘他’字来表达,但每说一个‘他’可能是代表不同的人物,遇上这些情况就会要求当事人说清楚每个‘他’是代表什么。还有,遇上一些问题好像是很简单,但其实背后是隐藏另一深层的意思,做传译的就要很小心地解释出来。
  例如曾遇上一宗商业欺诈案,律师问那个被告人:“Can you use the computer?”这条问题其实是有两层意思的:一.你懂不懂用电脑?二.在公司内,你准不准用电脑?如果不了解这个问题的真正意思而回答“是!”,后果就可大可小,所以我便要追问律师这个问题的真正意思。 上海朗帝翻译公司 http://www.fanyigongsi2.cn

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