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法规翻译  2007第1期
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法规翻译

上海市行政法制研究所译审外事室  (总第30期)

 [译文规范]

1. “民办非企业单位”翻译的统一

定义:民办非企业单位是指企事业单位、社会团体和其他社会力量以及公民个人利用非国有资产举办的,从事非营利性社会服务活动的社会组织。 它的一个明显特征是:不是由政府或者政府部门举办的。例如,民办律师事务所,民办学校、医院等。

在法规翻译中,对于这个名称的翻译有多种表述方式,比较混乱。 例如:private non-enterprise unit/entity/organization non-governmental non-commercial enterprise people-run non-enterprise unit the civil non-enterprise unit community-run non-enterprise institution non-governmental non-enterprise unit non-enterprise unit run by the local people non-governmental non-profit unit.

为了方便以后的工作,避免混乱,结合我室的翻译实践和网络资源求证,现建议将“民办非企业单位”统一译成“non-governmental non-profit unit” 因为此项翻译包括了 “non-governmental” “不是由政府或者政府部门举办的”和“non-profit”“非营利性的” 两个明显特征, 充分揭示了其内涵。

2. “人民群众”翻译的统一

在法规、规章和规范性文件的翻译中,常常遇到“人民群众”的翻译,而本室在过去的翻译实践中没有就该词组形成统一的译文,常见的翻译有: “the general public”, “the mass”, “people-mass”, “the masses”, “the masses of the people”, “the broad masses of the people”, “the people” “the populace”, “people crowd” 等。

鉴于如此之多的译文会造成不必要的混乱,现结合本室译审专家的意见,建议在没有严格上下文限制的情况下,将译文统一为“the masses of the people”, 以提高今后翻译工作的规范性和衔接性。

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[专家论坛]

本栏目专门刊登专家的翻译心得、体会,旨在为翻译园地的朵朵奇葩提供绽放的沃土。并不代表本室的任何规范性意见。

本栏目热忱欢迎各位翻译和译审专家的来稿,稿酬从优。

中华人民共和国《民法通则》AAA英译本比较分析(续)

(接总27期)

陈忠诚

原文:第八十一条 国家所有的森林、山岭、草原、荒地、滩涂、水面等自然资源,可以依法由全民所有制单位使用,也可以依法确定由集体所有制单位使用,国家保护它的使用、收益的权利;使用单位有管理、保护、合理利用的义务。

国家所有的矿藏,可以依法由全民所有制单位和集体所有制单位开采,也可以依法由公民采挖。国家保护合法的采矿权。公民、集体依法对集体所有的或者国家所有由集体使用的森林、山岭、草原、荒地、滩涂、水面的承包经营权,受法律保护。承包双方的权利和义务,依照法律由承包合同规定。

国家所有的矿藏、水流,国家所有的和法律规定属于集体所有的林地、山岭、草原、荒地、滩涂不得买卖、出租、抵押或者以其他形式非法转让。

译文:Article 81. State-owned forests, mountains, grasslands, unreclaimed land, beaches, water surfaces and other natural resources may be used according to law by units under ownership by the whole people; or they may also be lawfully assigned for use by unit under collective ownership. The state shall protect the usufruct of those resources, and the usufructuary shall be obliged to manage, protect and properly use them.

State-owned mineral resources may be mined according to law by units under ownership by the whole people and units under collective ownership; citizens may also lawfully mine such resources. The state shall protect lawful mining rights.

The right of citizens and collectives to lawfully contract for the management of forests, mountains, grasslands, unreclaimed land, beaches and water surfaces that are owned by collectives or owned by the state but used by collectives shall be protected by law. The rights and obligations of the two contracting parties shall be stipulated in the contract in accordance with the law.

State-owned mineral resources and waters as well as forest land, mountains, grasslands, unreclaimed land and beaches owned by the state and those that are lawfully owned by collective may not be sold, leased, mortgaged or illegally transferred by any other means. (LAB)

Article 81. Natural resources such as forests, mountains, grasslands, wastelands, siltbanks and waters which are owned by the State may, in accordance with the law, be utilized by a unit under the ownership of the whole people or be designated for use by a collectively-owned unit. The State protects the right to use and reap benefit from such resources. The unit utilizing the resource is obliged to administer, protect and make reasonable use of the resource.

Mineral resources owned by the State may, in accordance with the law, be exploited by a unit under ownership of the whole people or by a collectively-owned unit. They may also, in accordance with the law, be extracted by a citizen. The State protects lawful mining rights.

The lawful rights of citizens and collectives to manage under contract collectively-owned or State-owned, collectively-utilized forests, mountains, grasslands, wastelands, siltbanks and waters are protected by law. The rights and obligations of both contracting parties shall be stipulated in the contract in accordance with the law.

State-owned mineral deposits and rivers and forest-land, mountains, grasslands, wastelands and siltbanks owned by the State and designated by law as being owned by a collective may not be illegally bought or sold, leased, mortgaged or otherwise illegally assigned. (CCH)

Article 81. State-owned natural resources such as forests, mountain ridges, grasslands, uncultivated land, beaches and bodies of water may be used by units under ownership in accordance with the law, and the State protects the rights to use and to benefit from them; the units using them have the obligations of management, protection and reasonable use.

State mineral resources may be exploited by units under ownership by the whole people and by units under collective ownership in accordance with the law and may also be mined by citizens in accordance with the law. The State protects lawful mining rights.

The contractual operation rights of citizens and collectives to forests, mountain ridges, grasslands, uncultivated land, beaches and bodies of water under collective ownership or under State ownership and collective use in accordance with the law are protected by law. The rights and obligations of the contracting parties shall be provided in the contract in accordance with the law.

State-owned mines and watercourses and forests, mountain ridges, grasslands, uncultivated land and beaches owned by the State or stipulated by law as belonging to collectives shall not be bought and sold, leased, mortgaged or transferred in other unlawful forms. CLR

述评:1)第一款中“国家保护……”是平铺直叙地阐明国家保护制度,与“国家必须保护”以国家为义务人生命令国家保护截然不同。LAB不加辨别,盲目地译作“The state shall protect…”,当然又患“shall”滥用症了。CCHCLR两译认清了这一区别,毅然不上“shall”的当,都译作“t(T)he State protects…”,应予以表扬。应强调指出,在第二款乃至第三款译文中LAB又一次重复了滥用“shall”之误。

2)第二款“和”字,LABCLR都逐字照译、对号入座,均作“and”,不如CCH译作“or”精确。

3)第三款中,LABCCH均作“shall be stipulated in the contract”处CLR作“shall be provided in the contract”――究竟是“stipulated”对,还是“provided”对呢?都对!因为与之搭配的是“contract”而不是“law”――如果是“law”,那么如前已评述多次的,一般就不能用“stipulate”了。

4)可是,CLR第三款译文中偏偏又出现了“stipulate by law”这样的误译,必须更正为“provided by law”才是――切记切记!

5)按原文第四款的“林地……滩涂”,有两种可能的所有制――或者是国家所有,或者是(经法律规定由)集体所有,而决不是双重所有,即既属国家所有同时又是(经法律规定由)集体所有。因此,原文“和”不能译成“and”而只能译作“or”。

6)“出租、抵押”只指一方,而“买卖”却指双方,此乃汉语习惯。因此,译成英语时只须译“卖”而不必把“买”译出来。否则,“出租”与“抵押”也同时发生“承租”和“承押”的,怎么没有明文写出来呢?因此译文中的“bought”是多余的。

     7)由此可见中国法律汉译的洲际质量宏观问题是:如何提高译文的精确简练度。

原文:第八十二条 全民所有制企业对国家授予它经营管理的财产依法享有经营权,受法律保护。

译文:Article 82. Enterprises under ownership by the whole people shall lawfully enjoy the rights of management over property that the state has authorized them to manage and operate, and the rights shall be protected by law. LAB

Article 82. The lawful right of an enterprise under the ownership of the whole people to operate and manage property entrusted to it by the State to operate and manage shall be protected by law. (CCH)

Article 82. Enterprises under ownership by the whole people which enjoy operating rights in accordance with the law to operate and to manage the property given them by the State receive the protection of law. (CLR)

述评:1)对不起,不得不苦口婆心再一次(说不清是第多少次了)以最大的耐心着重指出:LABCCH所译“shall be protected by law”又错了。

2)更荒谬的是LAB的独家错误――“shall lawfully enjoy the rights”即“有义务享受权利”即谁不享受权利(经营权)谁就违背了义务违背了法律。这样由于乱用“shall”,权利变成义务了!

3)立法原文的先天不足也增加了英译工作的难度。例如本条国家授权的范围是“经营”和“管理”,但“依法享有”的却只有“经营权”而没有“管理权”了。这就是为什么同样这个“经营权”,LAB译作了“管理权”即“rights of management”,而CCH作“the lawful fright…to operate and manage”即“经营管理权”而CLR却按原文硬译作“经营权”即“operating rights”。真是难为了三家译文的译者了。如果由笔者选择,当然会选用“CCH”的译法。

4)本条原、译文的比较研究,为我们提供了一条非常宝贵的、独特的但也是常识性的经验:为了提高中国法英译的洲际水平,必先提高中国法的立法水平,或者说,中国法立法者的群众观点中也不能没有译者的观点。须知巧妇是难以保证(但还是要拼死命争取)把劣质米烧成优质饭的。以往不谏,来者可追。望我尊敬的立法者诸公,今后也能多为译者的译事着想,免得他(她)们在心有余而力不足的困境下只好违心地把你们的洋相出到洲际去。届时,幸勿谓言之不预也。

原文:第八十三条 不动产的相邻各方,应当按照有利生产、方便生活、团结互助、公平合理的精神,正确处理截水、排水、通行、通风、采光等方面的相邻关系。给相邻方造成妨碍或者损失的,应当停止侵害,排除妨碍,赔偿损失。

译文:Article 83. In the spirit of helping production, making things convenient for people's lives, enhancing unity and mutual assistance, and being fair and reasonable, neighboring users of real estate shall maintain proper neighborly relations over such matters as water supply, drainage, passageway, ventilation and lighting. Anyone who causes obstruction or damage to his neighbor, shall stop the infringement, eliminate the obstruction and compensate for the damage. LAB

Article 83. Neighbors on real estate shall correctly resolve their relationships with regard to such matters as damming of water, drainage, access, ventilation and natural lighting in the spirit of facilitating production, making life easier, unity and mutual assistance and equality and fairness. Should one party obstruct or cause damage to his neighbor, he shall cease the infringement, remove the obstacle and compensate for damage. (CCH)

Article 83. Neighbors to immovable property, in the spirit of benefiting production, making life convenient, group mutual assistance and fairness and reasonableness should correctly handle such neighborly relations as stopping the flow or draining of waters, passage, and ventilation and daylight. One who causes obstruction or loss to neighbors should cease the trespass, remove the obstruction, and compensate for the loss. (CLR)

述评:1)本条前后有两个“应当”,在三种译文中有正误两译――CLR照例误译为“should”,而LABCCH都正译为“shall”。

2)本条最后一句,行为人所造成的只是“妨碍或者损失”两种结果而已;但下文行为人应当排除的,都除了“排除妨碍”与“赔偿损失”之外,突然冒出了“停止侵害”这第三种前所没有的结果。因此,原文有关部分必须作如下修改:甲:“给相邻方造成侵害、妨碍或者损失的,应当停止侵害、排除妨碍或者赔偿损失”或 乙:“给相邻方造成妨碍或者损失的,应当[其后删除了“停止侵害”这四个从天而降、没来由的字]排除妨碍或者[不加添“或者”又是文理不通、立法不公了]赔偿损失”。

我们认为按显然不通的原文文字照传照译,不是负责的译法。为此,试图把原文的不通部分按照愿意正译如下:

A neighbor shall make good the obstruction or the loss he has caused to other neighbor(s). 16个词)或

A neighbor shall undo the infringement, the obstruction, or the loss he has done to other neighbor(s). (17个词)

原文:第二节
八十四条 债是按照合同的约定或者依照法律的规定,在当事人之间产生的特定的权利和义务关系,享有权利的人是债权人,负有义务的人是债务人。
债权人有权要求债务人按照合同的约定或者依照法律的规定履行义务。
译文:Section II Creditors' Rights

Article 84. A debt represents a special relationship of rights and obligations established between the parties concerned, either according to the agreed terms of a contract or legal provisions. The party entitled to the rights shall be the creditor, and the party assuming the obligations shall be the debtor. The creditor shall have the right to demand that the debtor fulfill his obligations as specified by the contract or according to legal provisions. LAB

Article 84. Debt is the particular relationship involving rights and obligations created between parties in accordance with the stipulations of a contract or provisions of the law. The parties in accordance with the stipulations of a contract or provisions of the law. The party which enjoys rights is the creditor and the party which bears obligations is the debtor.

A creditor has the right to demand that a debtor fulfils its obligations in accordance with the stipulations of a contract or provisions of the law. (CCH)

Section 2: Obligations (CLR)

Article 84. Obligations are relationships [involving] specified rights and obligations between parties, stipulated according to contract or provided in accordance with law. The person who enjoys the rights is the obligee, and the person who assumes the obligations is the obligor.

The obligee has the right to demand that the obligor perform his obligations according to the stipulations in the contract or in accordance with the provisions of law. (CLR)

    述评:1)原文文字上用的“债权”两字,但其立法意图即其实质涵义却不以“债权”为限,亦不以债权人为限;不以“债务”为限,亦不以“债务人”为限。凡是“债”,不问“债权”、“债务”都是规定的内容。因此,LABCCH把“债权”译作“Creditors’ Rights”,仅就“Rights”一字而论就已经错了――不合本节的实质涵义了。再说,“债权”不仅是“债主的权利”,从而它不是英语“Creditors’ Rights”所能表达的,这就是“Creditors’ Rights”是错误译名的双重证明。“Creditors’ Rights”这一译名是双重错误的译名,还可以从CLR不译“Creditors’ Rights”而译作“Obligation”这一事实中获得旁证。

2)据此,并力求译法之精确简练,提出下列试译供比较讨论并批评指正:

Obligations are specific right-duty relations arising from between parties by act of laws or by act of parties. Those entitled to the rights are obliges, whereas those charged with duties are obligors.

The obligee may demand specific performance by the obligor under the contract or law.

原文:第八十五条 合同是当事人之间设立、变更、终止民事关系的协议。依法成立的合同,受法律保护。

译文:Article 85. A contract shall be an agreement whereby the parties establish, change or terminate their civil relationship. Lawfully established contracts shall be protected by law. LAB

Article 85. A contract is an agreement between interested parties which creates, modifies or terminates a civil relationship. A contract established in accordance which the law is protected by law. (CCH)

Article 85. A contract is an agreement between parties for establishing, changing or terminating civil relationships.

A contract concluded in accordance with the law receives the protection of the law. (CLR)

    述评:1)“合同是……”的“是”,又被LAB滥译为“shall be”了;务必向CCHCLR学习、看齐――译作“is”。LAB把第二句末“受法律保护”误译为“shall be protected by law”亦务必按CCHCLR改正为“is protected by law”(或“receives the protection of law”)。

2CLR重又犯了擅自变更条文款数的错误――本条为单款条文被CLR擅自一分为两,成了多款条目了,殊属非是。

3)三译文中,以CCH较好;但“interested”并非必需,行文仍欠简练。

原文:第八十六条 债权人为二人以上的,按照确定的份额分享权利。债务人为二人以上的,按照确定的份额分担义务。

译文:Article 86. When there are two or more creditors to a deal, each creditor shall be entitled to rights in proportion to his proper share of the credit. When there are two or more debtors to a deal, each debtor shall assume obligations in proportion to his proper share of the debt. (LAB)

Article 86. If a creditor comprises two or more parties, each shall enjoy rights in accordance with its stipulated share. If a debtor comprises two or more parties, each shall bear obligations in accordance with its stipulated share. (CCH)

Article 86. When there are two or more obliges, they shall separately enjoy the rights according to their determined shares.

When there are two or more obligors, they shall separately assume the obligations according to their determined shares. (CLR)

    述评:1CLR重复了把单款条文译成错款条文的错误。

2)本条“债权人”和“债务人”的涵义各大于而不是等于“creditor”与“debtor”。因此,LABCCH所译远不如CLR之译作“obligee”与“obligor”为精确可取。

3)所示三种译法各用了两次“shall”,其中第二次(shall(…) assume/bear (the) obligations)都不能算错,但其中的第一次[shall (be entitled to)(separately)(enjoy)(rights)]都只能算错――都把权利的享受规定为一种义务(即享受权利的义务)从而颠倒了权利义务关系。

4)是否可以使译文更为简练紧凑一点呢?请看试译:

Two or more obliges or obligors involved in one transaction are to enjoy their rights or do their duties respectively in specified shares.

原文:第八十七条 债权人或者债务人一方人数为二人以上的,依照法律的规定或者当事人的约定,享有连带权利的每个债权人,都有权要求债务人履行义务;负有连带义务的每个债务人,都负有清偿全部债务的义务,履行了义务的人,有权要求其他负有连带义务的人偿付他应当承担的份额。

译文:Article 87. When there are two or more creditors or debtors to a deal, each of the joint creditors shall be entitled to demand that the debtor fulfill his obligations, in accordance with legal provisions or the agreement between the parties; each of the joint debtors shall be obliged to perform the entire debt, and the debtor who performs the entire debt shall be entitled to ask the other joint debtors to reimburse him for their shares of the debt. LAB

Article 87. If the number of creditors or the number of debtors is two or more, then, in accordance with the provisions of the law or agreement between the interested parties, each creditor enjoying joint rights has the right to demand fulfillment of obligations by the debtor. Each debtor bearing joint liability shall be obliged to fully discharge the debt. The party which has fulfilled the obligation has the right to demand that other debtors under joint liability pay the portion they should bear. (CCH)

Article 87. When there are two or more persons either as obliges or obligors, each of the obligees enjoys the right, in accordance with the provisions of law or as stipulated by the parties, to demand that any of the obligors perform the obligation; each of the joint obligors assumes the obligation to satisfy the entire liability. The person who has performed the obligation fully has the right to demand that the other joint obligors reimburse him [according to] the shares undertaken. (CLR)

    述评:1)“共同”是“共同”即“joint”;“连带”只是“连带”即“joint and several”而绝不是“joint”――那是“共同”!因此,LABCCHCLR等三译中一个又一个再一个的“joint”们,个个都是错误译名,务必个个都坚决地彻底地毫不留情地更正为“joint and several”。

2CLR能正确使用“stipulated”,在目前中国法英译的洲际现况下,应该得到鼓励。

3)为探索如何使译文精确简练,试译如下,请在指正:

Each of the two or more obliges or obligors involved in one transaction and related jointly and severally under law or contract right-wise or duty-wise is entitled to demand for performance in toto or bound to discharge the obligation in toto, as the case may be. The obligor in the latter case may claim any other obligor’s share for reimbursement.

原文:第八十八条 合同的当事人应当按照合同的约定,全部履行自己的义务。
合同中有关质量、期限、地点或者价款约定不明确,按照合同有关条款内容不能确定,当事人又不能通过协商达成协议的,适用下列规定:
(一)质量要求不明确的,按照国家质量标准履行,没有国家质量标准的,按照通常标准履行。
(二)履行期限不明确的,债务人可以随时向债权人履行义务,债权人也可以随时要求债务人履行义务,但应当给对方必要的准备时间。
(三)履行地点不明确,给付货币的,在接受给付一方的所在地履行,其他标的在履行义务一方的所在地履行。
(四)价款约定不明确的,按照国家规定的价格履行;没有国家规定价格的,参照市场价格或者同类物品的价格或者同类劳务的报酬标准履行。
合同对专利申请权没有约定的,完成发明创造的当事人享有申请权。
合同对科技成果的使用权没有约定的,当事人都有使用的权利。

译文:Article 88. The parties to a contract shall fully fulfill their obligations pursuant to the terms of the contract. If a contract contains ambiguous terms regarding quality, time limit for performance, place of performance, or price, and the intended meaning cannot be determined from the context of relevant terms in the contract, and if the parties cannot reach an agreement through consultation, the provisions below shall apply:

(1) if quality requirements are unclear, state quality standards shall apply; if there are no state quality standards, generally held standards shall apply.

(2) if the time limit for performance is unclear, the debtor may at his convenience fulfill his obligations towards the creditor; the creditor may also demand at any time that the debtor perform his obligations, but sufficient notice shall be given to the debtor.

(3) if the place of performance is unclear, and the payment is money, the performance shall be effected at the seat or place of residence of the party receiving the payment; if the payment is other than money, the performance shall be effected at the seat or place of residence of the party fulfilling the obligations.

(4) if the price agreed by the parties is unclear, the state-fixed price shall apply. If there is no state-fixed price, the price shall be based on market price or the price of a similar article or remuneration for a similar service.

If the contract does not contain an agreed term regarding rights to patent application, any party who has completed an invention-creation shall have the right to apply for a patent. If the contract does not contain an agreed term regarding rights to the use of scientific and technological research achievements, the parties shall all have the right to use such achievements.LAB

Article 88. The parties to a contract shall fully discharge their obligations as stipulated by the contract.

If the contract stipulations concerning quality, duration, location or prince are unclear and cannot be determined by reference to relevant articles in contract and if the parties, moreover, are unable to reach agreement through discussion, the following provisions shall apply:

If the quality requirements are unclear, the contract shall be performed in accordance with State quality standards. In the absence with usual standards.

If the term of performance is unclear, the debtor may fulfill its obligations to the creditor at any time. The creditor may also demand at any time that the debtor fulfill its obligations, but shall allow the other party the necessary preparatory time.

If the place of performance is unclear and the payment of money is involved, performance shall be in the place in which the party receiving the payment is located. If the place of performance is unclear in other respects, performance shall be in the place in which the party fulfilling the obligation is located.

If the agreement with regard to price is unclear, the contract shall be performed in accordance with a price set by the State. In the absence of a State-set price, the contract shall be performed with reference to the market price or the price of a similar item or the standard of payment for a similar category of labor.

If a contract does not contain an agreement with regard to patent application rights, the party which accomplishes a discovery or invention shall enjoy the right to apply for patent.

If a contract does not contain an agreement with regard to rights to use scientific or technical results, the interested parties shall all enjoy such rights. (CCH)

Article 88. Parties to a contract shall fully perform their own obligations in accordance with the stipulations of the contract.

If the provisions of the contract as to quality, term, place or price are not clear, and they cannot be ascertained from the content of the relevant provisions of the contract, and the parties are unable to arrive at a negotiated agreement, the following provisions shall apply:

Where the quality required is not clear, then performance accords with the State standard of quality; where there is no State standard, performance accords with customary standards of quality.

If the term for performance is not clear, the obligor may perform his obligation to the obligee at any time; also, the obligee may demand the obligor to perform his obligation at any time. However, [either party] should give the other party time necessary to prepare.

Where the place for performance is not clear, if money is paid, then the place of performance is the location of the recipient of the money; in other cases, the place of performance is the location of the party who is obligated to carry out the performance.

Where the price stipulation is not clear; the performance accords with the prince provided by the State; where there is no State-provided price, performance should refer to the market price or to the price of goods of the same type or the standard of remuneration for labor of the same type.

Where a contract lacks a stipulation as to the right to apply for a patent, the party who made the invention-creation enjoys the right of application. Where a contract lacks a stipulation as to the right of use of the fruits of science and technology, all the parties have the right to use them. (CLR)

述评:1)上列汉语原文录自LAB;但LAB在排印时采用的,本是一种所谓新式――不问场合,各款之首一律“顶格”。但本条最后两款却忘了顶格了。因此乍一看,最后两款“合同……”、“合同……”款不成款,而活像是二款(四)的组成部分了。须知法律条文即使是汉语,即使是其排印规格也是丝毫马虎不得的。切记,切记,切切记!CLR则是明目张胆地把第三、四两款合并为一款了。

2)各译文中的“shall”共约21个,其中除了第一款各家译文中的“shall”(共3个)和CCH译文第二款(ii)项中的“shall”(共1个)两共四个外,总共17个“shall”个个都是滥用的。我国法律之英译的洲际水平如此,是难以令人置信却又确是实态,为我译者同仁提供了粗中求精、精益求精的广阔天地――这多么令人高兴啊。

3)“所在地”非“居所地”;因此,LAB所译的“place of residence”是错的。

4)在LAB犯了“shall all have the right”,CCH也犯了“shall all enjoy such rights”等大错特错外,CLR能众醉独醒、按“shall”之兵不动,而译作“all the parties have the right”,应授予洲际中国法英译专项特等奖,并通报各洲译者好好学习,天天向上。

5)其余以译代评,试译如下,供讨论批评:Article 88

Parties to a contract shall fully discharge their obligations under the contract.

If contract stipulations on the quality, time, place or price are neither clear nor possible to be ascertained by other, related stipulations, and the parties are unable to reach and agreement through negotiations, the following provisions apply:

The quality requirements unclear, performance is governed by State standards, absent which the usual standard governs.

The performance time unclear, the performance is to take place at any time at the initiative of either of the contracting parties, allowing good time for the other party to get prepared.

Performance place unclear, the performance involving money payment takes place where the payee is, whereas a performance otherwise takes place where the performer is.

The agreed price unclear, the state price governs, absent which the market price or the price for similar article or service governs.

A contract silent on patent application, the contracting party-discoverer or �inventor is entitled to the patent application.

A contract silent on a right to the use of sci-tech fruit(s), all the contracting parties are entitled to the use.                               (未完待续)

[译作欣赏]

编者按:本栏目本期所选译文均摘自我室翻译专家的翻译审定稿,仅供大家参考和探讨,并不代表本室的任何规范性意见。

1.发挥价格杠杆对配置资源的基础性作用,加快建立反映能源供求状况、体现能源稀缺程度、有利于吸引优质资源流入、有利于形成能源安全体系、有利于节能降耗的价格机制。

建立与上游资源价格涨跌同向联动的机制。成品油、天然气价格逐步与国际市场接轨。继续完善峰谷、季节差价,促进削峰填谷。对清洁能源和可再生能源实施价格激励政策。逐步理顺能源比价关系。

实施差别化价格政策。制订分行业万元增加值(产值)能耗或产品单耗限额标准,超过限额标准的耗能,实施累进加价;对列入计划应予淘汰的高能耗劣势产业的用能,实施加价。完善阶梯式价格管理政策,对满足基本需求的生活用能,价格保持相对稳定;对超出基本需求的能源消费,实行分级递增的价格政策。

建立完善相应的配套措施。对垄断行业实行严格的监管机制,对调价收入使用建立合理的调节机制,对公交等公益性行业实行补贴机制,对困难群体采取社会保障措施,确保价格改革平稳实施。

We shall use price as a basic leverage in resource distribution, and lose no time in setting up a pricing mechanism that will truthfully reflect the supply and demand situation of the energy market, reflect the seriousness of energy shortage, help attract the inflow of quality energy sources, contribute to energy conservation and reduction of consumption, and help form a energy security system

We shall set up a mechanism that links the price of energy with the price of up-stream resources. The prices of refined oil and natural gas shall gradually be in keeping with the world market. A system of price differentiation shall further be perfected under which the price of energy will differ from peak hours to valley hours and from season to season, thus reducing peak load and increasing valley load. Price incentives shall be given to the use of clean energy and renewable energy. The irrational factors in the energy pricing system shall be gradually eliminated.

We shall implement the policy of price differentiation, and place caps on energy consumption per ten-thousand yuan value added (output value) for each specific industry or on energy consumption per product. Progressive pricing shall be applied to energy consumption that exceeds the cap. For energy consumed by industries that should be gradually phased out under the municipal plan for excessive energy consumption, a surcharge shall be imposed. An escalated pricing management policy shall be improved under which the price of energy for basic needs in every-day life shall be kept at a relatively stable level, and for energy consumed for non-essential needs, a progressive pricing policy shall be implemented.

We shall also adopt and improve appropriate supporting measures. A strict supervision and control mechanism shall be implemented for monopoly industries, a rational regulatory mechanism shall be established for the proceeds from price adjustments, and subsidies shall be given to non-profit undertakings for public good, such as public transportation, and the poor and needy shall be protected by social welfare. In this way we will ensure that the price reforms will be carried out in a steady manner.

2.原享受供养人单位的劳动保险(以下称家属劳保)待遇的保障对象,按照本办法的规定享受少儿学生医疗保障待遇后,其家属劳保中的住院和门诊大病医疗待遇不再享受,但一般门急诊医疗费用仍按家属劳保有关规定执行。

An eligible beneficiary that was originally entitled to the benefit of labor insurance provided by his/her family supporter’s organization (hereinafter referred to as “dependent’s insurance”), and who now enjoys School and Pre-School Children Medical Care Coverage in accordance with the provisions of the present Procedures shall cease to enjoy the benefit for hospital treatment and outpatient treatment for serious illnesses provided by dependent’s insurance, but shall continue to be covered by dependent’s insurance in accordance with its relevant provisions for ordinary outpatient or emergency treatment costs.



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