How to Translate Chinese Court Terms - Supreme People's Court Monitor - Susan Finder

How to Translate Chinese Court Terms - Supreme People's Court Monitor - Susan Finder

When I write about the Supreme People’s Court (SPC), like many others writing about Chinese law in English, I face translation issues, as legal concepts are embedded in language.  The challenge is to find appropriate legal terminology in English for PRC Chinese legal concepts, an issue that “brother” blogger and creator of theChinalawtranslate.com blog Jeremy Daum, and more broadly, anyone dealing with the Chinese legal system confronts directly.

He Fan , head of the planning department of the SPC’s judicial reform office, prolific translator of (English language) books on the US courts, particularly the US Supreme Court, has recently written about English translation of Chinese court terminology in his Wechat public account. Earlier, the Chinalaw listserv also hosted a discussion of the translation of some specific Chinese court terms.  To bridge the translation worlds, I am summarizing He Fan’s views on the translation of court terms, with my own comments in italics. He Fan’s sources are listed at the end, as are details on how to make comments or corrections.

1. 司法机关:  literally translated as “judicial organs,” which in English generally refers to the courts only, but in Chinese sometimes means 公检法 (public security/procuratorate/courts). Foreign journalists often have difficulty understanding this term. He Fan notes that if the term is translated as the “Judicial Branch,” it appears to mean the court system [and to an English speaker implies a system with multiple branches of government];
2. 审判机关: He Fan translates as “Adjudicative Body,” which he says is generally accepted internationally, but in my own experience “judicial organ” is used more frequently.
3. 审判员: he considers “judge” more easily understood (my 1993 article had a discussion of this vs. 法官);
4. The Supreme People’s Court of the People’s Republic of China”–He Fan notes that internationally, SPC is the usual abbreviation;
5. 地方各级人民法院: local people’s courts at various levels;
6. “基层人民法院: He Fan notes several different usages–“primary people’s court”; “grass-roots people’s court”; “basic people’s court”; “district people’s court”–he prefers primary people’s court.

He Fan’s example: 北京市海淀区人民法院：Primary People’s Court of Haidian District of Beijing Municipality of the People’s Republic of China; abbreviated as Haidian Primary People’s Court [I would personally move “Haidian District, to before “Primary/basic level people’s court]

7. 中级人民法院”–usual translation is “intermediate people’s court.”

8.  高级人民法院:，“higher people’s court;，“high people’s court,” or rarely “superior people’s court”–He Fan’s preference is “High Court;”

9. 专门法院: He Fan notes that “Special Court” is sometimes seen but “Specialized Court” is more accurate，and won’t be mistaken for special tribunal。

• 军事法院: “Military Court”；
• 海事法院: “Maritime Court”；
• “知识产权法院”译为“Intellectual Property Court”；
• “金融法院”译为“Financial Court”；
• “互联网法院: “Internet Court,” He Fan says some translate it as “Court for Internet,” but the usual translation appears to be Internet Court.

Internal court organizations

In his first Wechat article, He Fan splits internal court institutions into those designated by law and other ones, but this blogpost will disregard that distinction.

1. 独任庭: single judge panel
2. 合议庭: collegial panel;
3. 国家赔偿委员会: “the State Compensation Committee.” I have also seen “State Compensation Commission.”
4. 审判委员会: “Judicial Committee”，or “Adjudication Committee,” He Fan prefers “Adjudication Committee,” as it is less likely to be confused with committees created by the judiciary. My view is that “judicial committee” is used more widely.
5. 庭：He Fan mentions chamber, division, tribunal, or “adjudication tribunal,” but he himself prefers “division,” as he considers it more accepted internationally, so:
   • 立案庭: Case-filing Division;
   • 民事审判庭: Civil Division;
   • 刑事审判庭: Criminal Division;
   • 行政审判庭: Administrative Division;
   • 审判监督庭: Judicial Supervision Division;
   • 速裁庭: Summary Division;
   • 人民法庭: but long-established practice is to translate it as people’s tribunal.

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https://supremepeoplescourtmonitor.com/2018/06/19/how-to-translate-chinese-court-terminology/