中日同形法律术语“逮捕”对应译词辨正

Analysis and Correction of the Translation of“逮捕”(Arrest)in Chinese and Japanese Legal Terminology

中日两国同属汉字文化圈,同属大陆法系,二者的法律术语中存在着大量同形词,如“逮捕”等。这些同形词为中国人学习、翻译日本法律以及日本人学习、翻译中国法律带来莫大便利的同时,也给学习者和翻译者设置了各种“陷阱”。研究中日两国词汇的成果较多,但研究中日两国法律术语的成果相对较少。许多中日两国辞典(含法律用语辞典)和翻译的法律文本将“逮捕”当作同形同义词处理。通过查阅中译日和日译中两国辞典(含法律用语辞典)、法律文本翻译件、法学著作中的对应译词,以及比较中日两国刑事诉讼法中强制措施的顺序与特征,基于认知语义学、对照语言学的理论,采用例证的研究方法,仔细辨析中日法律术语“逮捕”的释义,经过比较分析后发现,中日法律术语“逮捕”并非同形同义词,而是同形异义词。中文法律术语“逮捕”的词义相当于日文法律术语“勾留”,日文法律术语“逮捕”的词义相当于中文法律术语“拘留”。

China and Japan,both within the cultural sphere of Chinese characters and operating under civil law systems,exhibit a significant number of similar vocabularies in their legal terminologies,including the terms“逮捕”“拘留”“裁判”“审判”.While these vocabularies have facilitated the learning and translation of Japanese law for Chinese learners and vice versa,they have also caused complexities for translators and learners alike.Extensive research has been conducted on vocabularies in both China and Japan,but comparatively little attention has been devoted to legal terminology.Therefore,a comprehensive,in-depth,and accurate understanding of the similarities and differences in legal terminology between China and Japan is a common challenge for linguists,law learners,and researchers.Many Chinese-to-Japanese and Japanese-to-Chinese dictionaries,including those specialized in legal terminology,along with translated legal documents,define“逮捕”“拘留”“裁判”“审判”into synonymous terms based on their form.Due to space limitations,this study only focuses on the corresponding translation of the legal term“逮捕”(arrest)in Chinese and Japanese.Reviewing the aforementioned dictionaries,translated legal texts,and legal works in both China and Japan,as well as a comparative analysis of the order and characteristics of coercive measures outlined in the criminal procedure laws of both countries,this study,based on theories of cognitive semantics and contrastive linguistics,employs illustrative examples to carefully dissect the nuances of the Chinese and Japanese legal term“逮捕”.Following this comparative analysis,it is found that“逮捕”in both Chinese and Japanese language means one of the criminal coercive measures(punishment)that restrict personal freedom in criminal procedures of the two countries.Compared with bench warrant service,bail pending trial,residential surveillance,and detention,Chinese“逮捕”is the most severe criminal coercive measure,equivalent to Japan's criminal coercive punishment of“勾留”.“逮捕”in Japanese,on the other hand,is the initial act of mandatory detention of suspects in Japan's criminal compulsory punishment.compared with“勾留”,and its severity is weaker,equivalent to“custody”in China's criminal compulsory measures.Therefore,the legal term“逮捕”in Chinese and Japanese do not have the same meaning but rather are homographs.The cultural exchanges between China and Japan have a long history.In the process of learning and reference,the phenomenon of directly copying the same legal terminology in translation is relatively common.However,the legal terms of the same form between China and Japan do not correspond to each other.In the mutual translation of Chinese and Japanese legal terms,to distinguish the differences in the lexical meanings of homographs,and try to find out the corresponding equivalent legal terms,it is necessary to analyze the meanings of the original terms from Chinese and Japanese dictionaries,legal text translations,the corresponding substantive law or procedural law,as well as the writings of legal experts in the two countries,and summarize the various meanings of Chinese and Japanese legal terms,accordingly to select the corresponding Chinese and Japanese translations and to limit the scope of the use of legal terms of the same form in both languages,thus accurately expressing the original meanings the legal terms and avoiding misunderstandings,distortions,or omissions in their translation.