Investigation and critical analysis of the Chinese translations of “jury” and “juror” since the late Qing Dynasty： Justification of the Chinese translations “决认员”, “决认员” and “决认”

The jury system is an important legal system within the common law system. At present, the English term “jury” is generally translated as “陪审团” and “陪审” in Chinese. The Chinese translations “陪审团” and “陪审” fail to accurately translate the essential features of this system, and the true implications of the term and are, on the contrary, quite misleading. There are two types of juries： the jury determining criminal guilt or innocence and the jury deciding whether someone should be accused. Both types of juries play leading roles in the democratic legal system and legal procedure. Neither type of jury has anything to do with “陪” or “审”, therefore, the translation “陪审” is totally erroneous. Re-translation of the term ＂jury＂ is necessary. In accordance with its true implications and functions, “jury” can be translated as “决认团” and “决认”. The word stem of the Chinese translations of the term group in the jury system should be “决认”. By analogy, such terms as （a） “jury system”, （b） “juror/juryperson/juryman”, （c） “jurywoman”, （d） “jury duty” and （e） “jury box” should be translated respectively as （a）“决认制度”, （b）“决认员”, （c）“女决认员”, （d）“决认责任” and （e）“决认席”. The Chinese translation “决认” is fully justified to replace “陪审”.

Improving Audit Judgment and Decision Making With Dual Systems Cognitive Model

This article proposes a dual system cognitive reasoning model to enhance audit judgment and decision making. The model is built on the fact that the total cognitive capacity of an individual comprises two systems of reasoning--System 1 that is unconscious, associative, implicit, more emotional and less controlled, and so forth; and System 2 that is conscious, explicit, deliberate and rule-governed, and so forth. The benefits of the proposed model that integrates these two complementary and compensatory systems are first illustrated with an example in audit planning, and second explained how the model could overcome the deficiencies of heuristics specifically in an audit context.

Rationality of escalating commitment in information systems project management： An inter-disciplinary perspective

Escalation of commitment has been linked to losses in information systems （IS） projects. Understanding the nature and the rationality of escalation allows the firm to promote optimal project management practices. This study takes an inter-disciplinary approach and draws on research from economics and management to create a model of irrational escalation and a model of rational escalation. The forces that contribute to irrational escalation include the responsibility of the same manager for both the project selection and project continuation decisions that create proneness to self-justification, the potential for negative framing of decision options due to large sunk costs, the proximity of project completion and the presence of organizational inertia. Identifying these irrational escalation factors helps design appropriate de-escalation techniques. The rational escalation model draws on the real option theory and the bandit process theory to identify conditions when project continuation is justified by the value of information and the value of flexibility that the firm receives from continuing the project.

Language Switching Based on Cognitive Interference Task and Its Teaching Implication for Consecutive Interpreting

An empirical study was addressed to explore the language switching selection based on conflict resolution task between bilinguals and monolinguals. The Double-Source interference task was designed to investigate the interaction of attentional network and bilingual＇s language conflict resolution capacity. ANOVA for repeated measurement was used to measure the main effect of different attentional networks. The response time of alerting network was significant faster than that of executive network. There was also a significant main effect of different groups of subjects that bilinguals responded faster than monolinguals when operating alerting and executive network. Language switching paradigm can be used to interpret the neuro-cognitive process of oral consecutive interpreting, so the teaching implication will be discussed in the present study.

Role of Metacognition in Mathematical Problem Solving Process of Permutations and Combinations--Basic Study for CAI Software Development

When solving a mathematical problem, we sometimes encounter a situation where we can not reach a correct answer in spite of acquiring knowledge and formula necessary for the solution. The reason can be attributed to the lack in metacognitive abilities. Metacognitive abilities consist of comparing the difficulty of problem with own ability, proper plan of solution process, and conscious monitoring and control of solution process. The role and importance of metacognitive ability in mathematical problem solving of permutations and combinations was explored. Participants were required to solve five practical problems related to permutations and combinations. For each problem, the solution process was divided into： （1） understanding （recognition） of mathematical problem; （2） plan of solution; （3） execution of solution. Participants were also required to rate the anticipation whether they could solve it or not, and to rate the confidence of their own answer. According to the total score of five problems, the participants were categorized into the group of the high test score and the group of the low test score. As a result, at the plan and the execution processes, statistically significant differences were detected between the high and the low score groups. As for the rating on the anticipation of result and the confidence of own answer, no significant differences were found between both groups. Moreover, the relationship between the score of plan process and the score of execution process was statistically correlated. In other words, the more proper the plan process was conducted, the more proper solution the participants reached. In such a way, the importance of metacognitive ability in the solving process, especially the plan ability, was suggested.

晚清以来Jury、Juror汉译考察与辨误

Jury制度是共同法系等的一种重要司法制度。英语jury目前汉语一般译作“陪审团”、“陪审”。从jury的功能来看，汉语将其译作“陪审团”、“陪审”不仅没有较准确地译出该制度的本质特征，没有译出其真实含义，而且有误导之虞。Jury一般分为两类：决断罪否的jury和认裁诉否的jury，两类jury在民主司法制度、司法过程中都发挥非常重要的主决主裁作用，“陪审”之译可谓谬之千里，Jury有重译的必要。依jury之真实含义与功能，应译作“决认团”、“决认”。该制度术语群汉译的词干应是“决认”。依此类推，jurysystem、juror/juryperson／juryman、jurywoman、juryduty、jurybox等应分别译作“决认制度”、“决认员”、“女决认员”、“决认责任”、“决认席”等。汉译“决认”有充分理由取代“陪审”。

The Idea of the Judicial System in a Large Country and the Development of International Civil Procedure in China

The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international civil procedures to guarantee its worldwide interests;and as a large country with the rule of law,it needs to improve the level of its judicial services and enhance the market attraction of its judicial system in global dispute resolution.Given that a country’s judicial system is an important element in measuring its comprehensive competitiveness,the global competitiveness of our international civil procedure is one of the goals to be pursued in the reform of Chinese judicial system.In order to raise the level of Chinese international civil procedure,China should emphasize the idea of the judicial system of a large country and prioritize its competitiveness,service orientation and cooperative approach to dispute resolution.In addition,it should focus on the following reforms:firstly,establishing a specialized system of international civil jurisdiction,with an increase in matters for competitive jurisdiction;secondly,enhancing China’s specialist services capacity in international civil actions,highlighting the expedient protection given to the rights of the parties concerned and stressing the professional development of judicial bodies in the commercial field;and thirdly,strengthening international judicial cooperation and facilitating the global movement of Chinese judgments.