Analysis and Correction of the Translation of"逮捕"(Arrest)in Chinese and Japanese Legal Terminology
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.
legal terminologyhomographs"逮捕"(arrest)detentionexternal dissemination of legal culture
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