英语毕业论文-A brief analysis on stylistics feature 浅谈商务英语
的文体特征
Content
1 Introduction...................................................................................................................... 1
2The definition of business English contract ............................................................... 1
3 The stylistic feature of business English contract ......................................................... 2
3.1 The purpose of studying stylistic feature ............................................................. 2
3.2Formal styles ...................................................................................................... 3
3 .3The lexical feature................................................................................................. 3
3.3.1 Formal words .............................................................................................. 3
3.3.2 Archaic words ............................................................................................. 4
3.3.3Technical words ........................................................................................... 5
3.4 The syntactic and grammatical feature ................................................................ 5
3.4.1 Declarative sentence ................................................................................... 6
3.4.2 Long complex sentence .............................................................................. 6
3.4.3 Passive voice ............................................................................................... 7
3.4 .4 Using of shall ....................................................................................... 8
4 Conclusions...................................................................................................................... 9
Bibliography ............................................................................. ..11
浅谈商务英语合同的文体特征
学生姓名:******
指导老师:******
摘 要:随着市场经济的不断完善和改革开放的深入发展,我国在世界经济活动
中魅力四射,活跃无比,增强了与世界各国的经济,贸易合作。对世界经济的发
展起着举足轻重的作用。在世界经济全球化的今天,合同作为促进世界经济发展
的桥梁,其地位日益突出,其作用愈加广泛。优秀的合同又助于来自不同文化背
景的当事各方达成一致协议。合同作为一种法律文件,规定了合同各方的权利与
义务。本文的主要内容将借助大量出现在合同中的典型例子,对合同的概念,用
词特征,句式和语法特征加以具体、详尽的阐述。首先介绍的是商务英语合同的
概念 和 学习文体特征的必要性和意义,其次从正式词,专业词,古体词 三方
面阐述了合同的用词特征。最后,从陈述句,复杂句,被动语态,情态动词shall
的用法
了合同的句式特点及语法特征。
:商务英语;合同;文体特征
A brief analysis on stylistics feature of
Business English contract
Undergraduate: ************
Supervisor: ************
Abstract: With the in-depth development of Chinese market economy and
opening-up, China plays an indispensable role in the world economical activities and
enhances the economic and commercial cooperation with foreign countries .The status
of contracts has risen to prominent and the application of contracts have become more
and more common at this time of world economic globalization. Well-drafted
contracts can help to ensure that parties who have different cultural backgrounds
reach a mutual understanding with regarded to their rights and obligations. However,
well-draft contracts are drafted on the basis of drafters’ professional knowledge about
contracts like stylistic feature, relevant law, and business technical terms. This paper
will attempt to elaborate fully the definition of business English contract, lexical
feature, syntactic feature, grammatical feature with the aid of examples in
contract .First and foremost, this paper gives the definition of business English
contract. In addition, it states the definition and aim of studying stylistic feature and
the lexical feature of contract from the perspective of formal words, technical words
and archaic words by the means of quotations from professors. Furthermore, it
expounds the syntactic and grammatical feature from the side of declarative sentence,
passive voice; the use of modal verb shall with the help of contractual examples. All
in all, this paper tries it’s best to expound clearly the stylistic features of a business contract.
Key words
: business English; contract; stylistic feature
1 Introduction
Doing business with the worlds is the theme for China during the decades.
Business English contracts are so many that no one knows how many contracts are
made every day. If you are responsible for purchasing raw material for your company,
you must sign contract with your foreign seller .If you are appointed to import a
shipment of sophisticated instruments from American, before you pay for them, you
must do everything according to contract .If you found a limited company, there will
be a contract with you and the shareholders. There is no doubt that important statuses
of contracts are decided by the function of contracts. Contracts as a legal instrument
regulate the respective responsibilities and obligations .Any party will be ordered to
make compensation if it fails to fulfill its contractual obligation. On the other hand,
protecting all parties’ legal rights and interests is the main function of business contracts in commercial activities with foreign parties. As Yu Sumei said a contract is
an agreement which sets binding obligations of the parties concerned
[1] .In fact, the
execution of contract is central sector in commercial and economic activities. Being
aware of the importance of contracts and the necessity of contract ,more and more
Chinese scholars have engaged in researching this field .Accordingly, a series of
books and articles have appearing in library .A great member of books focus on
linguistically characteristic and English-Chinese translation of sample in business
contract . Song Deiwen who studies Business English Contract wrote a book named
“A study of English contract; style and translation”. From the title to arrangement of
the book, the author analyzes the stylistic characteristics, linguistic feature of
Business English Contract and the strategies of English-Chinese translation [2].
“Business writing ”wrote by Yu Sumei discuss the linguistically strategies of writing
[3]business contract.Mo Zaishu has his ideas that the stylistic feature of Business
English contract, choice of words, sentence structure and English-Chinese translation
[4]. After I researched carefully such books, I find that there seem to be a lack of
discussing stylistic characteristic in detail. In view of this , this paper will make effort
to state clearly the stylistic feature of business English contract from the perspective
of definition ,formality, lexicon, syntactic feature and grammatical feature with
the aim of providing more or less enlightening ideas and assessing workers of further
understanding international rules in business trade.
2The definition of business English contract
With the development of Chinese economy and foreign trade, a mutual of trade
contracts spring up between nations in the commercial activities. Understanding the
definition of business English contract is quite necessary to be proficient in the feature
of contract .According to Article 2 of The Contract Law of The People Republic of
[5]China, contracts referred to this law are agreements between equal natural persons,
1
legal person and other organization for the purpose of establishing, altering and
terminating mutual civil rights and obligations. So, a contract firstly opposes legal
characters and is a kind of legal activities. “In the broadest sense, a contract is simply
[6]an agreement that defines a relationship between one or more parties” said by
Shippey. K. C. He further had pointed out that a commercial contract, in simplest
terms, is merely an agreement made by two or more parties for the purpose of
[7]transacting business. It is easy to draw conclusion from those quotations that a
contract is an agreement that two or more parties mutually bind themselves to give,
obtain from cooperation for securing economic benefit and enhancing common
development .A contract is conducted in more than one country .So far as a certain
country is concerned, an international business contract is also called a foreign
contract [8]. For one country business English contract can be called foreign contract
only if it conforms to the following three situations:
1 one or more parties in contract do not hold Chinese nationality.
2The object in contract locates outside of China.
3Some legal facts occur out of China, for example Chinese companies sign
contracts with foreign enterprises in foreign countries. As an legal document, a
contract plays an important role in international economic trade activities when the all
parties carry on business and safeguard the legal right and interests .Consequently,
business English contract is a written agreement signed by legal person, or other
economic organization with foreign natural person or other organizations with the aim
of securing certain economic benefit on issue as rights and obligations of each party.
No matter what kinds of contracts or wherever they are signed ,they are regarded as
legal documents .They possess legal position .Therefore ,a business contract not only
does it have obvious characteristic of business English ,but also it is related to legal
English feature .There are two kinds of contracts, one is formed ,the other is
informed ----oral contract. But most businessmen only accept formal contract as a
conclusive proof when the displeased dispute appearing among parties because of
damaging, later payment, and extraneous risk, or force Majeure, short weight in large
or important transaction. In order to minimize the risk of economic loss, the content in
contract should state in detail all the terms and conditions agreed upon by the parties
and list the respective rights and obligations and all matters concerning the transaction.
As Song Lei said “a contract serves as a significant legal document basis for the
contracting parties at home and abroad to conduct translation and defend their
respective right and interest”
[9].
3 The stylistic feature of business English contract
3.1 The purpose of studying stylistic feature
The style in English originated from the word stylus of Latin. It has many
meanings although studying the subject of style is called stylistic. Different people
hold different ideas about stylistic like literature stylistics is applied to epoch-make creative literature works; practical style has its own character of formality which
surely involved in contract. According to Essentials of English stylistic, “stylistic is a
2
[10]way of application language”. He further explained that stylistics is revealed in all aspect of linguistic aspects and it embodies in choice of language, writing, lexicon,
[11]syntactic structure and type in text linguistic. Qian Yuan also hold the similar view.
She defined stylistic as “stylistic is a branch of linguistic which applies the theory and
methodology of modern linguistic to the study of style. It studies the use of languages
in specific contexts and attempts to account for the characteristic that make the
[12] language use of individuals and social group”.From what Qin Xiubai and Qian
Yuan said, we can easily hold the conclusion that stylistic is concerned with
description of writer’s verbal choices, syntactic structure, writing feature. The aim of
analysis on stylistic feature is to help readers grasp a method of language analysis and
solve problems of articles. A contract is a form of linguistic manifestation, but the
linguistic phenotypic effect and communicative function are materialized through
phonology, lexicon, syntactic structure .However, language has a wide rang of
varieties such as regional variety, social variety, time variety .Different people from
different cultural environment may have their own personal opinions for the same
substance, because they are impacted profoundly by the traditional culture. Therefore,
needless to say, as an English mayor student, it is imperative to develop a sense of
appropriateness with study of stylistics feature. It provides a way to a method of
language analysis and accelerates the process of acquisition of the ability by its
systematic description of language varieties.
3.2Formal styles
Because a contract is a kind of legal document which is concerned with
respective obligation, responsibilities, interests, rights of all parties .It binds upon all
parties .As a legal evidence for settlement of disputes, the clauses in contract must be
clarity, coherent, integral, dignified when the contract is drafted .In principle, a
contract has certain form, it is usually adopted by written form. Adopting written form
in contract is determined by the communicative function of written language. In the
Martin Joes’ book The Five Clocks; he had the idea that the language style has five
levels: frozen style, formal style, consultative style, coaxial style, intimate style [13].
According to Joo’s analysis, the frozen level is applied for written legal document
[14]certainly including contracts .This type of formality is released in formal words, technical words, archaic words, declarative sentence and long sentence.
3 .3The lexical feature
3.3.1 Formal words
Business English contract adopts frequently formal words which have the
characters of brevity of speech, well-knit structure. In order to express correct
meanings, avoid unnecessary misunderstanding caused by the use of incorrect words
and embody the stickiness of contracts, contracts are free from pomposity and
emotional elements like the following examples.
Example1The appendix hereto shall, through the contract period, be deemed to be
construed as part of this contract.
译:整个合同期间,本合同的附件应被理解为合同的一部分。
3
In this sentence, be deemed and construed are the formal words. Be deemed is
former than be considered .comparing with the word understanding, construed is
obvious much former.
Example2 Party B may require party A to offer the tour services based on the
agreements .provided that if party a will not offer the services, party B travel by itself,
and the reasonable fare of the expenditure should be paid by party.
译:乙方要求甲方在合同的基础上提供服务,若甲方不提供,乙方在旅途过程所
产生的合理的费用由甲方承担。
In the sentence, require is a formal word showing that legal rules make demand
for parties. Require is former than ask .it means what the supervisor demand the
senior to do .It is obvious that require used in the sentence is the most appropriate ,but
ask has two ambiguity meaning :require and request. Request means superior request subordinate to do something means
Example 3 The headings and marginal notes in those conditions shall not be deemed
party thereof or be taken into consideration in the interpretation or construction
thereof or of the contract.
译
:本合同条件中的标题和旁注不应视为合同的一部分,在合同条件或合同本身
的理解或解释中也不应该考虑这些标题和旁注。
In the sentence, construction means explanation, but it is former than explanation. It is usually used in legal documents.
Due to parties always come from foreign countries or different regions. The
language of contract has absorbed in large amount of loan words like verdict, warrant
statute originated from French to enrich English words .With the Christianity
introduced into English since 597.AD, many Latin legal words such as basis prorate,
register have infiltrated into English words. Words of Greek, French and Latin origin
are mostly formal or learned words [15] .Therefore, those French and Latin words help
produce the formality of contracts.
3.3.2 Archaic words
Even through archaisms are seldom used in modern oral English, there are so
many archaisms like thereinafter(在下文中),whereas(鉴于), hereby(特此), thereby
(因此)and whereof (关于) in legal documents. Those words embody thoroughly the
formality and dignity of contract .Besides being related closely with the social
functions of business contract, it is easy to find out that those archaic words are
mainly formed by here, where or there plus a prepositions like after, at, by, from, in,
of, with…those words are almost looked as adverbs, the meanings of them may be
illustrated as follow:
Hereafter means later in this contract; herein means in accordance with contract; wherein means in terms and conditions; whereon means on/to the point referred More examples can be fund in the sentence
Example1 Attachment hereof shall be made an integral part of this contract and
effective as any other provisions of this contract.
译
:本合同的附件是合同的一部分,与此合同的其他部分一样,有同等效力。
In this sentence, hereof means of this contract showing all the content in the
contract; herein means in which.
4
Example2Either party may terminate this agreement immediately and without
incurring thereby any liable to other, by merely serving a notice of termination on
the other in any of the following events.
译文:在任何情况下,任何一方可以
对方立即终止协议并无需对另一方承担
责任。
Example3The deposit paid by the buyer shall not be refunded if the buyer fail to make
full payment with in the time herein specified.
译:如果买方在本合同中规定的时间内未付清贷款,买方的保证金就不退还。
In this sentence,herein means in accordance with this contract
Example4Whereas the buyer agrees to buy and the seller agrees to sell the under
mentioned commodity subject to the term and conditions.
译:买卖双方同意按下述条款购买出售下列商品并签定合同。
Whereas means considering /concerning. This word is always used in the title of
contract; it manifests the background and content of subject.
In general,The appropriate use of archaic words can give the writing addition to
be grave, the elegant color which make the writing have the antique atmosphere.
3.3.3Technical words
As the name implies, technical words are specially used in politics, economy,
culture and any other scientific and technological field .Due to the character of
technical words like accurate meanings, singularity, being free from emotional
elements, it is not hard for readers to understand the meanings of words without
resorting to contextual clue. In order to descript correctly all transaction process in
commercial activities and express clearly commercial relevant documents in involved
in terms of price, insurant policy, methods of payment and modes of transport.
business terms are used in business contract such as Joint Venture(合资经营企
业),CIF(成本加保费,运费), FOB(离岸价格), Bill of Lading(提单), Letter of
Credit(信用证), Air Transport(航空运输),Ocean Marine Insurance(海运保险)…
Since contractual terms are usually supplemented and restricted by law. They
protect the parties and define specific relationships between parties in the even that
provisions are indefinite, ambiguous, or even missing. As Xu you-zhi has pointed
out ,in the book Modern English Stylistic, contracts fall into the variety of legal
documents ,which cover a wide range: statues,decrees, legal provisions, economies
contracts, commodity warranty, dead of trust, etc
[16] . Consequently, in contracts,
some technical words are certainly used in legal document like Financial
Responsibility(经济责任), Imputed Negligence(转嫁过失责任) ,Plaintiff(申
诉人), Arbitration committee(仲裁委员会), Arbitration Expenses(诉讼费用)…At
the same time, using legal terms in contract is aiming at decrypting respective rights
and obligations of parties when they make transactions. 3.4 The syntactic and grammatical feature
It is not sufficient to know the meanings of the words which are fundamental unit
of language. Knowing the syntactic and grammatical feature of language which
endows the meaning of language is quite imperative. Lexicon as the smallest unit of
language is the integrant means of grammar. Grammar is describing the structure of
5
language. Sentence is the highest levels of grammar. 3.4.1 Declarative sentence
Since business contracts regulate the respective obligations and rights and they
state real, effective activities of parties. The content in contract must be definite,
formality, co-inherent, and un-ambiguity. According to Semantics and Pragmatics
Meaning in Language and Discourse wrote by K. M. Jaszczolt , he had the idea that
“declarative sentence describe situation in the world correctly or incorrectly, that is
they can be true or false”[17] .He further explained truth means correspondence with
facts, correct description of states analyses the logical form of business contract
[18.Therefore ,only declarative sentences can analyze the logical form of business
contract ,because all kinds of elements in contract are arranged in logical order from
the general to the particular in term way. Furthermore , declarative sentences in
contract are informative to allow for the identification of parties’ obligations and rights including effectiveness of the contract and miscellaneous(合同的效力及其他),
contract No(合同号), indemnity against infringement(侵权赔偿) etc. Such words
like if, in the event of, in case, in the event are always used in consumption in
contract.
Example1 In the event of the seller’s failure to effect loading including dead freight
and /or demurrage charges thus incurred shall be for the seller’s account.
译: 装运船只按期到装运港后,如卖方不能按时装船,发生的空船费或滞期费
等一切费用由卖方承担。
Example2 Licenses may terminate this contract 90days after a written notice thereof
is sent to licensor upon the happening of one of following events.
译:当下列事件之一被许可多提前90天向许可人发送书面通知,终止合
Example3 provided that the seller shall, as soon as possible, inform the other party of
its occurrence in written form and thereafter send a certification of the
event issued by the relevant authority to the other party thereto within
15days of after its occurrence.
译:但买方应该尽快将所发生的事件以书面形式通知对方,并应在事件发生15
天内将有关机构出具的不可抗力事件的
。
From those examples, it is easy to find out that the declarative sentence regulate
the buyer’s responsibility (example1) and the license’s right .They state a type of fact
and truth. (example2.3)
3.4.2 Long complex sentence
There are many reasons that inevitably long and complex sentences are used in
contract. Firstly, the contractual clauses are closely related with the exercise of rights
and fulfillment of obligations of the parties. The drafter must exactly and
meticulously draw up the contractual clauses. Once some terms are omitted, they will
cause an unfavorable and uncertain result. Secondly, in order to pursuit
comprehensive contents like conceivable situations, conditions or requirement, the
drafter will try his best to predict all the possible result appearing in the procedure that
contract is put into operation. Last but not lest, contract is a type of legal
instrument .Instrument itself is quite complex and rather long. Sometimes one
sentence may be written in more than one paper. As Ding Wangdao said the most
6
sticking grammatical feature of contract English is the tendency to use long sentence
which are capable of expressing complex ideas with accuracy and precision because
[19]they may contain many modifiers. Thus, in order to convey all the information,
sentences are composed by means of restrictive, attributive clauses, subordinating
clauses, prepositional phases…Taking the following sentence for example: Example1The contract shall indemnify the owner in respect of all damage and injury
occurring before the issue of the final acceptance certificate to any property and
person and against all action, suit, claims. Demands, charges and expense arising in
connection where with which shall be occasioned by the negligence of the contractor
or any of his subcontracts or by defective design material or workman ship but not
otherwise.
This is a long and complex sentence having altogether 67 words. It use the
prepositional phase before the issue of the final acceptant certificate to any property
and person and adverbial clause arising in connection there with which shall be occasioned.
Example 2 The sales representative will comply with the manufacturer’s guideline on
prices, changes ,terms and condition for the sale of the goods which guideline are
subject to change from time to ,for purposes of achieving maximum sales with ,the
manufacture will formulate these guidelines in consultation with the sale
representative, although the manufacturer will make the final decision.
In this sentence, which runs 57 words, there is a no-restrictive attributive clause
which guidelines are subject to change from time to time.
3.4.3 Passive voice
Impersonal sentences are always used in English because of the expression of
English laying more emphasis on “hypostatic” which has the character of
well-organized system, clarity of meaning. Passive voice coincides with this
expression of English. In general, a business contract states a fact, the semantic
information of sentence is central on fact itself, it is unnecessary to point out the
subject .As the Japanese scholar said “comparing with actor, the result of act is quite
important. The actor can be neglected under the circumstance the accurate expression
cannot be affected or the misunderstanding is not caused .On the other hand, the actor
is in doubt. The third one, actor is put at the end of sentence, it is difficulty to be
attracted”
[20].What’s more; the content in contract is related with packing requirement,
insurance policy, governing law etc. The frequent use of passive voice can completely
embody the objectivity and certainty of those clauses. Because once those clauses are
regulated, they can’t be easily amended by general people. More examples will be
given:
Example1The arbitration fee shall be borne by the losing party unless other wise
awarded by the arbitration, during the course of the arbitration the contract shall be
performed except for the part under arbitration.
This sentence show the passive voice has its character of the well-system, clarity
of meaning.
Example2The summons and complaint were served on January 19th.
This sentence centers on act and result, it is unnecessary to point out the actor
7
who is secondary important, which can’t effect the expression or not cause
misunderstanding.
thExample3The above mentioned loss to be calculated from the 16 day after expend
the exception of force majeure.
It is easy to find that, the actor is put at end of sentence; it is hard to be attracted.
Example4Unless the parties have agreed upon the place where the arbitration is to be
held, such place shall be determined by the arbitral tribunal, having regard to the
circumstance of the arbitration.
This sentence shows the subject and certainly of content, it makes people know
that, those contents can’t be amended.
3.4 .4Using of shall
There are eleven mood verbs like can/could. may/might, must, have to,
shall/should, will/would, ought, dare, need, est. used in English, but the most frequent
use of moody verbs are shall ,must, may in legal English. The importance of shall
can’t be neglected in legal English, it is the main word that informs special legal
English syntactic. Shall, as a modal verb, together with the third person used in legal
English has no personal changes. Many professors hold the idea that the role of shall
is equal to must, have to, be to do, be required to
[21]. Hu Gengshen has another idea about shall,“ shall expresses fulfilled obligation, liability, legal responsibility. If
those cannot be performed, shall express obligation in contract, it is regarded as
[22]branch of contract” .As the consequence, shall is a uniform word, it has the
following characteristics:
1. The first one is identification of attribute which is defined as regulated
characteristic of act without needing to be carried out by parties. It is the relevant
agreement made by both parties .For example:
Example1 In case by M/T or T/T: payment shall be effected within seven days after
receipt of the shipping documents stipulated under clause loaf this contract.
译:如果采用信汇或电汇方式付款,则必须在收到本合同第10款中规定的装运
单据后进行。
Example 2For the purpose of this article, neither the institution of measures to obtain
enforcement of a judgment nor the institution of measures to a different court within
the same country shall be considered as the starting of a new action.
译:就本条而言,凡为使得以执行而采取措施或者在同一国内将一项诉讼转移
另一法都不的被视为提起新的诉讼。
2. The second one shall expresses obligation that one part should fulfill. Example1 Part A’s obligation party is that A shall introduce to part B the law, decrees
and relevant regulations e enacted by the Chinese government, the part A’s work system and regulation concerning administration of foreign teacher.
译:甲方的义务是向乙方介绍中国政府制定的相关法律法规,甲方的工作体系,
以及对外籍教师的管理规定。
Example2 In the event of nonconformity, the seller shall promptly repair or replace
such goods or supply the quantity that is deficient
译:如果发生不至,卖方应立即修改或更改这些货物或不足数量。
3. The third character is responsibility. If shall express responsibility one party
8
should exercise, the structure “subject + shall+ verb” can be used .taking the
following example:
Example1 the sellers shall be liable for any rust, damage and loss attributed to
inadequate packing by the seller.
译:卖方应对其不良包装而导致的生锈,损失及灭失负责。
4 Conclusions
To sum up, this paper takes a sharp focus on stylistic feature of business English
contract like lexicon, sentence, and grammar. The importance of business English
contract in the international commercial activities is self-evident. Drafting well
contract is not easy thing. It is related with the relevant laws, business knowledge, and
linguistic application. Any drafter must state clearly, correctly and completely all the
terms and conditions in the contracts. The drafter should excel in application of
language as choice of word, sentence structure and grammatical rules. Drafting
contract is finally aiming at making agreement among all parties.
9
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Acknowledgements
I would like to avail myself of this opportunity to extend my heart-felt gratitude
to all those who have offered me great help. First and foremost, I am most indebted to
my supervisor— Professor ****. For her enthusiastic support, export guidance and
constant encouragement in the course of my preparation for this paper. My
acknowledgement also goes to all the other devoted teachers of ***** University
without them this paper would not have turned out as it is .I am also grateful to my
classmates and friends for their help and care .my ineffable gratitude also goes to my
patents. Last but not least, I want to thank all the authors whose books have been
found for my paper.
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