Business With China? Don't Forget Your Qualifed Chinese Legal Translator

Working with Qualified Chinese Legal Translators

As China comes of age by becoming the manufacturing hub of the world, it has become increasingly important to have a basic understanding of the Chinese legal system when doing business with China. There are two main challenges to understanding the differences: 1) language and 2) legal structures.

Careful consideration must always be given to both issues. In this article we focus on why it is important to work with highly educated Chinese legal professionals to pave your way into the Chinese market.

Quick Glance of the Current Chinese Legal System

A brief overview of the Chinese legal system shows that an important aspect of economic modernization in China has been the renovation of the judicial system with the intent of making all citizens equal before the law. A commercial code is in place whereby private ownership of the means of production is protected by law, and partnerships and wholly foreign-owned or joint-venture enterprises are recognized. A court system is in place with local courts handling criminal and civil cases, two intermediate higher level appeals courts and a third Supreme Peoples Court, located in Beijing, as the ultimate appellate court. With local participation in legislation greatly encouraged, the laws in each district and sector can change fairly quickly according to the needs of the people. The laws enacted at the local level must remain within the guidelines of the State constitution; however, often legal research is needed in drafting any document or handling any particular case due to the flexibility of the system.

Chinese Legal Translators

Chinese legal translators must be familiar with the context of the document being translated in order to be sure of using the appropriate terms and concepts. Selecting the right translator with the exact background for the project is key.

Although most competent translators must be native to the target language, this is especially important for Chinese legal translators due to the complexity of the language, even in its currently simplified written form, given the complexity of the rapidly evolving Chinese legal system, and the cultural sensitivity of many aspects of Chinese relations with other countries and customs. The translator must be proficient in writing either with traditional or simplified Chinese characters according to the projected target audience.

Besides understanding every aspect of the original text, Chinese legal translators must be knowledgeable about the legal nuances of the foreign language. Cross-editors are often called upon at this point. In the case of commercial contracts, licensing agreements, etc. where confidence between the parties is paramount; the text must look familiar in the target language as well as being technically correct. In addition to the expertise of the original translator, we always recommend that you have an additional editor directly familiar with the locality and the source text to proof read and make sure that you will not face any barriers because of language.

Whether or not the translated document will have the legal validity to be used in a court case is an important consideration when selecting a Chinese legal translator. To assure legal validity, the translator must find equivalent legal terms for the two texts. He or she must know exactly how the document will be understood in the Chinese courtroom. If the document translated from Chinese is to have legal validity in the target country, often an editor with legal expertise in the target country must also be consulted.

Legal practitioners in China have a reputation for being scholarly. Since the days of Confucius, the long tradition of legal scholarship continues in China today with arduous programs of study and heated discussion of all things legal. The best professional Chinese legal translators will be totally dedicated to his profession with all the latest information and materials available.