在法律汉语中,“⋯⋯的”字结构是一种最为常见的表达法律假设的结构,这种结构有各种语法功能,如主语、宾语或谓语等。因此,研究这种结构的翻译很有意义。基本上,“⋯⋯的”字结构可以翻译成以下几种英语从句。
(1)由“if”引导的从句
If it finds any falsehoods, misleading statements or major omissions in such documents, it may not carry out the sales activities.If it has already begun to sell the securities, it shall immediately discontinue the sales activities and adopt remedial measures.
(2)由“when”引导的从句
When a listed company ceases to meet the condition for listing prescribed in the Company Law ,the listing of its shares shall be suspended or terminated in accordance with law.
(3)由“where”引导的从句
Where shares are issued at premium , the issue price shall be determined through consultation between the issuer and the securities underwriting company and reported to the securities regulatory authority under the State Council for verification.
(4)Clauses led by “who” or “whoever”
Anyone who has reached the level of a graduate from the faculty of medicine of a university or a polytechnic school and,under the guidance of a licensed doctor, worked on probation for at least one year in the medical treatment, disease prevention or health care institution may take the examinations for the qualifications of an assistant doctor.
就汉语法律合同的句法特征而言,最突出的现象莫过于以“的”收尾的假设句。
例如:合营各方之间没有有关仲裁的书面协议的,发生争议的任何一方都可以依法向人民法院起诉。
译文:If there is no written agreement on arbitration between the parties to a joint venture,each party may start legal proceedings with a People’s Court according to law.
从上面这个例子可以看出“的”所起的句法作用,相当于英语以“if”引起的假设从句。汉语法律语言中“的”字结构常用来做主语,表示假设的条件,通常前置。法律英语中的假设条件通常用if引导的从句表示。