近日,外语学院学生学术期刊《毓秀法言》创刊号(2024年第1期·总第1期)正式发布,该期共收录9篇文章。该刊计划一年出版两辑,每辑分设六大板块:理论翻译、探索争鸣、法律语言、语言文学、法学专论、教育教学,旨在鼓励学生既开展语言翻译研究,更注重法律与语言的结合,结合当前涉外法治现状,大胆开展科研创新,形成良好的学术争鸣氛围,为学科健康发展注入活力,为青年学子和研究者提供学术交流的平台。
《毓秀法言》(2024年第1期·总第1期)目录
发刊词:跨越二十年的重逢
古者二十,“冠而字之”,以示成年。如今,外语学院《毓秀法言》创刊,距2004年我院首份院刊College Voice(《大学声》)面世,也恰是二十年。二十年可见证一个生命从牙牙学语到处变不惊的成长,亦可见证两份刊物从蹒跚跬步到稳健铿锵的接力:跨越二十年,重逢一个新的自我。
二十年,风云变幻,万象更新。本世纪初我国加入世贸组织,寰球的橄榄枝令翻译工作焕发“第二春”;党的十八大以来,中央编译局的外宣“拔钉子”工作又使时政话语外译迎来新高潮。认知理论与转换生成理论的对抗发展仍在继续,SFL却与NLP交会于量子语言模型的建构。电子信息领域的技术爆炸使大数据、物联网、虚拟技术与人工智能前所未有地深入我们的生活,同时也让个人信息保护与网络侵权研究的重要性日益凸显。以ChatGPT为代表的大语言模型“爆火”助推数字法治与人工智能法律规制的新热点生成,公益诉讼、企业合规、破产与反垄断等由来已久的议题也仍在继续。时代滔滔,外语学院“百花齐放,百家争鸣”的办刊宗旨,则历久弥新。
二十年,晖冶寒淬,沐雨栉风。全面依法治国的战略布局激荡在每一个法律人的心中;推进法治中国建设,我们在中国特色社会主义法治道路上奋勇前行。外语学院自成立以来,筚路蓝缕,砥砺深耕,先后设立英语、德语、“法学+英语”三大本科专业,获批外国语言文学、翻译专业硕士学位授权点,以中外法律语言文化研究为依托,为社会主义现代化建设培养学贯中西,语、律兼通的高素质复合型人才。党的二十大报告中强调“统筹推进国内法治和涉外法治”,《毓秀法言》作为我院传播涉外法治文化、培养涉外法治人才的排头兵,自当见证来路,书写征途。
二十年后的重逢,亦是重整行囊,再次启程。若言廿年前的College Voice是“在星辉斑斓里放歌”,尽抒外院学子奔放不羁的热情;则廿年后的《毓秀法言》便将“向青草更青处漫溯”,满载西政师生深邃悠远的绮思。理论翻译,带您深入习近平新时代中国特色社会主义思想理论体系,在政治话语外译战线攻坚克难;探索争鸣,让您置身法学与语言学的交锋前沿,见证热点问题的纷纭众说与肯綮之见;法律语言,为您展示法律条文的严谨而含蓄之美,助您理解法治精神的字里行间;语言文学,邀您共赏语言的魅力与文学的风雅,感受汉语与世界语言的文化交融与创新发展;法学专论,引领您感知法学研究的深厚底蕴,共同献力社会主义法治社会的构建;教育教学,与您共同探索外语习得的奥妙,全面分析外语教学的技术方案......
桐花万里,雏凤清声。值此创刊号付梓之际,衷心祝愿《毓秀法言》成为引领语言与法学研究的一盏灯,导夫先路,再续辉煌!
——《毓秀法言》编辑部
二〇二四年
编辑部成员
总顾问:郭美松
主 编:曹志建 王 睿
副主编:罗 丹 苟晓丽
编 辑:董亚童 苏媚娜 唐 华
丁 阳 顾 琦 宋昌骏
王轶颖 孙伊雯 陈祖祺
文章精选
“探索争鸣”栏目
Positive Discourse Analysis of
Political Discourse from the
Perspective of Appraisal Theory
——A Case Study of Report to the
20th National Congress of the CPC
(English Version)
作者:任路杨
Abstract: The Report of the 20th National Congress of the CPC, which provided a thorough overview of the country’s accomplishments during the previous five years as well as its outlook for the future, is an important window for people all over the world to know about China. However, in recent years previous studies on political discourse have been conducted from the perspective of translatology, cognitive linguistics, etc., the amount of research results on positive discourse analysis of political discourse from the perspective of Appraisal Theory is smaller.
This paper takes Appraisal Theory as the theoretical foundation and the English version of Report to the 20th National Congress of the CPC as research material to analyze the distribution features and reveal the positive meanings in the Report through quantitative and qualitative methods. The paper aims to answer the following questions: (1) What are the frequency and distribution features of overall appraisal resources in the Report; (2) What are the distribution features of appraisal resources in subsystems in the Report; (3) What positive meanings do these appraisal resources in subsystems convey in the Report.
The following results are drawn from the study: (1) Resources related to attitude make up the greatest portion, followed by engagement resources in the second place, and graduation resources in the last place. (2) In the attitude system, the “judgement” and “appreciation” resources are often used in the Report; in the engagement system, a large number of “entertain” and “proclaim” resources are used; and in the graduation system, “force” resources are used much more frequently than “focus” resources. (3) In the attitude system, the use of a large number of “judgement” and “appreciation” resources indicates the strong capability of the CPC when facing difficulties and challenges; in the engagement system, the use of many “entertain” and “proclaim” resources, such as the use of medium and high modal verbs directly show CPC’s commitment to Chinese people and the world, which implies our Party is responsible; a large number of “force” resources strengthen the positive interpersonal meaning conveyed by attitude and engagement resources and are conducive to the building of CPC’s positive image. This study contributes to tapping into the positive information behind the language and strengthening foreign discourse system from linguistic perspective.
Keywords: Report to the 20th National Congress of the CPC (English Version), Appraisal Theory, positive discourse analysis, interpersonal meaning
“法律语言”栏目:
A Report on the Translation of
Children (Scotland) Act 2020
作者:刘欣仪
Abstract: This translation report is derived from the Children (Scotland) Act 2020, which is a systematic amendment to Scottish past children-related acts and mainly includes provisions related to the expression of children’s personal views in children’s hearings, the contact services for children, alternative dispute resolution. There are a large number of conditional clauses and various kinds of parentheses in the legislative text for the statement of law, which play the role of explaining, linking, supplementing, exemplifying and realizing the generality and rigor of the law. So accurate translation of conditional sentence and parenthesis is the key to ensuring that the translation faithfully conveys the content and connotation of the source text. In consequence, this report focuses on conditional sentence and parenthesis as the research priority and discusses their translation techniques. After a thorough analysis of the linguistic features and translation difficulties of the Act, and in relation to the functions of conditional sentences and parentheses in different contexts, the author makes a conclusion based on Newmark’s theory of semantic translation and communicative translation and in combination with the source text, the inversion and omission are adopted to conditional sentences and the linear translation and recasting are adopted to parentheses. The purpose of this report is to propose feasible translation techniques for conditional sentences and parentheses in the translation practice so as to providing reference and assistance in the translation for the relevant legislative texts and the establishment of the legal framework linkage.
Keywords:children act, conditional sentence, parenthesis, semantic translation, communicative translation
“教育教学”栏目:
On the Relationship between
Academic Buoyancy and L2
Motivational Self System of
High School Learners in
Ethnic Minority Areas
作者:周成陈
Abstract:Academic buoyancy serves to aid learners in handling academic setbacks and challenges in a successful manner, and L2 motivation backs up learners with the spur to commence an L2 learning and maintain the long and boring learning process. Existing studies have demonstrated that academic buoyancy can significantly boost learners’ L2 motivation, but there is limited research on whether academic buoyancy can enhance L2 motivation among learners in ethnic minority areas. Therefore, this study, based on the theory of L2 motivational self system, examines the relationship between high school students’ academic buoyancy and L2 motivation in ethnic minority areas and aims to address the following three questions: (1) What is the general situation of academic buoyancy and L2 motivation among senior high school learners in ethnic minority areas? (2) Are there any ethnic differences in their academic buoyancy and L2 motivation? (3) What are the relationships between learners’ academic buoyancy and their L2 motivation?
To address the three research questions, the study surveyed 181 high school students in ethnic minority areas through questionnaires, comprising 95 Han students and 86 Yi students. Descriptive analyses, independent sample t-tests, Pearson correlation analysis, and regression analysis were employed to arrive at the following conclusions: (1) High school learners in ethnic minority areas exhibit a moderate level of academic buoyancy, with the highest mean in the dimension of positive acceptance of academic life, followed by sustainability, positive personal eligibility, and lastly, regularity adaptation. They also have a moderate level of L2 motivation, with the same mean values in the dimension of ideal L2 self and L2 learning experience, and the lowest mean value in the ought-to L2 self. (2) Regarding academic buoyancy, the study fails to find any significant differences between Han students and Yi students. However, in terms of L2 motivation, the study finds that Han students’ self-perceived ideal L2 self and L2 learning experience are significantly higher than those of Yi students. (3) All four dimensions of academic buoyancy among high school learners in ethnic minority areas are positively correlated with their ideal L2 self and L2 learning experience. However, only two dimensions, positive acceptance of academic life and positive personal eligibility, can significantly predict the ideal L2 self and the L2 learning experience. Corresponding to the research results, the author suggests that in daily teaching teachers should assign reasonable and feasible learning tasks, create a harmonious and positive learning atmosphere, and cultivate students’ self-regulation abilities, thus ultimately promoting an increase in their L2 motivation.
Keywords: academic buoyancy, L2 motivational self system, high school learners in ethnic minority areas
“语言文学”栏目:
Reflection on the duality of phonics in long-term English learning
作者:牟丽娟
Abstract: Phonics is not only a teaching method for children to learn English pronunciation and spelling in English-speaking countries, but also a learning method for non-English-speaking people to learn rules of English pronunciation and spelling skills. The phonics teaching method has achieved good teaching results in English teaching in education and training institutions and even kindergartens in various regions of China, with a wide range of applications, and its popularization is easier than that of international phonetic symbols. However, from the analysis of the two sides of phonics and the phenomena in real life, the author reflected on the side effects of phonics in long-term English learning. At the same time, dialectically affirmed the positive role of phonics, and provided practical suggestions for how to foster strengths and avoid weaknesses.
Keywords: phonics, long-term, duality, side effect
“法学专论”栏目:
Research on Civil Governance of the Abuse of Deepfake Technology
作者:杨丽嫄
Abstract: Deepfake technology leverages deep learning algorithms to simulate and synthesize human biological and behavioral features, generating artificial image and video content. Since its inception, it has positively impacted leisure activities and economic development while concurrently posing threats to individual rights, social order, national security, and other domains. To ensure that this technological advancement better serves humanity, it is imperative to foster the positive development of deepfake technology while mitigating its negative ramifications.
This paper commences by outlining the history and evolution of deepfakes, elucidating their potential detrimental impacts on individuals, societies, and nations, and underscoring the urgency and necessity of regulating them. Drawing upon an extensive literature review, it synthesizes existing research on deepfakes in the United States, the European Union, and China, laying the theoretical foundation for subsequent discussions. Through technical deconstruction, the paper elucidates the operational characteristics of deepfake technology and its applications, both beneficial and malicious, to enhance comprehensive understanding.
Subsequently, this paper systematically analyzes the various civil rights and interests violated by deepfakes, including the right to likeness, voice, property, copyright, biometric information, privacy, and protection against revenge pornography, supported by analyses of real judicial cases, to underscore the risks associated with deepfake technology.
Expanding from the discussion of infringement status, the paper explores the regulatory landscape of deepfakes, focusing on the United States and the European Union as examples of jurisdictions with mature regulatory frameworks. It then systematically examines China’s civil regulation system for deepfake technology across four sections of the Civil Code: General Principles, Personality Rights, Contracts, and Liability for Tort, highlighting current regulatory challenges and deficiencies.
Finally, based on the analysis of the regulatory landscape and challenges, combined with insights from the US and EU regulatory experiences, this paper proposes regulatory strategies for deepfake technology in China. It offers recommendations for regulation at three stages—pre-operation, during operation, and post-operation—and suggests refining practical operational rules. The paper explores viable regulatory solutions at both theoretical and practical levels, emphasizing the need for collaborative efforts among individuals, platforms, and governments to address the potential risks posed by deepfake technology and achieve the harmonious integration of law and technology.
Keywords: deepfake, types of tort, legal regulation, civil governance
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