Abstract:Abstract: The translation problems arising from judicial practices, mainly including translation of typical legal terms, linguistic rights and proof of foreign law, have seen a dramatic rise due to the increasing number of foreign-related civil and commercial disputes. But China’s legislature and judiciary have neither paid full attention nor provided appropriate solutions in this regard. This paper reveals the difficulties in translating legal terms and provides ideas for resolving terminological inequivalence based on a survey of different courts deciding different terminological meanings. Then, after reviewing the legislations and judicial practices on the protection of linguistic rights in the US, this paper provides a new perspective for establishing and improving the relevant institutions in China. Furthermore, considering the norms for legal translation during the proof of foreign law are not systematic, it is proposed to formulate relevant standards to regulate the translators and translation procedures with the help of international judicial assistance.
Key words: translingual judicial practices; legal translation; linguistic rights; proof of foreign law