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| 个人信息 |
| 姓 名： |
王译员 [编号]:1291 |
性 别： |
女 |
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| 擅长专业： |
英语语言文学 |
出生年月： |
1986/10/1 |
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| 民 族： |
汉族 |
所在地区： |
浙江 绍兴 |
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| 文化程度： |
本科 |
所学专业： |
英语 |
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| 毕业时间： |
39995 |
毕业学校： |
首都师范大学 |
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| 第一外语： |
英语 |
等级水平： |
英语专业八级 |
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| 口译等级： |
高级 |
工作经历： |
1 年 |
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| 翻译库信息 |
| 可翻译语种： |
英语、德语 |
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| 目前所在地： |
浙江 绍兴 |
| 可提供服务类型： |
笔译、家教 |
| 每周可提供服务时间： |
目前都可以 |
| 证书信息 |
| 证书名称： |
英语专业八级 |
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| 获证时间： |
2009/6/1 |
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| 获得分数： |
75 |
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| 证书名称： |
德语专业四级 |
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| 获证时间： |
2008/5/1 |
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| 获得分数： |
63 |
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| 工作经历 |
| 工作时期： |
2009/4/1--2009/6/1 |
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| 公司名称： |
北京五洲网络传播中心 |
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| 公司性质： |
国营企业 |
| 所属行业： |
文学/传媒/影视 |
| 所在部门： |
外文部 |
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| 职位： |
编辑翻译 |
| 自我评价： |
做事认真、有责任心、开朗大方、有亲和力 |
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| 笔译案例信息 |
| 案例标题： |
世贸组织前沿，中国律师在哪？ |
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| 原文： |
As protectionism rises amid the global economic crisis and China finds itself both on the defensive and offensive in trade disputes, the country's law firms can't keep up.
HONG KONG – China is gearing up to launch or fight World Trade Organization disputes with the U.S. more aggressively, but it doesn't have enough of its own lawyers to do it. Chinese law firms are scrambling to build up their WTO practices, but they face industry challenges. So it looks like Beijing will stick with U.S. law firms to fight its WTO battles, while China's legal industry races to ameliorate its competitive disadvantage, in a process that could take many years.
China has only started to play a starring role in the WTO dispute process. So Chinese law firms simply do not have the buildup of skills and experience that U.S. peers have in global trade disputes. We are newcomers to the WTO. We still need some time to build up full capacity," said XiaoJin, a WTO lawyer for the mainland Chinese law firm King & Wood, which helped defend the Chinese government in the recently decided anti-piracy case filed by the U.S. There are just three to four Chinese law firms equipped to handle WTO disputes, based on various lawyers' estimates. The U.S. has three to four top-tier WTO law firms and about a dozen other law firms that have WTO practices. "The U.S. law firms are very strong in WTO disputes and the Chinese law firms are not so experienced. We are still learning. So we have to work with U.S. firms," said Frank Hang Guoliang, an international trade lawyer at Jun He Law Offices, which spawned Zhang Yuejiao, sworn in as the first Chinese judge on the WTO's top court, the appellate body, in November. "Someday, as time goes by, as Chinese law firms have more cases and get more experience, I think we'll just represent the Chinese government by ourselves. But it'll still take a long time."
Beijing's main goal is to win, so it has hired seasoned foreign law firms to handle its major WTO cases thus far, and used Chinese lawyers to assist them, lawyers and scholars say. Hiring foreign law firms doesn't particularly hurt Beijing's case. Safeguarding sensitive information isn't a major concern, as foreign law firms adhere to legal standards of attorney -client privilege whoever their client. Given Beijing's vast resources, cost is a negligible issue, even though the billable hours can rack up as trade disputes drag on for years. Still, it is important for China to have a stronger cadre of Chinese WTO lawyers and law firms.
Hiring Chinese lawyers has its advantages. Since WTO cases often challenge Chinese law, Chinese lawyers are often best equipped to defend Chinese law to the rest of the world, as they are inculcated in the domestic legal system and culture, said Xiao. "In many cases, I found that the outside world may not have a correct understanding of the Chinese legal system.
Chinese lawyers can play a role in explaining Chinese law that is understandable by the WTO panel." In the major intellectual property rights case decided by the WTO in January, the WTO panel sided with the Chinese argument that its criminal law was technically strong enough to deter piracy.
There is, of course, the issue of national image.
"WTO cases are cases that affect sovereign rights, and a country like China that wants to be considered one of the major players, you’d want to be able to say our own people can handle these matters," said Steve Dickinson, a Qingdao-based partner at Harris Moure who has worked in Chinese law for over 30 years.
A particular challenge for China is that good WTO lawyers need strong knowledge of common law, civil law and WTO law, a solid background in economics, accounting, and other fields, and English language ability that is sophisticated enough for lengthy briefings and argumentation before the WTO court. “The WTO legal system is very difficult for the typical Chinese lawyer,” said Liu Jingdong, vice director of the international economic law division at the government think tank Chinese Academy of Social Sciences. And even when China has more highly trained WTO lawyers, they still need the experience of winning and losing WTO cases, which are small in number each year.
“China’s perfectly capable of creating [a specialized team of WTO lawyers]. At this point, their people are good at knowing the rules, the technical terminology,” said Dickinson. “But dispute resolution has a lot of skill elements, how to argue, what kind of argument works, what kind of argument doesn’t work, how to present your case. Those are things you only learn from experience, from losing frankly.” That learning and training process could take one to two decades, said Wang Jiangyu, a trade law professor at the Chinese University of Hong Kong. "Will there be Chinese lawyers who are able to argue before the WTO appellate body in the foreseeable future? I'm not very optimistic." King & Wood is the Chinese firm that most consistently works with foreign lawyers to represent China in WTO disputes. It started its WTO practice soon after China joined the WTO in 2001 and is currently working on the "steel pipes" case against the U.S., in the first WTO dispute launched by China to reach the expert panel stage.
But more and more Chinese firms are trying to build their WTO or foreign trade practices, said Judy Wang, an international trade lawyer at Troutman Sanders and a former member of the Shanghai WTO Affairs Consultation Center's training program. Chinese law schools are funneling students through WTO academic programs, and the government has been eager to foster WTO expertise. The country's first research center devoted specifically to WTO disputes was set up in Shanghai in June. “We have trained our next generation of lawyers in recent years," said Liu.Waves of Chinese lawyers who received law degrees in the U.S. come back with understanding of WTO law and different legal systems, said Xiao Jinquan, a partner at Dacheng Law Offices and director of the commerce and corporate committee on the All China Lawyers Association. Those U.S.-educated Chinese trade lawyers who work for foreign law firms based in China can be considered "Chinese legal capacity" too, said Wang.Finally, whereas U.S. industries are old hands at pressing for trade complaints, Chinese industries are just starting to be advised of their global legal options. "The legal market in this area is still quite premature. Chinese companies are not quite aware of the WTO avenue. As with legal capacity building, it will take some time for Chinese companies to get used to resorting to this tool to defend their own interest," said Xiao Jin. Trade lawyers and scholars are traveling around the country, advising state-owned and private enterprises and local government officials about the impact of WTO decisions and cases. Many are encouraging Chinese enterprises to assert their rights more aggressively through trade disputes, as well as helping companies and governments adhere to global trade rules, according to Chin Leng Lim, international law professor and associate dean at Hong Kong University. In the process, China is on the long road toward building a small army of lawyers that can compete with the U.S. in upcoming WTO battles.
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| 译文： |
摘要：伴随着全球经济危机各国贸易保护主义也在不断加强。中国在贸易争端中陷入攻防两难的境地，国内的律师事务所有点力不从心。
中国正更加积极地准备应对与美国的世贸组织争端，但中国没有足够的自己的律师来做到这一点。中国才刚刚开始在世贸组织争端进程中发挥作用，因此中国律师事务所根本不具备能与美国同行匹敌的技能和经验。在中国只有三四家律师事务所具备处理世贸争端的能力，而美国除了拥有三四家顶尖的世贸组织律师事务所，还有12家有世贸组织争端经验的律师事务所。
目前中国通常聘请有经验的国外律师事务所来解决重要的世贸组织案件，而中国律师仅仅做些助理工作。考虑到中国律师对本国法律系统的熟悉程度以及事关国家形象问题，中国应该聘用本国的律师。但是中国律师无论在专业知识和英语表达能力还是经验方面都有待提高。
此外中国法律市场在这一领域仍然相当不成熟。中国公司并不十分了解世贸组织规则。中国企业需要一段时间学会诉诸这个工具来捍卫自己的利益。贸易律师和学者们在全国各地向国有企业、民营企业和当地政府官员宣传世贸组织决定和案件的影响，同时帮助他们遵守全球贸易规则。
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