Taiwan LII Amy Shee2013.04.07

Taiwan Findings in Making the CJKT Standard Translation

Dictionary

The CJKT-law-dictionary Workshop at Kaohsiung, Taiwan

cjkt_law_dic working file - 0

JaLII instructions JaLII reviewed all terms in the file (12548 terms) to identify terms used in

Japan. If you find a term in the column B, it is a term used in Japan. If you find "x" in column C, the Japanese term is not used by any statute but used by the legal profession or the people.

1. Please review as many terms as possible to find out whether the term is found in your jurisdiction. You DONOT have to understand the meaning of a term. Simply decide whether the term is used as it is in your jurisdiction.2. If you find the term in your jurisdiction either in your laws and statutes, enter the Chinese characters in the relevant column (J or M). If it is not found, delete the term from the column. If you have comments, add comments to the relevant column.

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cjkt_law_dic working file - 1

TaiwanLII work (1) TaiwanLII reviewed all terms in the file (#1-- #12548 = 12648

keywords) to identify terms used (or appear) in Taiwan. If

you find a term in the column J, it is a term used (or appear)

in Taiwan. If you find "x" in column K, the term is not used

by any Taiwan statute but possibly used by the legal

profession or the people (some terms checked on internet; many

judged from first impression which need further checks) .

We first use computer matching to identify terms “found in”

Taiwan statutes (4220 out of 12648 = 33.4%).

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cjkt_law_dic working file - 2

TaiwanLII work (2) As we DONOT have to understand the meaning of a term, wrongly

identified terms (such as “動機” matched from “發動機” ) are not deleted. On the other hand, we have checked to find 188 (1.5%) wrong identifications out of the 4220 (33.4%) and put comments in column R to facilitate the future work.

As a result, we enter the Chinese characters in column J if the term appear in Taiwan statutes. If a term is not found in statutes (column K marked “x”, totally 8,228) but is possibly used by the legal profession or the people, we also keep the term in column J (totally 1,669). The remaining (not in statutes nor terminologies, totally 6,559) terms are then deleted with comments to column R (3,133 comments).

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cjkt_law_dic working file - 3

How we do Taiwan part of the work (1)

1. Download full texts of Taiwan laws ( totally 4,447 statutes) from the MOJ website to make a “Taiwan-law database” to do computer-matching with the #12,548 (12648) cjkt keywords.

2. Makes automatic conversion of the Korean Chinese and Japanese Kanji (#11693-#12314) to Chinese traditional shape for the computer to do the matching work. Note: After conversion, some Korean and Japanese still remain (solution? Conversion mistake? Manual check?).

3. Computer locates 4,220 matching terms of the cjkt keywords in Taiwan statutes (33.4% of 12,648 keywords).

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cjkt_law_dic working file - 4

How we do Taiwan part of the work (2)

4.Enter the 4220 matched terms (such as 動機 located in 發動機 ) in column J as “statutory term”, though they are not necessarily statutory terms (such as 動機 ).

5. Delete from column J the 8428 terms not found in statutes, and mark them as non-statutory terms “x” in column k.

6. Check the 8428 non-statutory terms with the help of internet (Google, Bing) to see whether a term is used by the legal profession or the people in Taiwan. If yes, the term is put back to column J. Note: temporarily locate 1,669 such terms.

7. Check the remaining 6,559 terms to find possible matching terms in Taiwan to add comments (3,133) in column R.

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cjkt_law_dic file: TaiwanLII working file

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The old comments in Column R of the

last cjkt_law_dic file need to be added and

checked to confirm.

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cjkt_law_dic file: TaiwanLII working file

Column B - ID

Column C - Automatic conversion from Korean Chinese to Traditional Shape

(done by JaLII)

Column E - [1] Computer matching result (statutory term)

Column F - [2] Terminology (used in legal profession\society)

Column G - [3] statutory term (corresponding with [1] )

Column H - [4]Comments: compatible term in Taiwan

Column I - [5] Comments: wrongly identified statutory term[1]: source of law

Column J - [6] statutory term (wrongly identified excluded)

Column K - [7] statutory term (corresponding with [6] )

Column M - J1 (=[1]+[2]) >> Column J of cjkt-law-dic

Column N - K1 (=[3]) >> Column K of cjkt-law-dic

Column O - J2 (=[6]+[2])

Column P - K1 (=[7])

Column Q – R (=[4]+[5]) >> Column R of cjkt-law-dic

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cjkt_law_dic working file: Taiwan part

Columns J, K, R

Column J. K. Column R.

cjkt_law_dic working file ：Questions

1. For the 188 terms that were wrongly identified a “statutory term” (such as #37一般職 ), should they stay in Column J ?

2. (column K) Now we mark “x” to mean a term is not statutory term. But “x” bears different meaning in many western countries. Fro better communication in later days, should we change it?

3. (column R) Now every jurisdiction put various kinds of information in the Comment column. Should we develop a set of formalities to out in similar information, such as source of laws\ information?

4. (column J) in the current cjkt_law_dic file is still named as “Taiwan: Automatic conversion to Traditional Shape”. How can it be properly renamed.

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cjkt_law_dic working file: future work

not Chinese> Chinese> terminologies> statutory term

* A term may be deleted from column J simply because it is not yet Chinese. When #12463 越權의 is turned into 越權 , it becomes a Taiwan statutory term in the Company Law. When #12473 融通어음 is turned into 融通 , it is found in the 中央銀行對銀行辦理融通作業要點

* A term like #3 ㄧ家創立 or #3 -2 家族關係登錄創設 is deleted from column J because it is not a Chinese terminology. ㄧ家創立 may be understood as 建立家庭 to become a terminology (mistaken as a statutory term in 家庭暴力防治法 ). 家族關係登錄創設 may finds in Taiwan law a compatible statutory term 戶籍登記

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cjkt_law_dic working file: future work•In doing comparative law research using Japanese materials, Taiwan scholars tend to use kanji directly in Chinese writings. For example: it is written in a Chinese academic article:

… 如此解釋， 將使被告的普通裁判籍與侵權行為地的 特別裁判籍中之「原因事實發生地」競合…

普通裁判籍 and 特別裁判籍 are not even understandable Chinese if we do not read that article. In the cjkt dictionary we may choose to include such terms as they are or to add some note like 普通裁判籍 ( 日本法 ).

* The Japanese 家庭裁判所  is a familiar term in Taiwan though it is not even Chinese. In the cjkt dictionary we may choose to keep the original or to put it as 日本家庭裁判所 . We may also use its compatible term in Taiwan 家事法院 \家事法庭 .

Taiwan-law-dic

Traditional-Chinese

based working file

Traditional-Chinese based cjkt.law.dic— part 1

Japanese dictionary [ 4400 Japanese \ 3872 Chinese terms]:

computer align + expert proofreading

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1. Experts work out all equivalent terms of the 4400 kanji terms in the Japan MOJ bilingual dictionary [2011version].

2. The Japanese dictionary distinguishes verbs from nouns, such as “apply” and “application”, but for Chinese they are both “ 申請” , so there appear duplicates (two 申請 ) in the Taiwan column to be deleted.

3. As a result, 3872 Chinese terms are derived from the 4400 Japanese.

4. The English translation of each term is directly taken from the Japanese dictionary.

Taiwan Judicial Yuan STD [ 2,241 Chinese terms]:

Keywords taken from judicial interpretations

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1. To facilitate the standard translation of judicial interpretations, the Taiwan Judicial Yuan (JY) publishes a bilingual dictionary on the JY web.

2. After deleting the duplicates, 2,241 Chinese terms are taken from the JY dictionary.

3. The JY English translation has been further proofread and amended by TaiwanLII appointed experts.

Traditional-Chinese based cjkt.law.dic— part 2

Judicial Wisdom Project [ 4,977 Chinese terms]:

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1. To help with judge work, the Taiwan Judicial Yuan (JY) has developed a Judicial Wisdom database to include important cases under chosen topics in selected fields. Each topic file has a list of keywords that have appeared in the chosen cases. Totally the database has made over 4000 keywords under about 80 topics.

2. Taiwan LII appointed experts to give 1-3 equivalent English terms (with Chinese translation) to each of the keywords.

3. After deleting the duplicates, 4,977 Chinese terms are derived from Judicial Wisdom database .

Traditional-Chinese based cjkt.law.dic— part3

Manually picked statutory term [ 7,514 Chinese terms ]:

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1. To increase candidates of Chinese keywords, TaiwanLII appoints 3rd year law students to pick Chinese keywords from statutes that have been included in the Taiwan KWIC.

2. Manually picked keywords were sorted out with a helper and duplicates are deleted automatically. So far it has accumulated 7514 terms.

3. Out of the 7514 terms, 5826 (78%) have not appeared in the previous 3 files, which means the manual work is worth doing, and maybe the manual work should also include picking up the corresponding English translation …

Traditional-Chinese based cjkt.law.dic— part 4

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[ 3,872 + 2,241 + 4,977 + 7,514 ] – overlaps over files = Taiwan-law-dic working file = 16,133 Chinese keywords

　 　 [1] 　 [2] [3] [4]=[2]-[3]

 4 Component Files Original fileColumn A

Number of terms

Taiwan-cjkt Column A

Number  of Chinese terms

(Before combination)Overlap-- One term also appears in the other files

Combined file components single

appearance

1. JP-SBD (Japan MOJ SBD 2011 version, Chinese equivalents 2012 )

日文漢字 4,400 中文 3,872 1,263 2,609 16.2%

2. JYsbd (Taiwan Judicial Yuan SBD 2012 proofread) 中文 2,264 中文 2,241 639 1,602 9.9%

3. JYwisdom (Judicial Database 2012) 中文 8,557 中文 4,977 785 4,192 26.0%

4. TWlaw (manually picked terms 2013) 中文 7,514 中文 7,514 1,687 5,827 36.1%

(Before combination)OVERLAP-- One term also

appears in the other files　 　 　 　 4,374 　 　

(After combination) OVERLAP -- One term

appears in more than one files-  - - 　 　

1,903 11.8%

Total 　 22,735 　 18,604 　 16,133 100.0%

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Combination

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Total 16,133

Component Percentage

5827 new words = 78%

[3,872 + 2,241 + 4,977 + 7,514] – duplicates = Taiwan-law-dic working file = 16,133 Chinese keywords

Processing flow chart

21 2,474 combined .

File name[number of Chinese terms]

[4,977]