權利告知口譯之困難：以中文譯入印尼語為例
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2013
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Abstract
隨移民、移工人口逐漸增加，社區口譯之需求更顯重要。其中，司法通譯為專業領域之口譯活動，所翻譯之內容為高度專業的法律事務，且翻譯之品質對服務對象也有實質重要影響。有鑑於此，本研究以權利告知之翻譯為例，研究中文與印尼文通譯於翻譯此一內容時所遇到的問題。本研究以中印尼文通譯為對象，請受試者將中文的權利告知翻譯成印尼文並進行個別訪談。以多項研究工具與方法分析受試者分別在理解與翻譯產出的困難之處，包括：問卷、觀察研究、訪談、自評表、專家評分、華語文能力測驗各等級字詞表、中文可讀性分析指標、錯誤分析。
研究結果發現，受試者普遍的翻譯表現並不甚理想。造成理解困難的原因包括法律語言與艱深字詞、書面語轉換為口語表達、宣讀方式不當、對當地司法制度不熟悉、理解錯誤而不自知。產出方面的錯誤則以省略與額外增加最多。研究也發現法學專家的評分明顯低於受試者之自評，且此情況不分資深或資淺譯者，顯示現任通譯在翻譯權利告知一類例行程序的品質仍有待加強。但無監督與檢視之機制，難以確保翻譯品質。
研究最後提出建議方案。第一，將權利告知之內容以淺白之語言撰寫，使之更淺顯易讀；第二、制訂各語言版本之權利告知；第三、要求通譯與警方都接受更紮實訓練，以助雙方更有效合作。
Legal interpreting is a highly professional field that requires interpreters to be equipped with legal knowledge, as the quality of interpretation can significantly impact the rights of the clients. This research, therefore, studies about the difficulties that might encounter Chinese and Indonesian legal interpreters in the setting of interpreting Taiwan’s “Miranda warning”, the basic rights of suspects given by police officers when being questioned in the police station. The study shows that the average performance of subjects is poor. Factors affecting their understanding of the rights include legal language and difficult words, transforming a written text into dialogic speech mode, inappropriate way of delivering the rights, unfamiliarity with Taiwan’s legal system, being unaware of one’s mistakes. In addition, inappropriate omission and addition are the two of the most often found mistakes in the subjects’ interpretation. The finding also reveals that the scores given by legal experts on subjects’ performance are significantly lower than those graded by the subjects themselves. As many subjects are practicing legal interpreters who often interpret these rights, it indicates that interpreters should be further trained. However, without proper monitoring system, it is difficult to ensure the quality of legal interpreting. Finally, the researcher proposes three solutions for improvement. First, re-design a simpler version of the rights that can be understood more easily. Second, provide standard versions of different languages of the rights so interpretation mistakes of these fundamental rights can be avoided. Third, require both legal interpreters and police officers to take further training. Aside from legal background, interpreters often lack sufficient knowledge of legal terminologies both in their mother tongue and the second language. On the other hand, police officers should have better understanding of the nature of interpreting so they can work more smoothly and effectively with interpreters.
Legal interpreting is a highly professional field that requires interpreters to be equipped with legal knowledge, as the quality of interpretation can significantly impact the rights of the clients. This research, therefore, studies about the difficulties that might encounter Chinese and Indonesian legal interpreters in the setting of interpreting Taiwan’s “Miranda warning”, the basic rights of suspects given by police officers when being questioned in the police station. The study shows that the average performance of subjects is poor. Factors affecting their understanding of the rights include legal language and difficult words, transforming a written text into dialogic speech mode, inappropriate way of delivering the rights, unfamiliarity with Taiwan’s legal system, being unaware of one’s mistakes. In addition, inappropriate omission and addition are the two of the most often found mistakes in the subjects’ interpretation. The finding also reveals that the scores given by legal experts on subjects’ performance are significantly lower than those graded by the subjects themselves. As many subjects are practicing legal interpreters who often interpret these rights, it indicates that interpreters should be further trained. However, without proper monitoring system, it is difficult to ensure the quality of legal interpreting. Finally, the researcher proposes three solutions for improvement. First, re-design a simpler version of the rights that can be understood more easily. Second, provide standard versions of different languages of the rights so interpretation mistakes of these fundamental rights can be avoided. Third, require both legal interpreters and police officers to take further training. Aside from legal background, interpreters often lack sufficient knowledge of legal terminologies both in their mother tongue and the second language. On the other hand, police officers should have better understanding of the nature of interpreting so they can work more smoothly and effectively with interpreters.
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Keywords
社區口譯, 司法通譯, 權利告知, Community Interpreting, Legal Interpreting, Police Caution