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Cease and desist provisions

Chinese translation: 禁止令


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Cease and desist provisions
Chinese translation:禁止令
Entered by: albertdeng
Options:
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21:25 Mar 20, 2011
English to Chinese translations [PRO]
Bus/Financial - Law (general)
English term or phrase: Cease and desist provisions
在中国有没有标准的说法?
albertdeng
Local time: 09:31
停止条款
Explanation:
Given that no context is provided, it's hard to translate the "cease and desist provisions". Does it stipulate the circumsatnces, under which a contract is terminated? To be honest, as a lawyer, I seldom see the "ceas and desist provisions" for termination of a contract. As shown in Wikipedia, "A cease and desist (also called C & D) is an order or request to halt an activity (cease) and not to take it up again later (desist); or else face legal action. The recipient of the cease-and-desist may be an individual or an organization.

In the U.S. the term is used in two different contexts. A cease-and-desist order can be issued by a judge or government authority, and has a well-defined legal meaning. In contrast, a cease-and-desist letter can be sent by anyone, although typically they are drafted by a l


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Note added at 5小时 (2011-03-21 03:21:23 GMT)
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补充下,《元照英美法词典》收录了“cease and desist order”词条译为“禁止令”,供参考。
Selected response from:

Marco Wang
Local time: 05:31
Grading comment
禁止令. Thanks a lot, everyone, for your valuable input.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1停止条款
Marco Wang
4 +1终止条款
Long Song
4解除和终止条款
Sharon Toh


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
cease and desist provisions
解除和终止条款


Explanation:
在我翻译过的合同原文中(基本上来自中国),写的都是“解除和终止条款”。我都是翻译为Rescission and Termination。不过,cease and desist的意思也差不多,所以我认为可以用解除和终止条款。

Sharon Toh
Singapore
Local time: 05:31
Works in field
Native speaker of: Native in EnglishEnglish, Native in ChineseChinese
PRO pts in category: 4
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
cease and desist provisions
终止条款


Explanation:
A long-standing tradition has formed with the English legal terminology where duplicity, triplicity or even multiplicity of rhetoric is employed to make the meaning and inclusion of the term extensive and exclusive of exceptions, whereas in Chinese, a single term will do as is the convention of the language.中文中如果采用同义复现形式,会十分可笑,甚至是个忌讳

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Note added at 1小时 (2011-03-20 23:02:34 GMT)
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我觉得Sharon Toh的“解除和终止”同义复现现象,是原来有人把英语的“Cease and desist provisions”错误地翻译成“解除和终止”,后来又再错误地翻译成“Sharon Toh”,英汉法律用语的一个最大不同,就是英语把两个或数个同义词并列在一起,而汉语只用一个词。

Long Song
Local time: 05:31
Works in field
Native speaker of: Chinese

Peer comments on this answer (and responses from the answerer)
neutral  Sharon Toh: 虽然我基本上同意你的看法,但我认为有必要澄清:因为Albert问在中国有没有标准的说法,所以我提供的答案是根据我至今在各类来自中国(大公司、国企等)的中文合同中所看到的说法。至于Albert是否采纳或其他人是否同意,我无意见,我并没有说我是百分百正确。至于解除和终止是否意思完全一样,我觉得见仁见智。
10 hrs

agree  clearwater
2 days23 hrs
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
cease and desist provisions
停止条款


Explanation:
Given that no context is provided, it's hard to translate the "cease and desist provisions". Does it stipulate the circumsatnces, under which a contract is terminated? To be honest, as a lawyer, I seldom see the "ceas and desist provisions" for termination of a contract. As shown in Wikipedia, "A cease and desist (also called C & D) is an order or request to halt an activity (cease) and not to take it up again later (desist); or else face legal action. The recipient of the cease-and-desist may be an individual or an organization.

In the U.S. the term is used in two different contexts. A cease-and-desist order can be issued by a judge or government authority, and has a well-defined legal meaning. In contrast, a cease-and-desist letter can be sent by anyone, although typically they are drafted by a l


--------------------------------------------------
Note added at 5小时 (2011-03-21 03:21:23 GMT)
--------------------------------------------------

补充下,《元照英美法词典》收录了“cease and desist order”词条译为“禁止令”,供参考。


    Reference: http://en.wikipedia.org/wiki/Cease_and_desist
Marco Wang
Local time: 05:31
Specializes in field
Native speaker of: Native in ChineseChinese
PRO pts in category: 4
Grading comment
禁止令. Thanks a lot, everyone, for your valuable input.

Peer comments on this answer (and responses from the answerer)
agree  Sharon Toh: Sounds correct.
6 hrs
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