Glossary entry (derived from question below)
Mar 19, 2002 20:20
22 yrs ago
Chinese term
自 行 和 解 , 执 行 和 解
Chinese to English
Law/Patents
有 权 代 为 法 庭 调 解 、 自 行 和 解 ( 包 括 执 行 和 解 ) 、申 请 撤 诉
Proposed translations
(English)
5 +1 | compromise and settlement; settlement; voluntary settlement; enforcement of settlement agreement | Raymond Chu |
4 | 自 行 和 解 = reconciliation by the involved parties | Kevin Yang |
Proposed translations
+1
11 hrs
Selected
compromise and settlement; settlement; voluntary settlement; enforcement of settlement agreement
First, about "nolle prosequi" (Latin term for "will no further prosecute") is a term commonly used in criminal law to denote that the prosecuting attorney will no longer prosecute the case or will withdraw his charges in a criminal proceeding. In a civil proceeding, the plaintiff files a "motion to withdraw" his complaint or pleading, or the records already in the court. In most cases, the plaintiff, instead of filing anything, simply "fails to appear" before the judge,and the case will then be dismissed by the court.
Second, about the term "compromise and settlement" or more commonly "settlement" for 和解, Black's Law Dictionary defines it to mean "an agreement arrived at, either in court or out of court, for settling a dispute...." The Chinese term 自行和解 means actually "settlement arrvied at out of court between the parties voluntarily and willingly, although the court may play the role as a mediator under Chapter 8 of the Civil Procedure Law. If you feel you have to translate the expression 自行, perhaps you can say "voluntary compromise and settlement."
Second, about the term "compromise and settlement" or more commonly "settlement" for 和解, Black's Law Dictionary defines it to mean "an agreement arrived at, either in court or out of court, for settling a dispute...." The Chinese term 自行和解 means actually "settlement arrvied at out of court between the parties voluntarily and willingly, although the court may play the role as a mediator under Chapter 8 of the Civil Procedure Law. If you feel you have to translate the expression 自行, perhaps you can say "voluntary compromise and settlement."
Peer comment(s):
agree |
Liebling (X)
39 mins
|
4 KudoZ points awarded for this answer.
57 mins
自 行 和 解 = reconciliation by the involved parties
PML,
I am not so sure about these two. You had better wait and see what our lawyer friend Raymond Chu would translate them.
My best translation would be the following, but I am not very certain:
自 行 和 解 = reconciliation by the involved parties
执 行 和 解 = reconciliation by court recomendation
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Note added at 2002-03-20 06:53:37 (GMT)
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申 请 撤 诉 = motion to withdraw a charge or \"motion to drop a lawsuit\"
I am not so sure about these two. You had better wait and see what our lawyer friend Raymond Chu would translate them.
My best translation would be the following, but I am not very certain:
自 行 和 解 = reconciliation by the involved parties
执 行 和 解 = reconciliation by court recomendation
--------------------------------------------------
Note added at 2002-03-20 06:53:37 (GMT)
--------------------------------------------------
申 请 撤 诉 = motion to withdraw a charge or \"motion to drop a lawsuit\"
Discussion