Resolved [CN] How to translate this 回避原则

Discussion in 'Translator's Corner' started by jacha, Apr 26, 2022.

  1. jacha

    jacha Well-Known Member

    Joined:
    Oct 20, 2015
    Messages:
    465
    Likes Received:
    79
    Reading List:
    Link
    How to translate this 回避原则?

    context: 徐澄海一下跳了出来大声叫道:“ upload_2022-4-26_21-19-15.png 这位警官,你和舒风是认识的!你们既然认识,就不能够插手干预这个案件。回避原则,难道你不懂吗? upload_2022-4-26_21-19-31.png
     
  2. Astaroth

    Astaroth empty

    Joined:
    Dec 7, 2015
    Messages:
    5,395
    Likes Received:
    5,257
    Reading List:
    Link
    From context it looks like it's something like how in a court a friend or a relative isn't really a proper witness since they're presumably biased. Not sure what that's called though


    Actually an even better example would be Judges not judging cases involving their relatives and such where they'd have an obvious bias

    edit: seems like that's exactly it https://baike.baidu.com/item/回避法/15517896

    though again I don't know what the English term for it is, if there is one

    The 回避 part seems to be called "Recuse" though. https://en.wikipedia.org/wiki/Judicial_disqualification
     
    Last edited: Apr 26, 2022
  3. nonononononono

    nonononononono NONONONONONONONONONONONONONONONONO

    Joined:
    Feb 8, 2017
    Messages:
    2,141
    Likes Received:
    1,852
    Reading List:
    Link
    Principles of natural justice
    If an adjudicator breaches the rules of natural justice during the adjudication then the decision may be a nullity if the breach is serious.

    There are three well-known facets to the principle of natural justice:


    no one should be a judge in their own cause


    a party should be informed of the allegations against it and be given an opportunity to answer those allegations


    a party is entitled to have its case heard by an unbiased and impartial tribunal
     
    NorthBladeTL and jacha like this.
  4. Guan Zhong

    Guan Zhong Well-Known Member

    Joined:
    Jan 12, 2017
    Messages:
    801
    Likes Received:
    2,258
    Reading List:
    Link
    I concur with this. OP's excerpt is talking about recusing oneself to avoid a conflict of interest.

    So something like this: 回避原则,难道你不懂吗? -- Don't you understand recusal?
     
  5. NorthBladeTL

    NorthBladeTL Well-Known Member

    Joined:
    Aug 13, 2021
    Messages:
    104
    Likes Received:
    122
    Reading List:
    Link
    I would prefer to rearrange and rephrase the whole line, but it's up to you. The previous answers are also great.

    "So you are indeed acquainted with Shufeng! Due to that fact, you cannot be considered an independent witness/party, and are thus unable to interfere with the case. Don't you even know that, dear Mr Policeman?"
     
    Last edited: Apr 27, 2022
    jacha and nonononononono like this.