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我们看下一个关键词“排除”。“排除”可以翻译为exclude。我们看Cobuild的解释和用法举例:
1 If you exclude something from an activity or discussion, you deliberately do not include that thing in it.
The retail prices index, excluding housing costs, rose by 646.6 per cent.
2 If you exclude a possibility, you reject it.
A fake call from some local phone box was not excluded.
3 If you exclude someone from a place or activity, you prevent them from entering the place or taking part in the activity.
...jobs from which the majority of workers are excluded.
我们由此知道,exclude的句型是exclude something或exclude someone/something from…,但我们怀疑这个词是否可以表示法律上的“不适用于”,于是我们查Microsoft Bookshelf中的钱伯斯电子词典,发现一条解释中有:to exempt (from a law, regulation, etc) 。所以,这里可以用exclude,也提醒我们,还可以用exempt。
所以,前半句可以翻译为:One view is that since the criminal law of China does not exclude husband and wife…或者用被动语态:One view is that since husband and wife are not excluded from the criminal law of China …(考虑到后半句话题是丈夫,为保持话题的一致,用被动更好一些)。也可以用exempt翻译:One view is that since husband and wife are not exempted from the criminal law of China …这半句还有一个小问题:是criminal law in China还是criminal law of China? 在BNC-World上查criminal law of,结果有:
1. The criminal law of England (it might well be argued) is shot through with inconsistencies and irrationalities
2. …suggested that Imelda Marcos would be charged under the criminal law of the Philippines at some point in the future.
3. There are plenty of examples in English criminal law of crimes which appear to include…
所以,我们不仅可以说the criminal law of China,还可以说the Chinese criminal law。至于the criminal law in China,查询结果共有12项,其中3项与我们的要求在形式上相似,它们是:
1. The Dutch courts applied Roman-Dutch criminal law in the Low Country, though it is unlikely that it was adhered to by headmen or officials trying minor offences.
2. His lecture took as its starting point the distinction drawn by the Wolfenden Committee between public and private behaviour, and what it thus considered to be the proper role of the criminal law in these areas.
3. There is growing interest in the possibility of introducing a formal system of plea bargaining and discounts into the systems of criminal law in the UK.
但仔细分析,发现介词in组成的短语并不修饰law:第一句应当理解为to apply…in some place;第二句应理解为the proper role … in these areas;第三句应理解为the systems …in the UK. 所以,不能用介词in.