术语的简明定义可模仿重要的管辖区和欧洲联盟采用的规范标准。
The concise definition of the terms could be modelled on the normative criterion used by important jurisdictions and the European Union.
21. 模式B提供内容较广的档案卡,显然将包括模式A的有关部分。
Model B provides a wider file card, which obviously would include parts of model A.
该模式将丰富内容,列入供深入分析的适当参考资料,如文化(社会科学百科全书、主要教科书和专题著作、网站等)、国际组织的规范性决定、各国的立法和判例(如有这方面资料)。
It would be enriched with appropriate references for in-depth analyses, such as to culture (encyclopaedias of social science, leading textbooks and monographs, websites, etc.), normative decisions of international organizations, some national legislation, and jurisprudence (if any).
模式B的价值在于提供机会,让有关的任何机构和专业人员能够丰富自己的知识。
The value of B is to give a chance to any institution and professionals concerned to improve their knowledge.
此外,档案卡的补充部分并不是文件卡的基本内容。
Furthermore, the additional part of the file card would not be an essential element of the document.
如果认为不相关,可视具体情况或作为常规,忽略这一部分。
It could be left aside if not relevant, either on that specific occasion or as a rule.
模式B的局限是,由于档案卡采用链接表述方式,可能导致“个性化”解释,危及所考虑术语定义的统一(而定义的统一正是汇编的主要目标)。
A limit of model B is that, due to the articulated presentation of the file card, it might favour a “personalized” interpretation, jeopardizing the uniformity of definition of the terms considered (the primary objective of the glossary).
22. 在模式C中,委员会核准的正式汇编只包括简明档案,这一点与模式A相同。
In model C, the official glossary approved by the Committee would be composed only of a concise file, as in the case of model A.
但是对所有有关方面和一般公众,经济和社会事务部将在网站上公布所有可能的参考案例和材料。
But, for all the parties interested and for the general public, the Department of Economic and Social Affairs would put all the possible reference cases and materials on its website; in that way, only the most conscientious national public administrations would make use of this “cultural” part.
这样,只有最认真研究问题的国家公共行政部门会利用“文化”部分。
But, for all the parties interested and for the general public, the Department of Economic and Social Affairs would put all the possible reference cases and materials on its website; in that way, only the most conscientious national public administrations would make use of this “cultural” part.
协调员支持模式C。
Model C is supported by the Coordinator.
23. 汇编模式的选择还取决于就待定义术语达成协议。
The choice of the glossary model depends also on an agreement on the terms to be defined.
社会科学专家可轻而易举地列出长串概念清单,工作组第一段的工作显示了这一点。
Experts on social sciences may easily turn out a large list of concepts, as was demonstrated during the Working Group's first proceedings.
但是,这些术语和概念的定义却更充满争议,有三大理由:(a)难以或不可能对英语中广泛使用的术语作一般性定义;(b)在由各国特定政府形式决定的在不同制度中,同一术语的含义不同;(c)法律制度为处理类似问题规定适用不同司法学派。
However, the definition of such terms and concepts is much more controversial, for three main reasons: (a) the difficulty or impossibility of defining in a general way terms widely used in the English language; (b) the differences in the meaning of the same term in various orders, determined by the specific form of Government of each country; (c) the different juridical disciplines that the legal orders have provided for similar issues.
24. 第一种情况的一个恰当实例是“问责”这一术语。
A good example of the first case is the term “accountability”, which administrative sciences use to refer to the responsibility of high-level civil servants, as distinct from “policy responsiveness” of politicians.
行政学使用这一术语是指高级公务员的责任,区别于政治家的“政策回应能力”。
A good example of the first case is the term “accountability”, which administrative sciences use to refer to the responsibility of high-level civil servants, as distinct from “policy responsiveness” of politicians.
但是在非专门意义上,“问责”这一术语与“责任”同义,仅与“法律责任”明确区别。
However, in a non-specialized sense, the term “accountability” is synonymous with “responsibility”, only clearly different from “legal liability”.
汇编应采纳“技术”概念(实际上只有行政学专家赞同),还是倾向于接受(更为大众接受)的一般概念?
Should the glossary endorse a “technical” notion (which, in reality, is shared only by administrative scientists), or would it be preferable to accept the general notion (more accepted by all)?
25. 第二种情况的例子是“权力下放”。
An example of the second case is the term “devolution”.
与“问责”不同,人们对“权力下放”有更多共识。
Unlike “accountability”, there is more consensus about “devolution”, which refers to the transfer of political and administrative powers from the “centre” (the central State, or simply the State) to locally elected bodies, with a representative nature, which will subsequently act in an autonomous way.
该术语指将政治权和行政权从“中央”(中央国家,或就是国家)转移到具代表性的地方民选机构,然后这些机构将自主行动。
Unlike “accountability”, there is more consensus about “devolution”, which refers to the transfer of political and administrative powers from the “centre” (the central State, or simply the State) to locally elected bodies, with a representative nature, which will subsequently act in an autonomous way.
问题在于,由于体制模式不同,该术语在不同法律制度中的运用范围差异极大。
The problem is that the term assumes a significantly different scope in the legal orders where it finds application, due to the different institutional models: devolution in a unitary country, such as the United Kingdom, does not correspond to devolution in a “regional State”, such as Spain or Italy, nor does it correspond to the devolution possible in a federal State, such as Canada or Germany.
大不列颠及北爱尔兰联合王国这样的单一国家的权力下放既不同于西班牙或意大利这样的“区域国家”的权力下放,也不同于加拿大或德国这样的联邦国家的权力下放。
The problem is that the term assumes a significantly different scope in the legal orders where it finds application, due to the different institutional models: devolution in a unitary country, such as the United Kingdom, does not correspond to devolution in a “regional State”, such as Spain or Italy, nor does it correspond to the devolution possible in a federal State, such as Canada or Germany.
背景的多样性赋予同一术语不同的含义。
In the light of such diversity of context, which gives various meanings to the same term, the problem arises in defining “devolution” in various ways, according to the institutional models.