Eco Friendly Continues to be Strong But With Some New Twists.
The ever present Eco Trend continues but with some new twists and with European designers and companies continuing to lead the way. This includes recycled plastic lights, furniture made and inspired from old gym floors, plastic chairs from recycled coke bottles, and Walt Disney Signature Collections with new line of adult chairs made from recycled products. Recycling and eco-friendly is a trend that is here to stay—now and in the future. Our industry will need to find new ways to utilize this new trend and provide our own Eco twist.
100 x 100 Is a Dutch based company that has developed a recycled plastic light for 100 Euros retails. The customers will order the lamp and not pay for the lamp until all 100 of the limited edition are have been sold. This clever idea goes on to several trends such as the eco trend with the recycled plastic and the status trend as the limited edition elements of the lights automatically give the lights an added status. Imagine the people who purchase them can say to their friends, “only 100 of these lamps were sold and I have one of the 100 pieces.” Talk about taking something simple and giving it status!
Soren Rose Studios a Danish design company is making furniture from old gym floors. Using recycled wood is not a new trend (see Mondoro’s recycled bench we have on this newsletter) but what is interesting is this company puts a new twist on recycled by saying this is from the gym floors and also inspired from these floors, giving the furniture a new appeal. These furniture pieces are also limited edition pieces so this adds to the status appeal of the furniture.
Emeco with Coke Chair This chair is a joint venture between Emeco and Coke and is actually molded in North Carolina, but was debuted at the Milan show. Expect to see more of this chair in other shows, including shows in the United States. The Chair will be sold in the United States exclusivity by Design Within Reach. Each chair uses 111 recycled plastic bottles. As with all good marketing, this trend continues to build on several trends. The most obvious is the eco trend, but also the trend of where there are companies in two completely different areas of operation, jointly working together. This is definitely a win-win for Coca Cola Company, so they can show the world they are eco-friendly and eco- responsible and seeking viable solutions to the recycling problem of their plastic bottles. Emeco also wins because their technology is used to develop the plastic for this chair.
Walt Disney Signature and Cappellini debut at the April 2010 Milan Show an colorful range of recycled adult plastic chairs. The Chairs are inspired from animal forms such as birds and fish and uses advanced waste recycling methods to manufacture this collection.
People are concerned about the environment. The latest major oil spill in the United States has showed us that the public cares and they want companies to be responsible for their environment. These companies continue to lead the way to show us that the eco trend is definitely here to stay. Waste recycling, using eco-friendly products and materials are not just a great marketing tool but also a new and successful way to do business.
July 2010
Product Updates
Woven Rattan Products
Woven Rattan is a Great Way to Add The Natural Look into Your Collection.
Mondoro produces woven rattan products for the home furnishing industry. Rattan products can give a beautiful natural look and add to any collection—perhaps in unexpected ways. A high level of craftsmanship skill is required to weave rattan. It must be woven with great precision and especially so, because the material is tough, dense, and strong. There is an environmental value in selling rattan because rattan can be continuously harvested and not clear cut by loggers as with so many trees. So, rattan is a perfect product to market to environmentally sensitive customers who prefer this kind of green product for their home.
Rattan production requires an exacting process and must be carefully processed, including special treatments utilizing steam and chemicals to ensure the cane is properly dry and ready for weaving. Moisture can result in mold and insect problems. Once dried, it must then be cut into uniform strips to be ready to be woven. Rattan requires a frame which must first be built. The frame may be made from wood, bamboo or even metal depending on the product we are producing. Weaving is of course the heart of the process and requires many skills. The weavers need to have the ability to hide where they start and finish with a new strip of rattan. They need to also be able to properly secure the rattan so that it will not come apart.
Rattan products can be used for lamps, lighting, lamp shades, furniture, accessory items, or perhaps we can help you design a creative new use. The rattan can be left to be the natural rattan color, or have color added to it to produce a variety of colors and finishes.
In the past rattan products were considered to be a novelty item, now rattan is found in almost all homes. This wide use suggests an ever widening popular acceptance of rattan for an expanding home furnishing industry.
July 2010
Mondoro News
B.O.A.O.T (bo-a-ut)
B.O.A.O.T means Be Only Asked One Time!
Ask any of our Mondoro Staff what B.O.A.O.T means and they will immediately tell you it means Be Only Asked One Time. We pronounce it bo-a-ut. We use this device to teach an important principle that we introduced at our last annual meeting when we informed everyone that Mondoro was now a B.O.A.O.T company. Our associates are now expected to have to be only asked one time to do something and then to do it right. Further, they are expected to exercise self-responsibility and not need constant supervision to make sure their work is done.
We would like to believe that this principle of self-responsibility has been our goal and has been a part of our culture from the beginning. This is just another effort to “raise the bar” and serve our customers better. Ideally associates should only be told to do something once and then exercise self-responsibility to ensure it is accomplished correctly and completely.
It may surprise the reader that this simple concept is not widespread in Asian companies. The typical Asian way is to work under a boss who is more like a God than anything else, and whose management policy is to instill fear and obedience. The staffs are considered inferior subordinates and in some cases are treated almost as slaves. The typical meeting with an Asian boss will find the boss lecturing a staff who may only pretend to listen. Contributions or ideas from the staff are definitely not encouraged; since the boss considers himself fully qualified without any help from his inferiors.
This principle can also be seen in the school system where teachers will lecture to the students and rarely are the children encouraged to participate or to ask questions. Rote memorization is the way that most schools teach with the teacher giving a sentence and the children repeating it again and again. Self-thinking and self-responsibility is not generally the Asia way of education. Fortunately America and Western Europe gave up this system of education long ago. I think that few westerners realized how lucky they are to have been to have been educated in school system that generally encouraged self-thinking, self-responsibility and self respect.
It is for this reason that teaching these principles has been such a huge part of Mondoro’s focus and company culture. We encourage our associates to think and to take self-responsibility for their work. We encourage them be an active participant on our team. That is at the core of what the B.O.A.O.T principle is about—it is about Being Only Asked One Time, but it is also about taking responsibility for getting the job done and to personally follow through to see it is done correctly the first time.
July 2010
Mondoro Charities
Why Asian Schools Need Help?
Asian Schools are in Need Of Your Help and Support.
This is a question that I get asked a lot. Why do Asian Schools need help? In Asia, school budgets are limited and generally the poorer the area the more help they need. Last weekend we went to visit some schools in Xuan Mai, an area outside Hanoi. The Principal told us they had 500 students of which about 10% of them were children who were so poor their parents could not afford to pay for their school fees to attend school. In fact she added, these children are so poor that we have to give them pencils because they cannot even afford basic school supplies. These are the children that our school backpack program will help. click here to make a donation.
July 2010
BlogSplatter
Independence Day-Expat Style!
4th of July Celebrations – Expat Style.
In America the United States Independence is such a big holiday that perhaps you may wonder how do American expatriates, who cannot go home, celebrate it? You will find that Americans around the world make this a very important holiday—perhaps it may mean more to Expats than to you! Even in a place like Hanoi, Vietnam there is a fun filled Independence Day celebration. This is ironic if you consider that this celebratory party is taking place just a few blocks down the street from a once notorious prison that held our service men during the Vietnam War—called the Hanoi Hilton. Just a short distance down that same street is the present Hanoi Hilton that is called Hilton Opera.
This party has all the trimmings of a regular 4th of July party, and it is not just for Americans, but Vietnamese and many other nationalities—so long as they purchase a ticket. A huge outdoor picnic buffet, Hanoi style, with American favorites such as hotdogs, potato salad, Mexican food , BBQ pork, Ruben sandwiches, salads, ice cream and donuts are all provided.
Entertainment and games is also included along with a show by the Hanoi Circus, a variety of outdoor games, and even face painting activity. One of my favorite parts of the evening is the US Marine Guard’s marching the colors as the National Athem is played by the Marine Pacific Brass Quintet. This always brings an emotional response from the Americans in the crowd. The evening ends with jazz music being played by a Grammy nominated artist Andromeda Turre and a raffle with over 150 prizes being given out.
Sounds a bit like your local celebration? This event which is sponsored by the American Chamber of Commerce, strives to bring a bit of home to those Americans who are living in Hanoi.
Look below to see some photos from our celebration this year.
Photos of the crowd that attended.
The tickets included an large buffet and other treats such as KFC Chicken and donuts.
My friend Matthew Chao is showing his American pride!
The Hanoi Circus came to entertain us. We had everything from jugglers, monkeys to rollerskates!
This couple was spining around on those rollerskates!
There were flags and decorations everywhere.
As part of this cirus act, this man brought in two very large snakes. He was dancing with this snake around him. I am still trying to figure out how a half naked man with a snake is something American!
This little boy was very brave to allow this snake to be put around him! As you see I did not volunteer!
This was a watermelon eatting contest. A Korean man, not an American won!
Marine Corps Quintet is presently on tour and they came all the way from Hawaii to play for us.
Hanoi based US Marine Corps presenting the colors and flag.
Buddhist Monk in the famous Con Son Tiger Cages (’66).
Anita attended an American Chamber of Commerce conference recently held in Vietnam attended by key people who knew about and testified about the Tiger Cages built and supported by the US Government in Vietnam in 1970. It was American policy to pay the South Vietnamese government to perform torture on Vietnamese civilians. The victim’s names were never recorded by the government, but many of them recovered their lives and have significant success stories to tell.
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July 2010
Legality Bites
Arbitration vs Litigation
Are Arbitration or Litigation Better to Handling Disputes?
The question whether to use arbitration or litigation in China for any particular dispute is not a simple one of choosing one over the other. Before deciding which to use there are 9 key areas to consider which include 1) nature and size of the dispute, 2) location, 3) pre-trial/discovery, 4) time, 5) confidentiality, 6) appeal or no appeal, 7) compromise, 8) decision maker, 9) cost. They are defined as follows:
1. Nature and Size of Dispute: Larger companies generally will choose litigation over arbitration because the amount of money in the dispute is larger. Cost of litigation may be the decisive factor when considering the possible outcome. Some cases are so small, or potentially small, that they may not be worth the time and effort involved in litigation and so you may choose arbitration. If the nature of the dispute is simple, arbitration would probably be the easier route. I know for my business, arbitration would generally be the best route since we are small and the amounts in dispute are likely not worth the likely litigation costs.
2. Location: One factor that must be considered; particularly in China, is where the litigation will be resolved. If the dispute is between two Chinese companies, then it must be resolved in China. In litigation you have some choice of where you can file the lawsuit. If you are a foreign company you could choose to resolve it in the United States or Hong Kong, or another foreign location. Generally you can sue where you are domiciled, even if you are a foreign company doing business with a Chinese company in China. Some courts in China especially in Western China, may not be as professional as others. Because of this, I would consider choosing arbitration there, instead of using the potentially flawed court system.
In arbitration both parties voluntarily agree to arbitration, so they both also agree to the arbitration location which must be correctly specified and included in the arbitration agreement from the outset. For example there is no Guangdong Arbitration Commission; it is called the Guangzhou Arbitration Commission. Article 16 (3) of the Arbitration law says “An arbitration agreement shall include arbitration clauses stipulated in the contract and agreements of submission to arbitration that are concluded in other written forms before or after disputes arise.(3) a designated arbitration commission.”1 This location listed must be legally valid and correct.
3. Pre-trial/Discovery: Arbitration does not provide for a real pre-trial phase for discovery as does litigation. With litigation you are under exacting rules for the gathering of evidence and disclosure of evidence%. For some disputes the pre-trial process maybe very important. For example%, if your case is very complicated your expenditure for% the pre-trial process may well be worth the extra cost it may require. If you need to be able to subpoena a witness to show clear evidence at trial, such as in a “whisle blowing” or corruption case, you will need to select the litigation process rather than arbitration which does not allow you to subpoena an unwilling witness. types of disputes, the legal strategy may be to wear down or bury the other side in paper work during the pre-trial phase. The expense of an expert witness may help you build a stronger case. All of these are reasons why a dispute may require a significant and expensive pre-trial phase. For many smaller to medium size business disputes, the pre-trial is usually not necessary. In a multimillion dollar dispute it could mean the difference between winning and losing a case.
4. Time: Time is a factor in deciding between litigation and arbitration. Litigation will generally take more time—possibly years. On the other hand, arbitration generally will settle the issue more quickly—certainly an advantage if time is very important.
5. Confidentiality: There is also a difference between the need for confidentiality of the outcome or the resulting public records available to everyone including the media. The outcome of arbitration is not public record and generally speaking litigation is. This means under litigation it will easier for the public to find out information about the dispute. There are many business disputes, both large and small, where disclosure to the public may damage both parties to the dispute. On the other hand, disclosure to the public of upcoming litigation may become the main reason for starting the litigation. It can serve as a warning to future potential violators that you will prosecute.
6. Appeal or No Appeal: Under arbitration there is no appeal, but under litigation you can appeal the decision. The award decided under arbitration is conclusive and binding on the parities. On the other hand for litigation an appeal is allowed, and may be an important consideration.
7. Compromise: The arbitration process encourages compromise—litigation does not. There is a social and public relations value to a company what can avoid unnecessary or damaging litigation. The United States, among all the countries of the world, has a reputation for excessive litigation—especially by powerful interests who win often by overwhelming the opposition. If both parties agree to arbitration ahead of time voluntarily, they both improve their public image. On the other hand with litigation a clear winner or loser is determined with the guilty or not guilty pronouncement at the end of the trial—which of course may be the desired outcome. For other types of cases the compromise aspect of arbitration may help the parties to re-build their business relationship and continue working together.
8. Decision-maker: Under arbitration the arbitrators are appointed by both parties and the parties can appoint the arbitration tribunal. It does not mean they can only choose someone on their side, but arbitrators need to be neutral. Article 30 states “An arbitration tribunal may be composed of either three arbitrators or one arbitrator. An arbitration tribunal composed of three arbitrators shall have a presiding arbitrator.” So the parties can decide if they will have one or three arbitrators and who they will be. In litigation you cannot choose the judge or the court. Judges are pre-appointed. The uncertainty may be an advantage or not depending on the type of issue.
9. Costs: Arbitration is very likely to be less expensive to both parties, especially when there is a quick resolution. Litigation can be extremely costly due to requirement of pre-trail/discovery and other aspects of the case. If a lot of money is at stake and you have a huge loss on your hands, you may need and want to pay for the costs involved in litigation.
Policies and procedures that avoid both arbitration and litigation works best, but when litigation may be required we prefer to purchase an insurance policy, when available, and shift potential litigation to receive support from our insurance company. The reality is for international business to potentially start a case in litigation can be very costly and time consuming. Even arbitration can be expensive, but since it is handled quicker it can be less devastating The fact is any type of dispute takes away from business.
July 2010
About Us
Design and Development
Mondoro’s Vietnam Office Showroom
By choosing the Mondoro you gain a partner in Asia with experience in the home furnishing and accessories industry. Mondoro designs, develops and manufactures products in China and Vietnam. Visit our website or contact us to find out more of how Mondoro can help your company.
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June 2010
Trend Blast
Trend O-Mania
Mona and Doro show they are trendy in their new formal wear.
There is so much out there that is trendy, so where do we start? I will call this posting Trend-o-mania and touch on some of the trends that are out there which may not directly impact our industry but are important for us to know about because they may relate to our industry. These trends I will highlight on are Pets Galore, Kitchenware and KIddie Fashion.
Pets Galore: It is official! The pet is now a full fledge member of the American family! Each year there is a Global Pet Expo http://globalpetexpo.org/Default.asp ) which is a show that is expected to continue to grow as Pets continue to be an important part of the American Household. Some themes at the show this year were the Eco and natural pet, organic pet and of course the ever fashionable pet. The eco and natural pet owner will be looking for green and eco-friendly products for their pets; this trend relates to our industry because natural products continue to be important. Organic was also big at the pet show; again showing that pets have moved up in the minds of their owners to ensure their pet have the best food available. And who can forget the fashionable pet. Many dogs are now sharing the nuptials with their owners as they become part of the wedding party. (There are even websites for animal romance). But for our industry this shows that pet and pet products could even start to find its way into our industry as pet furniture and accessories become more and more of a fashion statement.
Kitchenware: At the recent Home and Houseware Show in Chicago the trend was all about kitchen gadgets which are smarter, save you time, won’t break the bank and make life more fun. On ABC Good Morning you can see some of the new gadgets such as the mop and bucket that will wring out the water all the way, a baby cupcake maker that bakes your favorite mini cupcakes in 8 minutes, or a cleaning bottle belt that allows you to place your sponges on to the cleaning bottle with a belt. My personal favorite new fashionable item was the new Hoover Dirt Devil Vacuum that has a painted decal on it.
Kiddie Fashion: Looking at the Kiddie Fashion will give some indication of what is going to come in Home Décor. For Boys Fashion they will be a surge in classics. This trend will headline the coming trend in the home furnishing industry where wool, tweed, silk, velvet, crepe, seersucker, and twill will become part of the chic fashion. Solids will also start to pair up with smaller checks, abstract florals and also animals skins. Next time you go past a children’s store look inside and look at the colors and fashion to get some ideas of what trends and colors will be coming around the corner.
June 2010
Product Updates
Outdoor Furniture
Outdoor solid wood furniture
While indoor furniture has been our main production, Mondoro is now designing and producing unique outdoor furniture. Many of our customers are finding a growing market for weather resistant outdoor furniture—especially the American market. Outdoor furniture has special requirements:
1. Weather tested: The furniture that is used in outdoor production must be able to withstand many kinds of weather. Though it is recommended that people bring the furniture indoors during the winter season, some people do not, so the furniture and finish should be able to withstand extreme temperatures. Presently Mondoro manufacturers outdoor furniture with paint color and also with a basic oiled finished. Both of these finishes are able to withstand outdoor use.
2. Wood: The wood for outdoor furniture is very important. It must be the proper type of wood that can withstand outdoor use. Mondoro does most of their outdoor production in Acassia or Balau wood. Both of these woods are wood types that are found locally in Vietnam. We have also produced with imported plantation certified teak.
3. Glue: The glue used in outdoor production must be able to withstand harsh weather conditions. To help with this, Mondoro has a testing facility where we are able to simulate the harsh weather conditions through our cycle test. where we first place the product in very cold temperatures to freeze it and then place it in a heater to heat it up. This helps us to see how the product will react in extreme conditions.
4. Structure: Unlike indoor furniture, outdoor furniture must have a different structure. The pieces must be designed so that the wood can expand and contract where needed in ensure that the pieces of furniture will not crack. This type of technical knowledge requires skilled
Vietnam , where all our outdoor furniture is produced, has a long history of successful outdoor furniture production along with the required technical expertise. If you are interested in learning more about how Mondoro can help you with your outdoor furniture needs, please contact Anita at sales@mondoro.com
June 2010
Mondoro News
Journey To Tibet
This last month Sammy and I went into Tibet to visit some schools we are helping with our Mondoro Charities in the Tibetan part of China. It was not only a magnificent experience to see the nomads, blue skies, snow capped mountains and yaks, but also a humbling experience as we met with and spoke with principals, teachers and school children who had so little, yet gave so much. These dedicated school principals asked us to help with basic school supplies such as large size rulers, protractors for use by teachers to teach math, notebooks, pencils, paper, school backpacks and medical supplies. You can find the complete list on our website. If you want to help and donate you can donate directly onto our site. Attached is a photo journey of our Tibetan journey and the land we saw and the people we met.
A photo journey of Mondoro’s Charity trip into Tibetan China
The first school we went to is the Bo Sang School which has about 40 students, but they cannot afford a teacher.The children are all poor and come from families where their parents are mainly farmers.This school greeted us with white scarves a welcome that the Tibetans give to their honored guests.
More Tibetan School Children
Bao Mei Gao Er Ka School.We will be helping this school with some basic school supplies. This school has about 30 children. All of them come from families that are either nomads or farmers.This school gave us all red scarves that is common among school Children in China. The man in the traditional clothes is the Tibetan teacher for the school. The young man with the baseball hat is the principle
Bao Mei, Dao Fu School.This school is another poor school with about 30 children. They asked us for very simple supplies like a big ruler for their chalk board and medical supplies.The monk was a friend we met at the monastery, and he asked us for a ride to the next town.
Snow Capped Mountains.Tibet has beautiful snow capped mountains.And even though it was summer time, the mountains still had snow on them.
To get to this area we had to travel over 15 hours by car. There are no flights or trains.Part of our journey took us over a snow capped mountain.We could actually see snow along the side of the road which was a great contrast from Guangzhou with its 90 degree heat and 100% humidi ty.
Prayer Flags blowing prayers in the wind.This was a scene typical of the area we traveled.
Ya La Mountain, or the Holy Mountain.We were very lucky because most of the days we traveled gave us great views of the Ya La Mountain.
Ya La Mountain with the Grasslands with Yaks roaming on them.A typical scene for this area of Tibetan China.
Nomads with their horses.Tibetans wear a hat like a US cowboy hat and also ride horses.
A Traditional Nomad Tent. These tents are increasingly hard to find because they are being replaced with a newer and more modern looking tent. The nomads will travel with their Yak herds.They will be on the lower ground in the fall and winter and go to the higher grasslands in the spring and summer.
Some Tibetan yaks.They use the milk from the Yaks for yogurt and butter.It seems to be a sour milk and not as sweet as we are use to.
A view of a Tibetan Temple.There are many such wonderful temples.
A woman at the prayers wheels.The prayer wheels have some scriptures on them and they walk around them each day to spin them or spin their prayer.
Some children at the prayer wheels.They were not sure what to make of the foreigners at their prayer wheels.
Typical Tibetan House. The animals will stay on the ground floor and the family on the top floor.
Some monks at the temple. I love the sunglasses!
Some monks and others outside the prayer wheels.
When we were in BaMei a Living Buddha came to visit.We could not see him but we could hear him speaking and reading scripture from this house.
Here are some of the people at the gathering of the Living Buddha in BaMei
Tibetan Woman waiting outside a house.Besides having houses made of stones many Tibetan houses are similar to a log cabin we have in the United States.The clothing these women wear is typical of what you see on the streets in this area.
June 2010
Mondoro Charities
Village Schools (Tibet)
Tibetan School Children that Mondoro Charities will help with school supplies.
No act of kindness, no matter how small, is ever wasted."- Aesop
Gao Er Ka and Daofu Schools in Baimei, Tibetan China, in total have about 61 students and 6 teachers. Most of the children are from the families of villagers or nomads. Many of the children have home-made backpacks because they can not afford a real backpack. Lacking their own rulers protractor sets, etc. they are not able to learn math properly. Mondoro Charities, with your help, would like to help supply these schools with some basic school supplies.click here to make a donation.
June 2010
BlogSplatter
Negotiating Chinese Style
Negotiating Chinese style is not always as easy as it seems.
A friend of mine who is an American who works in Guangzhou told me that he may need to start to take some anger management classes after all his negotiating in China. I told him that I wanted to know where the classes were held as I would be happy to sign up along with him. The truth is that in China negotiating is tough, it takes a lot of patience, self control and just plain endurance.
First the tea is poured. I don’t even drink the tea, so I take the cup and put it aside. We start on the small talk, weather, family, life and just about anything. About this time the cigarettes from the factory get lite up. There is no sense of there being a non smoking zone, so smoke gets blown in your face. I sit and try to move away from the smoke and not complain but keep a smile on my face of “I am so happy to be here today.”
At this point at least 45 minutes since we have walked in the door have past and we have not even started to talk about anything important. The room is filled with smoke and all the while we need to be sure to keep a smile on our faces. Then slowly the complaining starts. It can range from whole host of things but it is anything from labor being so hard to get, to supplies increasing in price to just about anything you can think about. The list can go on and on. We smile and tell them how the complaint does not matter or how we understand BUT….. And around and around we will go on this, the same complaints, our giving the same reasons but using different words or techniques each time we give them. This could go on for 1 to 2 hours. Finally sometime after my lungs are black from inhaling the smoke, my face is sore from putting on that fake smile we get the point while we are really there and what we need to talk about.
From an outsider all this can seem like a pointless exercise. I mean after all isn’t time money? Why can’t we get to the point of the conversation? I ask myself that question many times.
Here are some things to remember about negotiations Asian Style:
1. Negotiations Asian Style is a Skill. This requires a skill, that I find few foreigners really have. In the first place to really negotiate effectively you need to speak and under the language and culture. As a foreigner you may think you have won, but in reality you have not. This I have found is best to be done by Chinese to Chinese or by Asian to Asian. As a foreigner, you will get a lot more done by sitting and listening instead of trying to control the negotiating.
2. Shouting Does Not Mean Anger – Chinese shout when they talk. Chinese is just a loud language and noise is used to emphasis. So if you are sitting there not understanding a thing and you hear shouting, it does not mean anger. Shouting or loudness is used a lot, especially when there is negotitating going on.
3. Don’t Rush &ndash- This is harder to do than say, but sit back relax. Do not look like you are in hurry but act like you have all the time in the world, especially if you want to get your way in the negotiations. Take your time and work with the rythum, don’t try to break it.
4. Expect to Compromise –In fact in truth most Chinese would prefer to compromise with a problem than to go to court. Expect that there will be some compromise, so have an idea of this compromise ahead of time.
5. Expect Complaints –There will be complaining. It is the nature of the negotiation and do not take it personally. But find a way to weed through the complaints as some will be justified and many will not be.
The Dumb Foreigner and my journey into the hinder land of China.
Anita describes her recent trip to Western Chinese Tibet. Because they considered her a dumb foreigner she was lied to about salaries normally earned by Chinese school teachers and Principals. Anita describes the shock experienced by many Chinese when they realize that she knows prices and was not fooled.
Anita then described the road traffic she experienced on her long jeep trip into Tibet, where nearly all the traffic was large convoys of 100 or more military vehicles, but almost no civilian traffic. These trucks were proof that China is heavily investing in roads and infrastructure, far more than Vietnam, but China will have to balance that with expenditure on social welfare for its numerous poor.
June 2010
Legality Bites
China- US Judicial Review
The US and China handle legal interpretations differently.
China and the United States handle legal interpretations differently. It will not surprise most Americans to learn that there are no real judicial and legislative separation of powers in China as we have in the United States. China and the United States also come from different rules of legal thought; China’s legal system is based on the Civil Law principle and the United States is based on the Common Law principle.
Chinese Legislative Review: In China the judiciary plays a less important role than with the American system. In China the power to interpret laws is not an independent power but is in the hands of the National People’s Congress Standing Committee (NPCSC). The Chinese Constitution states:
"Article 67 The Standing Committee of the National People's Congress exercises the following functions and powers: (1) To interpret the Constitution and supervise its enforcement; (2) To enact and amend statutes with the exception of those which should be enacted by the National People's Congress; (3) To enact, when the National People's Congress is not in session, partial supplements and amendments to statutes enacted by the National People's Congress provided that they do not contravene the basic principles of these statutes; (4) To interpret statutes:
Article 67 and points 1, 2 and 4 state essentially that the Standing Committee of the National People’s Congress (NPCSC) has the power to interpret, enact, or amend the statues. This power is given to the NPCSC and not to the court system. Therefore the role of the courts in China is to apply the laws as enacted by the NPCSC--not to make law or set precedents.
Legislative Interpretation Comparison: At the core of the differences between the Chinese and US legal systems is how the Common Law judges look at statutory interpretation and how they apply general principles such as the literal rule, the mischief rule and the Golden Rule. In common law countries such as the United States, generally speaking, the courts hold the interpretation of the judges in high regard, while also considering the laws enacted by the legislature.
On the contrary, in China, the power to interpret legislation as stated in the constitution does not belong to the courts but to the legislature or more specifically the NPCSC. Therefore at the core comparison between the two is how each view the role of the courts and legislative interpretations. In speaking of some of the differences, Yang Xiaonan in the Hong Kong Law Journal commented:
"The Marxist view is that “law in nature is the will of the ruling class” The principles of checks and balances and separation of powers are never applicable within the Chinese polity. The legislature is thus supposed to be the ideal interpreter of “the will” which was reflected in laws. Since the will of the people is the final resource of laws, judicial restraint on the legislature -- the representatives of the people, “seemed to conflict with fundamental assumptions of socialist jurisprudence” The Standing Committee of the National People's Congress (NPCSC), rather than the Supreme People's Court (SPC), is the final interpreter in the legal system of the PRC.”
It is interesting to note that perhaps a common goal of both China and the United States law is to consider the will of the people as an important element in legislative interpretations. China believes the people’s will is implemented in the People’s Congresses and not the judiciary system. The United States on the other hand also views the will of the people as not only our right to vote but our right to have a system that is set up with proper checks and balances. Thomas Jefferson the 3rd President of the United States eloquently stated the view this way,
"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual.”
Americans view the law and in particular how the law is interpreted as a matter of their individual freedom, or as Jefferson said the rights of the individual. Because there are three branches of government no single arm or branch of the government can ever go above the will of the people and take away American’s individual freedom. After all, in the American court system, a person to thought to be innocent until proven guilty, this in essence is the will of the people, our rights exercised through checks and balances in our system. The Chinese on the other hand view the will of people as being exercised through the “people’s democratic dictatorship” which enacted through the legal legislature of the NPCSC. Their courts do not interpret the laws but merely apply the law according to the facts given them.
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