{"title":"插科打诨:学习中国古代合同谈判","authors":"Emma Hsu","doi":"10.1163/15718069-bja10056","DOIUrl":null,"url":null,"abstract":"\n This article examines contract negotiations in ancient China and then addresses how they have changed in modern China. First, the broad societal contexts of these two eras are examined and compared, as well as their legal systems. This is followed by a discussion of the court system and how middlemen can be leveraged as a “golden bridge” in forming agreements. The analysis contends that despite a comprehensive legal system, the best approach to negotiate with Chinese counterparts nowadays is to leverage its tradition of using middlemen to insert personal relationships that connect private agreements to public adherence. The role of the middlemen has neglected benefits that warrant reconceptualization as Chinese negotiation practices seep into modern international systems.","PeriodicalId":45224,"journal":{"name":"International Negotiation-A Journal of Theory and Practice","volume":" ","pages":""},"PeriodicalIF":0.9000,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Cutting in the Middleman: Learning from Ancient Chinese Contract Negotiation\",\"authors\":\"Emma Hsu\",\"doi\":\"10.1163/15718069-bja10056\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n This article examines contract negotiations in ancient China and then addresses how they have changed in modern China. First, the broad societal contexts of these two eras are examined and compared, as well as their legal systems. This is followed by a discussion of the court system and how middlemen can be leveraged as a “golden bridge” in forming agreements. The analysis contends that despite a comprehensive legal system, the best approach to negotiate with Chinese counterparts nowadays is to leverage its tradition of using middlemen to insert personal relationships that connect private agreements to public adherence. The role of the middlemen has neglected benefits that warrant reconceptualization as Chinese negotiation practices seep into modern international systems.\",\"PeriodicalId\":45224,\"journal\":{\"name\":\"International Negotiation-A Journal of Theory and Practice\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2022-04-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Negotiation-A Journal of Theory and Practice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718069-bja10056\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Negotiation-A Journal of Theory and Practice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718069-bja10056","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Cutting in the Middleman: Learning from Ancient Chinese Contract Negotiation
This article examines contract negotiations in ancient China and then addresses how they have changed in modern China. First, the broad societal contexts of these two eras are examined and compared, as well as their legal systems. This is followed by a discussion of the court system and how middlemen can be leveraged as a “golden bridge” in forming agreements. The analysis contends that despite a comprehensive legal system, the best approach to negotiate with Chinese counterparts nowadays is to leverage its tradition of using middlemen to insert personal relationships that connect private agreements to public adherence. The role of the middlemen has neglected benefits that warrant reconceptualization as Chinese negotiation practices seep into modern international systems.
期刊介绍:
International Negotiation: A Journal of Theory and Practice examines negotiation from many perspectives, to explore its theoretical foundations and to promote its practical application. It addresses the processes of negotiation relating to political, security, environmental, ethnic, economic, business, legal, scientific and cultural issues and conflicts among nations, international and regional organisations, multinational corporations and other non-state parties. Conceptually, the Journal confronts the difficult task of developing interdisciplinary theories and models of the negotiation process and its desired outcome.