3.7.2 Differences In Legal Deciousness
7.2 Differences in legal consciousness
According to the Chinese cultural tradition under the HC background, one’s inventions should selflessly serve the community, shared with the entire community. The inventor was recognized by the whole society and satisfied with this recognition. This kind of traditional culture has caused the sharing of knowledge, formed a sharing society, which is regarded as a social virtue.
However, this social virtue is challenged by Western material culture. People from LC culture believes that everything is a commodity, technology is a commodity, knowledge is a commodity, the right to be composed of technology and knowledge is also a commodity. Under the conditions of market economy, all of these must be affirmed …show more content…
For Americans, the contract is usually the end of the negotiation, but for Chinese people, it may be the beginning of a new stage of bilateral relations. In the high context communication, the contract can be regarded as the framework of the development of the bilateral relations, but for the low context communication, a contract means the unalterable commitments and profits which the two sides agreed to fulfill. Americans always want to include all items which can solve the problems might occur in the future, but Chinese negotiators think that it is not necessary to catch up several words because the two sides can discuss and cooperate again to adapt to new situations if something unexpected …show more content…
People from the HC culture, such as China, think highly of the difference of status, so Chinese negotiators can only act within the limited authority and final decision is usually made by those superior leadership who have not participated in the negotiations. So the decision-making is top-down.
The same with the Chinese negotiation delegation in the Sino-US IPR negotiation, what they did is first to report to the higher authority and then followed their instructions and finally made decisions through collective consultation.
On the contrary, as a typical low context culture country, the United States belongs to the culture of low power distance. The concept of equality is deeply rooted, and there are a variety of laws to ensure and protect the legitimate rights and interests of individuals, creating a strong and prominent individual consciousness. During the negotiations, the United States highlight the role of the individual, with designating one person solely responsible for it and make the final decision. Therefore, the way of decision-making is bottom-top. (Yang Lingli, 2013: 124) As previously mentioned, the United States Representative Office, maintained a tough attitude. The reason is that they have the authority of the president with formidable power in the
According to the Chinese cultural tradition under the HC background, one’s inventions should selflessly serve the community, shared with the entire community. The inventor was recognized by the whole society and satisfied with this recognition. This kind of traditional culture has caused the sharing of knowledge, formed a sharing society, which is regarded as a social virtue.
However, this social virtue is challenged by Western material culture. People from LC culture believes that everything is a commodity, technology is a commodity, knowledge is a commodity, the right to be composed of technology and knowledge is also a commodity. Under the conditions of market economy, all of these must be affirmed …show more content…
For Americans, the contract is usually the end of the negotiation, but for Chinese people, it may be the beginning of a new stage of bilateral relations. In the high context communication, the contract can be regarded as the framework of the development of the bilateral relations, but for the low context communication, a contract means the unalterable commitments and profits which the two sides agreed to fulfill. Americans always want to include all items which can solve the problems might occur in the future, but Chinese negotiators think that it is not necessary to catch up several words because the two sides can discuss and cooperate again to adapt to new situations if something unexpected …show more content…
People from the HC culture, such as China, think highly of the difference of status, so Chinese negotiators can only act within the limited authority and final decision is usually made by those superior leadership who have not participated in the negotiations. So the decision-making is top-down.
The same with the Chinese negotiation delegation in the Sino-US IPR negotiation, what they did is first to report to the higher authority and then followed their instructions and finally made decisions through collective consultation.
On the contrary, as a typical low context culture country, the United States belongs to the culture of low power distance. The concept of equality is deeply rooted, and there are a variety of laws to ensure and protect the legitimate rights and interests of individuals, creating a strong and prominent individual consciousness. During the negotiations, the United States highlight the role of the individual, with designating one person solely responsible for it and make the final decision. Therefore, the way of decision-making is bottom-top. (Yang Lingli, 2013: 124) As previously mentioned, the United States Representative Office, maintained a tough attitude. The reason is that they have the authority of the president with formidable power in the