Greedy Buyers Beware

June 8, 2010

The China Law Blog posted a piece about China Product Beyond Your Worst Nightmare and pointed out that in China there are levels of quality five levels below anything you would think possible and for Chinese manufacturers those levels are normal.

For that reason, Dan, who posted the piece, blames US companies that have problems with the quality of Chinese manufactured products for failing to be specific in the contract’s language.

drywall disaster

One example used in the piece was about the tainted Chinese drywall that has been in the US news.  When the defect was discovered, the Chinese drywall manufacturer urged the U.S. customer, Banner Supply, to sell the drywall in other countries—not in the US.  Depositions unsealed Friday by a Florida court judge in Miami-Dade County shows that the US company refused the offer.

US companies that sign these flawed contracts are probably drooling at the low prices and imagined profits and stagger off giggling in a daze at all the money to be made. Greed for flawed products is the blinding motive. I understand because we had a problem with a greedy US contractor over an addition to our California house that had nothing to do with China. We ended up firing him and no addition was built.

Learn more—see China’s Labor Laws

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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China’s Labor Laws

April 29, 2010

The “China Law Blog” compared China’s employment laws to those of the United States. Reading this post was a revelation, because I did not know that Chinese workers had more job protection than U.S. workers did.  I wondered how this came about.

The reason came about due to the transition from state controlled to private owned businesses.  Since 1978, when China implemented its open-door policy, the country went from no privately owned small businesses to more than 10 million small to medium-sized private enterprises that represent about 90 percent of all businesses.

Waiting for a bus after a day’s work.

Prior to this transition, state workers didn’t have to worry about a job. Once the transition began, significant numbers of workers started losing jobs. Since China’s constitution says the government’s role is to serve the people, the government changed the laws to make it more difficult to fire a worker offering better job protection.

“China’s employment law system is quite different from the U.S. The main difference is that the U.S. is an employment at will system, which means you can terminate employees at any time for pretty much any reason. China’s system is the opposite. The Chinese system is a contract employment system. … An employee can only be terminated for cause and cause must be clearly proved. … This whole situation makes the employment relationship and the employment documents much more adversarial than is customary in the U.S.” Source: China Law Blog

Discover China’s Health Care During Mao’s Time

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Lloyd Lofthouse is the award-winning author of My Splendid Concubine [3rd edition]. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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Blending the Law

April 21, 2010

The legal system in the United States comes primarily from English Common Law (influenced by Roman law and Greek teachings). English Common Law is a system based on the principle that the rulings made by the King’s courts were according to the common custom of the realm. Common law is grounded in precedent and local tradition stressing community and individualism.

Is Justice Blind?

Legalism, the foundation of Chinese law, emphasizes the need for order above all other human concerns. The founder of the Legalistic school was Hsün Tzu (312–230 BC). He believed that humans are inherently evil and inclined toward criminal and selfish behavior. Since morality does not exist in nature and humans are part of nature, the only way to control behavior was through habit and harsh punishment. Without this, the result would be conflict and social disorder.

Even though both Confucianism and Legalism called for tradition and governmental control, the difference between the two is that Confucius (551–479 BC) advocated ruling benevolently by example. Both theories still play an important role in the cultural and legal development of China.

However, the legal system in the People’s Republic of China is currently undergoing gradual reform since international trade and globalization are influencing changes. What is evolving is a blending of English Common Law and Legalism.

Here is a good Blog to learn how to navigate through China’s legal system: http://www.chinalawblog.com/
See “China Law and Justice System” http://wp.me/pN4pY-hH

Sources used for this post:


The First Emperor: The Man Who Made China – Part 6/9

April 21, 2010

The totalitarian philosophy in the new Chinese empire was called legalism. There are rules that govern every part of every citizen’s daily life with the punishment spelled out. Physical punishment could mean mutilation. For example, if two are caught having sex, they will be beheaded. Every aspect of private life is part of Qin law.

In 220 BC, Emperor Qin Shi Huangdi goes on an inspection tour of his empire.  With the major wars over, millions of troops are put to work finishing the Great Wall of China to stop the nomadic tribes to the north from raiding into China, which they have done for centuries.

The Great Wall of China is the greatest engineering project of the ancient world. It is thirty feet high and more than three thousand miles long. At one point, over a million people are working on the wall and about a quarter of them will die.

The emperor makes more demands. He sends hundreds of thousands to build a tomb that fits his rank as the first divine emperor of China. The burial mound, larger than the largest pyramid in China, is at the center of an above ground and underground city. His tomb is made of bronze surrounded by mercury rivers and oceans.

Recently, using ground penetrating radar and other instruments, a three dimensional model is built of the underground complex.

Go to Part 7 for the Man Who Made China or return to Part 5

View as Single Page

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Lloyd Lofthouse is the award-winning author of My Splendid Concubine [3rd edition]. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

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Dictatorship Defined

April 7, 2010

There is so much misleading information on the Internet and from the Western media regarding China that it boggles the mind. For example, China’s President is listed as a dictator but by definition, he cannot be a dictator.

Dictatorship: 1) government by a ruler who has complete power 2) a country that is ruled by one person who has complete power (source: Longman Advanced American Dictionary)

Chinese Constitution: Article 1

Article 1. The People’s Republic of China is a socialist state under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants. The socialist system is the basic system of the People’s Republic of China. Sabotage of the socialist system by any organization or individual is prohibited. Source: Chinese Constitution

I asked my wife, “How can China use the term dictatorship in Article 1 if China isn’t ruled by a dictator?”

She replied, “In Chinese, ‘people’s democratic dictatorship‘ means the people have the power. It’s a translation error.”

I then Googled dictatorship and discovered Parade’s Annual list of…the World’s 10 Worst Dictators.

Parade’s definition of a dictator says, “A ‘dictator‘ is a head of state who exercises arbitrary authority over the lives of his citizens and who cannot be removed from power through legal means.” Hu Jintao, China’s president, was number six on Parade’s list, but the claims used to include Hu Jintao are wrong.

Presidents Hu Jintao and George Bush

For example, Parade claims that at least 400,000 residents of Beijing were forcibly evicted from their houses prior to the 2008 Olympics. That’s not true—the people sent from Beijing before the 2008 Olympics was transient labor and did not have residence cards and could not own property in Beijing. They were not legal residents and many transient laborers in China rent rooms shared with others in a communal environment crowded with bunk beds crammed in every possible space—like a military barracks. I know, because I’ve seen places like this in Shanghai. I also learned that the government paid for the transportation costs.

The reason Beijing sent those people away was because some were from Tibet and Xinjiang and may have been separatists, who might have staged protests to embarrass China—something the Chinese government avoids like the plague. The truth is, those people were sent home to their villages and were allowed to return to work after the Beijing Olympics. For them, it was like a vacation. Most also return to their villages during the Chinese New Year to be with their families because that’s where their homes are.

Since the Chinese Constitution rules China, Hu Jintao does not exercise arbitrary authority over the lives of his citizens. In fact, I doubt if he makes any legal decisions since the Chinese Constitution puts that power in the hands of China’s legal system. Discover more at China Law and Justice System

Parade is also wrong that China’s president cannot be removed from power through legal means.

Article 79 says, “The term of office of the President and Vice-President of the People’s Republic of China is the same as that of the National People’s Congress, and they shall serve no more than two consecutive terms.”

Article 59. The National People’s Congress is composed of deputies elected by the provinces, autonomous regions and municipalities directly under the Central Government, and by the armed forces.

Article 63. The National People’s Congress has the power to recall or remove from office the following persons:

(1) The President and the Vice-President of the People’s Republic of China;

(2) The Premier, Vice-Premiers, State Councillors, Ministers in charge of Ministries or Commissions and the Auditor-General and the Secretary-General of the State Council;

(3) The Chairman of the Central Military Commission and others on the commission;

(4) The President of the Supreme People’s Court; and

(5) The Procurator-General of the Supreme People’s Procuratorate.

Discover Stereotypes and/or The Failure of Multiculturalism in the United States

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Lloyd Lofthouse is the award-winning author of The Concubine Saga. When you love a Chinese woman, you marry her family and culture too. This is the love story Sir Robert Hart did not want the world to discover.

To subscribe to “iLook China”, look for the “Subscribe” button at the top of the screen in the menu bar, click on it then follow directions.