Chapter 349: The Law Doesn't Solve All Problems
Cao Weiqing accompanied Vice Governor Li to take the nearest flight back to Beihe.
The three representatives of Beihua Pharmaceutical were accompanied by a special police officer and took Zhang Lin's Infiniti to Jiangcheng overnight. With only one month to go until the Brooklyn District Court sentencing, every second counts to get a better outcome.
After an afternoon of auditing, Xiao Chenyu basically figured out the ins and outs, helped clean up the table, sat down and said indignantly: "The US court is too bullying, and the Ministry of Commerce has presented written materials to clarify three times, but they have ignored it, which is disrespectful to the Chinese government." ”
The total revenue is only tens of millions of yuan, but it may be awarded hundreds of millions of dollars by the US court, and it is normal for her to have this opinion.
Han Jun nodded slightly, and said seductively: "What role the government should play in business activities is indeed a problem in China. The secretary of the Jiangcheng City Party Committee, who has just been investigated by the Central Commission for Discipline Inspection, is a very representative example. During his tenure as mayor and secretary of the municipal party committee of another city, he vigorously promoted the photovoltaic industry, sparing no effort to expand blindly for the sake of GDP, without considering the potential risks of doing so.
After being investigated by the United States and Europe, the entire industry fell into a trough, leaving a mess that hurt enterprises, employees, and banks. It turns out that he was offside, and in this case, the Ministry of Commerce was also offside, at least it can be regarded as careless. ”
"Professor, what do you mean by that?"
Han Jun took a sip of water and patiently explained: "In 2001, when China had just joined the WTO, its export products were sold at low prices, and foreign countries began to launch anti-dumping investigations. To avoid anti-dumping charges. The medical insurance chamber of commerce has implemented the management of export preparation and approval for 36 industries, including vitamin C production enterprises.
That is, the state coordinates and controls the price of export products. Only those who meet the requirements can be exported. But under U.S. law, the Chinese government's control of exports is price collusion. Other words. They only take into account anti-dumping but not anti-monopoly, and in the final analysis, they still do not understand the rules of the WTO game and still have a weak sense of law. ”
Xiao Chenyu stopped talking, and Han Jun continued: "You may think that the court's possible verdict will be very heavy and unfair. In fact, Beihua Pharmaceutical had hired an economist from the United States to calculate the amount of damage, and the final amount calculated was very different from the figure proposed by the plaintiff.
But it should be noted that before that, Japanese companies were sentenced to a much heavier, a billion dollars. What is the concept? Therefore, domestic judicial practice cannot be used to measure foreign judgments. If it were calculated like in China, the New York City government would only need to pay hundreds of thousands of yuan in Professor Xu's case. If it happened in China, there would not even be a penny to lose, but the other party finally lost 3.2 million US dollars, equivalent to more than 20 million yuan. ”
When something happens to the Americans, they often claim millions or even tens of millions of dollars, which really cannot be compared.
Xia Moqing is more familiar with the case of Professor China v. New York City Government, and is not particularly surprised that the US court may award a sky-high fine, but asks with a puzzled face: "Director." I just can't figure it out, the other three have reconciled, why Beihua Pharmaceutical didn't reconcile, why did it get into the current situation. ”
"There are three reasons. The first is that it is not taken seriously, the second is that it is reluctant to spend money, and the third is that it thinks that it has the support of the government. Like the mineral water seller, he tried to politicize the commercial dispute. It's just that luck isn't as good as others. met two plaintiffs who were determined to fight the lawsuit to the end. ”
This is the first anti-monopoly case encountered by a Chinese company, and the amount involved is so high. Zhang Lin hugged Yaoyao. Worriedly asked, "Han Jun, how sure are you?" ”
Han Jun didn't answer her question directly, but asked her daughter with a smile: "Baby, have you read John Grisham's novel?" ”
Yaoyao smiled proudly: "Daddy, I'm a member of the Chris family, and in addition to Kelly's history books, there are only old George's law books and law novels at home." Not only have I watched John Grisham's "Super Lobbyist", but I have also seen the movie of the same name directed by Coppola. ”
"Tell mom about the plot."
"No problem."
Yaoyao sorted out her thoughts and said, "Mrs. Black has taken out family health insurance for her 17-year-old sons, Donnie and Lonnie, at Dali Life Insurance Company. When Downey needed a bone marrow transplant, the insurance company refused to pay the medical bills under various excuses, which delayed Downey's treatment.
Rudy, who had just graduated from law school, was the protagonist out of righteous indignation, resolutely served as the defense lawyer for the Black family, and fought wits and courage with the financially powerful insurance company and the experienced litigators inside and outside the courtroom, and went through various threats, temptations and hardships and twists and turns, and finally won the lawsuit, but the insurance company suddenly declared bankruptcy, and the plaintiff and Rudy did not get a penny. ”
Han Jun stroked his daughter's little face and said with a meaningful smile: "Art comes from life, and it is not uncommon to win a lawsuit but not get the money, and in this case, the plaintiff should take into account this potential risk, so we have a great chance of winning." ”
Bai Xiaoqian was not ruthless at one or two points, the lion opened his mouth and asked Beihua Pharmaceutical for 560 yuan in lawyer fees. Earn so much money in a month, and other expenses incurred during the period still have to be borne by others. If the reconciliation fails, I really don't know how they will explain to the leaders of Bac Ha Province.
The more Xia Moqing thought about it, the more worried he became, and asked cautiously: "Director, the key is to convince the other party that Beihua Pharmaceutical intends to be lazy." ”
"Without diamonds, without porcelain work, this kind of trivial matter can be settled by Erin, and I don't need to worry about it."
"Erin?"
"Americans are easy to deceive, as long as they can find a way."
Yaoyao was not happy, and suddenly exclaimed, "Daddy! ”
"I'm sorry baby, I mean the plaintiff is a good liar. Of course, it is not a good habit to deceive people, but for the benefit of customers, in order for such a large enterprise not to go bankrupt, so many workers will not lose their jobs, dad can only deceive in good faith. ”
The daughter was skeptical, and Professor Han emphasized: "It is absolutely benevolent, and the same is true for the plaintiff." Because Dad's client simply can't pay the sky-high fine, instead of forcing a company to withdraw from the U.S. market, it is better to settle out of court than to get a penny, and it is better to take $10 million or two in compensation. ”
"Well, maybe you're right."
"It's very right, if my father is a judge, he is undoubtedly the fairest judge in the world, and there is no one."
Yaoyao was happy, shook his arm and giggled: "Dad, don't be so confident, old George doesn't dare to say that, but I believe you will be very fair." ”
"Thank you."
Parents are the best teachers for children, Zhang Lin didn't want her daughter to learn from him, so she immediately got up and said, "You talk, I'm too hungry, go for a walk." Onions, ginger, want to go? ”
"Of course."
A child is a child, and he will leave as soon as he cheats.
Looking at the backs of the three of them leaving, Han Jun grinned and said, "The same thing, leaked by people with different identities in different ways, will have a different effect." I have just contacted Mr. Liu of the Asian American Development Center, and they will organize a delegation to visit China in the near future, and Beihe will be a real stop, and the delegation will take the Beihua Pharmaceutical case as an important topic when the provincial leaders meet.
At the same time, senior financial journalists from mainstream media outlets such as the BBC and the Washington Post, as well as some influential independent writers, will receive some inside information about the case, and this information will be confirmed in China. Beihua Pharmaceutical is a listed company, and should respect the opinions of shareholders and can do an exclusive interview.
Beihe will also launch a series of measures in a planned and step-by-step manner to create momentum. The Chinese media in the United States have followed up, which has led to more mainstream media, hype, you know, and when the plaintiff's shareholders can't sit still, this matter is basically done. ”
The Asian American Development Center is an influential center in the United States dedicated to helping Asian American businesses enter the mainstream U.S. business market, increase competitive advantage, expand business opportunities, and increase recognition of Asian American entrepreneurs' contributions to the overall economic development.
In addition, the Asian American Business Development Center educates and inspires Asian-American entrepreneurs to take more proactive action on U.S. federal, state, and municipal public policies. As a result, minorities are given equal rights in business, government and private institutions.
Many U.S. dignitaries, including the secretary of state, attended events organized by the Asian-American Center, and after 911, Manhattan's Chinatown was badly damaged. The Asian American Center has actively partnered with New York City and state governments to create the Financial Assistance Center and the Chinatown Tourism Promotion Program to provide financial and business assistance to Asian small and medium-sized businesses.
The news they leaked will be very shocking, and it is indeed much more effective than Beihua Pharmaceutical's own criticism.
Xiao Chenyu reacted and couldn't help asking, "Professor, will this affect the country's image?" ”
"Image, does China have an image in the United States? A lot of disagreements are irreconcilable, and no matter what you do, people won't say hello. Like the smugglers who have applied for political asylum, they should really be grateful to the government, and if it weren't for the cooperation of the Chinese government, especially the family planning and religious departments, several would have successfully applied for it. ”
"You...... Are you trying to lose less money by slandering the country's image? ”
Why didn't this woman's brain turn, Professor Han was made ridiculous, and had to patiently explain: "This is a world where the weak eat the strong, and if you want others to respect you, only you can be strong." If China has dozens of aircraft carriers, more advanced weapons and equipment than the United States, and the common people live a better life than the American people, they will naturally respect you and say hello.
In this case, losing less money comes first. As for the image, the image is worth a few bucks. And this is a very normal business behavior, Beihua Pharmaceutical defaults, and there are companies in the United States that rely on debts. So the law can't solve all problems, whether it's China or the United States. (To be continued......)