智謀制勝

Abstract：Shang Yang made preparations for the reform focusing on two aspects. On one hand， he communicated and negotiated with Duke Xiao(the governor of State Qin) three times and gained Duke Xiao’s support and trust. On the other hand， Shang Yang and Duke Xiao collaborated to negotiate with the conservatives and cleared off obstructions. This essay concentrates on the strategies and tactics of which took advantage by Shang Yang. In the end， there is some consideration about the reform performed by Wang Anshi and the ongoing reform from 1978.

Key words：Shang Yang integrative negotiation strategy reform

Introduction

Shang Yang， also called Wei Yang， was both a prominent statesman in the Warring States period and a famous representative of the Legalist School.

In the year 361BC， the ambitious Duke Xiao(秦孝公) was enthroned in the frontier state Qin. Duke Xiao issued decrees calling for persons of wisdom. Shang Yang was attracted and moved to the Qin State. A legion of experts think highly of the policies which laid the foundation of the prosperity of State Qin， others regard Shang Yang as the culprit of tyranny. However， people barely notice how Shang Yang endeavored to pave way for the New Bill.

In this essay， we define the negotiation as an integrative one on account of the collaborative mission of promoting the whole State even though the whole negotiation is complicated.

Analysis of the negotiations

Three attempts —talks with Duke Xiao

1、Figuring out the Duke’s intention—to throw a stone testing the waters

Shang Yang understood that if his blueprint did not accord with the Duke’s.， the negotiation would become meaningless， as a saying goes”Send the right message to the very person.”(錯其人，勿與語) Shang Yang address the “Wang Dao” and “Ru Jia” policies to the Duke and other ministers. The Duke was nearly bored to asleep and even waved his sleeve walking away without a single word. According to the response given by Duke Xiao， Shang Yang deduced that the Duke wanted to promote the State at an accelerated pace and neither the two styles are preferable because they are suitable for the circumstance in Qin State. The State was weakened by the law of jungle over the years. Shang Yang was also informed that the Duke had no interest in the policy of “Mo Jia” and “Dao Jia.” Utilizing this strategy， ShangYang had the idea that he was in consensus with the Duke on the governing law. It is this strategy that is fundamental for the next step of reform.

2、Surmounting anticipation

This strategy requires an abruptly altered approach or attitude and it usually yields an unexpected harvest.

After giving too much disappointment to the Duke， Shang Yang opened up his speech by launching the issues that take the top priority in the Duke’s mind. He gave the convincing explanation to the disadvantages embedded in the State: the River Wei did not play out its potential as a channel; the farmers were not motivated to make full use of the land; the law adhered to the established ones; the soldiers were not in good condition. In addition， he analyzed the defect of the reform of forerunners: Wei， Qi， Han， Chu. The elaborate opinion and the incomparable vision of Shang Yang won the Duke’s admiration thus having an effect beyond anticipation.

3、Roundabout and guidance: two key tactics

Shang Yang disappointed the Duke twice and then abruptly conveyed his real thoughts. This tactic allowed the Duke to increase approval experiencing the transition point during the negotiation.

Guidance played an essential role in the whole process. This tactic stands for the approach in which negotiators utilize the beneficial factors that accord with the other’s situation. If the counterpart urgently needs success， the negotiator may easily take advantage of this psychological weakness. Chances are good he acquires more from the negotiation. The Duke regard the development of the state an imperative task. After knowing this， Shang Yang used tactics to make his suggestions cherished by the Duke， gaining trust and approval at the same time.

The negotiation acted as the basis of the corporation of the Duke and Shang Yang. The new bill with concrete support induced the glory of the Qin State.

Tit for tat——the negotiation between Shang Yang and the conservatives

1、Citing precedent lessons——combating with stubborn ones

The perspectives of conservatives can be altered but with difficulty. This strategy enhances the rationality of the new scheme or the drawbacks of the old one.

Shang Yang cited a host of historical precedents. He mentioned that the Emperor Wen and Emperor Wu of Zhou Dynasty build new orders according to the situation. Breaking through old laws was a blessing for the prosperity of Shang and Zhou. On the contrary， the lack of edited laws gave rise to the downfall of Qin from the Duke Mu (秦穆公) although Bai Lixi(百里奚) led Qin state to its resurgence. To make Qin State an wealthy and powerful one， a sage does not model himself on antiquity and does not adhere to the established rites. Instead， he would jump out of the box and draw a blueprint suitable to the state. The citing left the ministers dumb. Then， Shang Yang struck while iron is hot and pointed out the three existing shortcoming Qin State confronted with.

2、Defense works as attack——combating with stubborn ones

From the very beginning， Shang Yang was attacked by various kinds of contradictions. He remained calm and patient， listening and spotting the leak. He then organized to strike back aiming at those leaks. He analyzed the doubt of the conservatives: the aristocrats were still the core of the army and the state. In fact， the aristocrats struggled on an equal basis with the soldiers for the sake of the state every time warfare distracted the state. The aristocrat had the history and chance in the future to build feats. Their status would be safe as long as they cooperate with the reform. Under motivation， the soldiers would put their heart and soul into fighting. This was a win-win solution. Also， the ministers in power temporarily would not be dismissed or demoted. This strategy buffered the whole negotiation.

3、Good Cop/Bad Cop

This strategy depends on both mild and tough roles. During the negotiation， the Duke and Shang Yang utilized Good cop/Bad cop twice.

The Duke Xiao played the role of Good Cop. He never indicated his inclination. Yet， Shang Yang scolded the conservative policies toughly， acting as Bad Cop. Here， Shang Yang was an weapon to suppress all the conservatives.

When the negotiation fell into a deadlock， this strategy came into use again. The third party-the biological brother of the Duke Xiao， General YingQian(贏虔) took part in. Ying Qian was known for his selflessness and iron hand. YingQian withdrew his sword and yelled at the conservatives and successfully played the part of Bad Cop. Therefore， the conservatives surrendered without reasonable excuse under threaten.

Conclusion

Any negotiation is not stay unchangeable and there is not a universal strategy for all negotiations. Shang Yang provided us with a compound type of ”KongFu.” Moreover， Shang Yang mastered the secret of negotiation that is being flexible.

The reform performed by Wang Anshi(王安石) in Song Dynasty ended up with failure. His policies needs concessions given by the aristocrats and vested interests. However， Wang did not behave like Shang Yang. He failed to negotiate with the conservatives but escaped from them. Besides， there is no law related to the political reform and the reallocation of interest. That is what the key factor affected the reform adversely.

Today’s new China has experienced the reform for more than thirty years. The reform has brought an economic boom to us. The living standard has been raised drastically. Comparing with the reform in Qin State， our reform is performed by the top governor， so there is no need to negotiate with a governor like the Duke Xiao. Negotiating with the vested interest is especially important because any reform has an effect on vested interest. When Deng Xiaoping put forward the policy to abolish the lifelong leadership， he must have met with countless opposition. He set an good example to all other ministers according to the policy. In the mid 1980s， Deng found that the political reform lagged behind the economic reform too much. However， each time the central party wanted to make a move， enormous obstructions surged. The arduous problem kept suspended. So， increasing the communication and negotiation with those conservatives is pressing.

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