Thursday, January 30, 2020

Chinese Foreign Policy Essay Example for Free

Chinese Foreign Policy Essay Specific portfolio. (See â€Å"Collective Leadership.†) To ensure Party control, the top-ranked members of the PSC serve concurrently as the heads of other parts of the political system. The top ranked PSC member, Party General Secretary Hu Jintao, for example, serves concurrently as head of the military, in his capacity as head of Chairman of the Central Military Commission, and as the head of State, in his capacity as State President. The second-ranked PSC member, Wu Bangguo, serves as Chairman of the National People’s Congress (NPC), while the third-ranked PSC member, Wen Jiabao, serves as Premier of the State Council, and the fourth-ranked member, Jia Qinglin, heads the Chinese People’s Political Consultative Conference (CPPCC) and oversees the Party’s relations with non-Communist groups. Portfolios for other PSC members include the propaganda system; management of the Party bureaucracy and Hong Kong and Macau; finance and economics; Party discipline; and the internal security system. 32 PSC members also head Party â€Å"Leading Small Groups† (LSGs) for their policy areas. LSGs are secretive bodies intended to facilitate cross-agency coordination in implementation of Politburo Standing Committee decisions. The National Security Leading Small Group and the Foreign Affairs Leading Small Group, for example, are both headed by Party General Secretary Hu Jintao. The next highest decision-making body is the full Politburo, which, with the suspension of the disgraced former Chongqing Party Secretary, Bo Xilai, now comprises 24 officials. In addition to the nine members of the PSC, Politburo members include the heads of major departments of the Party bureaucracy, the two highest ranking officers in the Chinese military, State Council Vice Premiers, a State Councilor, and Party leaders from important cities and provinces. The current Politburo has only one female member. Because of its relatively unwieldy size and the geographic diversity of its members, the full Politburo is not involved in day-to-day decision-making. In 2011, it met eight times, with its meetings often focused on a single major policy area or on preparations for major national meetings. According to the Party’s constitution, the PSC and Politburo derive their power from the Central Committee, whose full and alternate members together â€Å"elect† the Politburo, Politburo Standing Committee, and Party General Secretary, and â€Å"decide† on the composition of the Party’s Central Military Commission.34 In practice, incumbent top officials provide a list of nominees to the Central Committee, which ratifies the leadership’s nominees.35 The current nearly 400-member Central Committee (including alternates) is made up of leaders from the provinces (41.5%), central ministries (22.6%), the military (17.5 %), central Party organizations (5.9%), and stateowned enterprises, educational institutions, â€Å"mass organizations† such as the Communist Youth League, and other constituencies (12.4%). The National People’s Congress (NPC) The third major political institution in China is the National People’s Congress (NPC), China’s unicameral national legislature. According to Article 57 of China’s constitution, the NPC is â€Å"the highest organ of state power.† The Constitution tasks the NPC with overseeing the Presidency, the State Council, the State Central Military Commission, the Supreme People’s Court, and China’s national level public prosecutor’s office, the Supreme People’s Procuratorate. In practice, however, the NPC’s powers are severely limited, and the entire entity operates under the leadership of the Communist Party. The public theater of the NPC’s work is centered around its ten-day-long annual full session, held every March and attended by all of the NPC’s nearly 3,000 deputies. The next full session, in March 2013, will mark the start of a new five-year Congress, and is expected to approve a major leadership transition, including a new President and Premier, and new Vice Premiers and State Councilors. At the annual full sessions, NPC deputies almost always vote to approve the reports, laws, and candidates put before them, usually by overwhelming margins, leading many observers to describe the NPC as a â€Å"rubber stamp† parliament. NPC delegates do occasionally push back, however. At the March 2012 session of the NPC, for example, a record 20% of deputies withheld their support from the Ministry of Finance’s budget report, reportedly in protest over the Ministry’s longstanding refusal to accept any NPC suggestions for revisions to the budget.47 (Unlike the U.S. Congress, the National People’s Congress does not pass spending bills. Rather, at the annual full session each year, it votes to approve the budget presented by the Minister of Finance.) The NPC also makes revisions to the Premier’s annual report on the work of the government, the State’s most important policy document. Out of the public eye, individual committees and the Standing Committee exercise more meaningful influence. They shape legislation and can exercise a degree of oversight over government entities through â€Å"inspection† visits and committee reports. The power of individual NPC deputies to exercise oversight is largely restricted to the right to submit â€Å"proposals† advocating for reforms or demanding better implementation of laws or regulations, to which officials are required to respond in writing. Because the annual full session of the congress is so brief, much of the NPC’s work is undertaken by its approximately 175-member Standing Committee, which meets about half a dozen times a year.48 Other important NPC bodies include nine specialized committees and a legislative affairs work committee, all of which review and revise draft legislation before sending it to the Standing Committee or the full Congress for action. Like the State Council, the NPC has a Party organization embedded within it. The NPC’s chairman serves on the Politburo Standing Committee and is currently the Party’s number-two ranked official. NPC deputies are not directly elected. The Communist Party draws up lists of nominees, based in part on potential nominees’ perceived loyalty to the Party. Thirty-five electoral units, most of them provincial-level People’s Congresses, then vote upon the Party’s nominees. The process is modestly competitive in that the Party nominates 20% to 50% more candidates than available positions and those with the most votes are elected to serve as NPC deputies. NPC election rules stipulate quotas for the representation of ethnic minority groups, the military, women, and other groups, including the Party itself. Because China rejects any separation of powers, the President, Premier, and other top leaders are all NPC deputies. 49 Deputies serve for five-year terms. The NPC is the uppermost layer of a nation-wide system of People’s Congresses. These congresses are loosely linked together in process and function. Only deputies for the lowest level of People’s Congresses are directly elected. Traditionally, even at the lowest level, candidate lists are controlled by the Party, and elections are uncontested. Since 2011, however, China has seen a wave of independent candidates contesting elections for People’s Congresses in city districts and townships. Most such candidates have faced forms of official harassment, including intrusive surveillance, extra-legal detention, intimidation of their supporters, and election irregularities designed to keep them from appearing on ballots, but some have succeeded in being elected to office. Corruption Corruption in China is widespread and takes many forms, from lavish gifts and expensive meals bestowed on officials by those seeking favors, to bribes explicitly offered in exchange for permits and approvals, to embezzlement of state funds, exemption of friends and relatives from enforcement of laws and regulations, and the appointment of relatives to lucrative jobs in stateowned companies. A 2011 report released by China’s Central Bank estimated that from the mid- 1990s to 2008, corrupt officials who fled overseas took with them $120 billion in stolen funds.28 The CCP uses its Central Discipline Inspection Commission (CDIC) to police its own ranks for corruption, an arrangement fraught with conflicts of interest. As noted above, the Party metes out its own punishments for wrongdoing by its members, and has sole discretion about whether to hand members over to the state judiciary for investigation and possible prosecution. (See â€Å"Weak Rule of Law and Ineffective Policy Implementation and Enforcement.†) Critics charge that CDIC investigations are frequently politically motivated, even if they uncover real wrongdoing. Officials who keep on the right side of their superiors and colleagues may engage in large-scale corruption, while other officials may be investigated for lesser infractions because they have fallen afoul of powerful officials.

Wednesday, January 22, 2020

The Trial in To Kill A Mockingbird by Harper Lee :: Kill Mockingbird essays

The Trial in To Kill a Mockingbird The trial of Tom takes up a great deal of space in the novel because it gives Harper Lee a chance to do an in-depth exploration of characters and situations. The people involved in the case are Bob and Mayella Ewell, Tom Robinson and Atticus Finch. The alleged rape of Mayella by Tom allows Harper Lee to look in detail at issues of racial and social prejudice in Maycomb. Bob Ewell is the villain of the novel and, as a result of the trial, he tries to get revenge on Atticus and his family. In the trial itself he is revealed as a very unpleasant character. We learn that he drinks and sometimes leaves his family for days, he is violent and he may even be committing incest with Mayella. Atticus establishes that he is left-handed and that Mayella was probably beaten up by a left-handed man - it seems that he, and not Tom Robinson, beat up Mayella after he saw Mayella trying to kiss Tom. Bob therefore lies during the trial and is prepared to sacrifice the life of an innocent man for the sake of his daughter's reputation. His unpleasant behaviour during the trial and his assumption that everybody will be on his side against a black man convince the reader that he is a thoroughly unpleasant character. Mayella Ewing also lies in court but for different reasons to her father. She is the only responsible member of one of the poorest families in Maycomb. She looks after herself and her brothers and sisters and even tries to bring some beauty into their lives by growing geraniums. Her family is so poor that white people will have nothing to do with her and, at that time, it was not possible for her to be friendly with black people. Scout calls her "the loneliest person in the world". Tom Robinson passed her house every day on his way to work and, according to Scout, he was probably the only person who was ever nice to her. Tom's evidence at the trial shows that she had planned to make a pass at him for a long time. It took her nearly a year to save enough money to send all her brothers and sisters into town to get ice creams.

Tuesday, January 14, 2020

Quebect Court – Employee VS Employer

The appellant city hired a temporary employee through a personnel agency to work for 6 weeks as a receptionist and then for 18 weeks as a clerk. During the two work assignments, the employee's wages were determined and paid by the agency, which submitted an Invoice to the city. The employee performed her work under the direction and supervision of a manager working for the city, The general working conditions, such as hours of work, breaks and statutory holidays, were dictated by the city.If the employee had not been qualified or had experienced problems in adapting, the city would have informed the agency, which would have taken the appropriate action. The respondent union, which holds the certification certificate for most of the city employees, submitted a request to the office of the labor commissioner general under s. 39 of the Labor Code seeking, inter alai, to have the temporary employee included in the union's bargaining unit.The labor commissioner found that the city was the employee's real employer during the two assignments and granted the union's request. On appeal, the Labor Court affirmed the decision. It acknowledged that the agency recruited, assigned positions to, evaluated, disciplined and paid the temporary employees, but concluded that the city as the real employer by focusing on the question of which party had control over the temporary employee's working conditions and the performance of her work.The Labor Court also noted that there was a relationship of legal subordination between the city and the employee because the city managers directed and supervised how she did her day-to-day work. The Superior Court dismissed the motion in evocation brought by the city, finding that the Labor Court's decision was not patently unreasonable. The Court of Appeal affirmed that Judgment in a majority decision. Held (Lurker's-Dub © J. Assenting): The appeal should be dismissed. Per Lamer C. J. And La Forest, Ignition and Core J. To determine whether t he Labor Court's decision is patently unreasonable, it must be asked whether the decision was based on the evidence adduced and whether the Labor Court's interpretation of the legislative provisions was patently unreasonable. The Labor Code provides few indications of how to determine the real employer in a tripartite relationship, and the definitions of the terms â€Å"employer† and â€Å"employee† found in the Code have had to be interpreted by specialized administrative tribunals.To identify the real employer in a tripartite relationship, a comprehensive approach must be taken. The criterion of legal subordination, which basically encompasses the notion of actual control by a party over the employees day-to-day work, and the criterion of Integration Into the a context of collective relations governed by the Labor Code, it is essential that temporary employees be able to bargain with the party that exercises the greatest control over all aspects of their work?and not only over the supervision of their day-to-day work.Moreover, when there is a certain splitting of the employer's identity n the context of a tripartite relationship, a comprehensive approach has the advantage of allowing for a consideration of which party has the most control over all aspects of the work on the specific facts of each case. This approach requires a consideration of the factors relevant to the employer-employee relationship, including: the selection process, hiring, training, discipline, evaluation, supervision, assignment of duties, remuneration and integration into the business.Here, the Labor Court used a comprehensive approach by not basing its decision solely on the criterion of legal subordination. It certainly gave greater probative value to working conditions and the criterion of legal subordination, but it also considered other factors that define the employer-employee relationship, such as the role of the agency and the city with respect to remuneration and discipline, and the specific facts of the employee's case. Nor did the Labor Court ignore the agency's role in recruiting, training and evaluating the employee.However, it Justified giving predominant weight to working conditions and the legal subordination test by relying on the ultimate objective of the Labor Code. The purpose of certification is to promote bargaining between the employer and the union in order to determine the employees' working conditions. According to the Labor Court, those conditions are â€Å"essential aspects of an employee's experience†. The reasoning of the Labor Court, a highly specialized agency that has expertise in labor law and is protected by a privative clause, was not patently unreasonable.The Labor Court's conclusion that the city was the employee's employer for the purposes of the Labor Code does not lead too patently unreasonable result. The applicability of the city collective agreement to the employee during her assignments does not ra ise any major difficulties. Moreover, although the agency was the employee's employer for the purposes of the Act respecting labor standards, no inconsistency can be found in the application of the Code and that Act.Each of the labor statutes has a distinct object and its provisions must be interpreted on the basis of their specific purpose. Moreover, this case relates to provisions of the Labor Code, specifically whether the Labor Court's decision was patently unreasonable, and not to the Act respecting labor standards. The arrangement is not perfect. However, the relationship in question here is not a traditional bipartite relationship, but a tripartite one in which one party is the employee and the other two share the usual attributes of an employer.In such a situation, it is thus natural that labor legislation designed to govern bipartite After an analysis of the facts, the legislation and the cases, there is a basis for the Labor Court's decision in the Labor Code and the evide nce, and it is therefore not patently unreasonable. Per Lurker's-Dub © J. (dissenting): Given the Labor Court's exclusive and peccadillo Jurisdiction to determine whether an employee should be included in a bargaining unit, as well as the privative clause in the Labor Code, a reviewing court may only intervene if the Labor Court's decision is patently unreasonable.While a high degree of deference is warranted in reviewing the Labor Court's decision, if such a decision fundamentally contradicts the underlying principles and intended outcomes of the enabling legislation and interferes with the effective implementation of other statutes which support and protect employees, intervention by the reviewing court is in order. Here, the Labor Court was asked to interpret the â€Å"employer-employee relationship† within the scope of the Code's regime governing certification and the collective bargaining process in the context of a tripartite arrangement.The modern rule of statutory i nterpretation holds, inter alai, that a court must adopt an interpretation that is appropriate in terms of its acceptability ? namely, the reasonableness of its outcome. Where an administrative tribunal contrives an absurd interpretation, it commits an error of law that warrants Judicial intervention pursuant to any standard of review.

Monday, January 6, 2020

A Brief Note On Healthcare And Health Care - 1016 Words

Ethics in Healthcare Confidentiality is one major responsibility that health care givers are required to uphold in their healthcare service. The health care providers are expected to keep the information on their patient’s health private in any case. However, there are some instances where they are allowed to reveal this information with the consent of the patients or not. Due to the revolution in technology health care confidentiality faces a huge threat. This is because it is now easy for anyone to hack into a health care institution’s system and retrieve this information. However, this problem is being dealt with by the new measure taken to curb cyber-crime globally. Patient confidentiality is so delicate that even good willing relatives of an individual cannot be allowed to be given this confidential information unless with the consent of the individual. 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