杯酒人生

 

 

 

 

 

4月30日，记者在腾讯QQ会员专区看到腾讯两则招聘启事，该启事称，QQ会员记者团将招聘记者和美工共15名，而给予的工资报酬则是Q币。根据腾讯的声 明，QQ会员记者团隶属腾讯公司QQ会员产品下，负责对腾讯公司QQ会员核心产品的最新动态作及时、公正、全面的报道与传播，以促进客观活跃的用户交流，让更多用户透过记者团更深入的了解腾讯的产品文化。同时，腾讯的招聘启事也提出了对工作人员提出了比较严格的申请要求和工作要求。

而法律界人士则认为，这一招聘行为严重违反国家劳动法。

长安律师事务所律师张瑛表示，腾讯一旦与员工发生雇佣关系，都必须向其支付法定货币，而Q币不是法定货币，因此这一招聘行为严重违法。

《劳动法》第50条规定，工资应当以货币形式按月支付给劳动者本人。不得克扣或者无故拖欠劳动者的工资。同时，《工资支付暂行规定》劳部发[1998]489号认为，工资应当以法定货币支付。不得以实物及有价证券替代货币支付。

另外，张瑛也认为，即便此次招聘的人员很多是兼职的非全日制员工，根据《劳动法》规定，双方也应当订立口头协议，劳动者在同一用人单位一般平均每日工作时间不超过四小时，每周工作时间累计不超过二十四小时的用工形式；不得约定试用期；计酬标准不得低于用人单位所在地人民政府规定的最低小时工资标准。而腾讯的这一招聘的启示，上述原则几乎都不符合。

上海市中汇律师事务所律师游云庭认为，如果腾讯没有将兼职人员的收入缴纳个人所得税，也将造成国家税务损失。他认为，Q币不是法定货币，但能购买一些腾讯公司的增值服务，具有一定的价值，发放Q币可以看成是特殊形式的发放实物。腾讯使用特殊的实物——Q币购买了兼职人员的服务，那么兼职人员还有一个缴纳所得税的问题，腾讯作为实物发放人，在法律上属于代扣义务人，应向相关的税务机关进行申报，为这些兼职人员按照Q币的实际价值交税。

同时,腾讯以Q币代替工资的行为也再次引起了关于“虚拟货币冲击国家金融体系”的争论.

有网友认为,腾讯向兼职员工发放Q币作为报酬,是变相承认Q币是法定货币;腾讯自己构造了一个虚拟王国,而在这个虚拟王国中的虚拟货币却可以成为现实生活中一种等价的报酬,这会对国家的货币和金融体系造成冲击.

2006年,一位叫杨涛的学者在2006年第7期的《法制与新闻》上发表文章称,“Q币等网络虚拟货币一旦与人民币可以兑换,其后果不堪设想.因为如果Q币等虚拟货币商家无限发行,势必会冲击我国的金融秩序.”由此,引起“Q币将冲击国家金融体系”的争论.

但同时, 计世资讯总经理曲晓东则表示,目前不需要对上述事件太过紧张.首先需要搞清楚腾讯的上述招聘行为是集团层面有计划的行为,还是仅仅一个部门的小范围的常识行为.上述现象的影响还需要继续观望。

Olympic Official Calls Protests a ‘Crisis’

By ANDREW JACOBS

Published: April 11, 2008

BEIJING — China faced rare criticism of its human rights record from the head of the International Olympics Committee on Thursday, even as calls for a boycott of the opening ceremony of the Games grew louder in Europe and the United States.

The president of the Olympic committee, Jacques Rogge, called on the authorities in Beijing to respect their “moral engagement” to improve human rights in the months leading up to the Games and to provide the news media with greater access to the country. He also described the protests that have dogged the international Olympics torch relay as a “crisis” for the organization.

Though Mr. Rogge predicted the Games would still be a success, his comments were a sharp departure from previous statements in which he avoided any mention of politics. Beijing quickly rejected his remarks and said they amounted to meddling in its internal affairs.

Meanwhile, pressure increased on world leaders to signal their opposition to China’s policies in Tibet and its close relations with the government of Sudan by skipping the opening ceremony of the Games. The European Parliament urged leaders of its 27 member nations to consider a boycott of the ceremony unless China opens a dialogue with the Dalai Lama, the exiled spiritual leader of Tibet.

In New York, Secretary General Ban Ki-moon of the United Nations informed China that he would not attend the ceremony, a spokeswoman said. An official in Mr. Ban’s office said that he had travel commitments in Europe and Latin America and that he was already scheduled to be in China in July, shortly before the Games.

China’s human rights policies and the Olympics have become a contentious issue in the race for president in the United States, where the three remaining candidates from both parties have called on President Bush, who has plans to attend the Olympics, to skip the opening event.

Senator John McCain, the presumptive Republican nominee, said he would not attend the opening ceremony if he were president, echoing a statement by Senator Hillary Rodham Clinton earlier this week. Senator Barack Obama suggested that Mr. Bush should wait to make a final decision, but leave a boycott “firmly on the table.”

Preparations for the Games were rocked last month when Tibetans staged violent protests against Chinese rule and security forces cracked down on monks and other supporters of the exiled Dalai Lama in parts of Western China. The clashes set off sympathy protests and calls around the world for the boycott. Demonstrators turned the 21-city torch relay into a public relations fiasco for Beijing and the Olympic committee.

The Dalai Lama, in Japan on Thursday, told reporters no one should try to silence the demonstrators protesting Chinese rule in Tibet, and he said, “We are not anti-Chinese.” He added, “Right from the beginning, we supported the Olympic Games.”

Top officials in China have claimed that the Tibetan protests and the international protests are part of a plot to disrupt the Olympics orchestrated by the Dalai Lama, who lives in India. They have called him a splittist and a terrorist whose goal is to separate Tibet from China.

On Thursday, officials also said they had uncovered a plot by Islamic terrorists in the Xinjiang Uighur Autonomous Region to disrupt the Games by kidnapping foreign journalists, athletes and spectators.

The police said they arrested 35 people and confiscated explosives and detonators belonging to a Uighur jihadist group based in Urumqi, the capital of Xinjiang. In the past, officials have announced the discovery of such plots without providing much evidence. Last month, they claimed to have foiled a plan to hijack an airplane and blow up a bus.

While China has faced violent attacks from Muslim groups, unflinching social controls have prevented the emergence of a sustained terrorist threat in the country. Some analysts have suggested that widely publicized discoveries of weapons caches and terrorist plots are part of a larger effort to present domestic unrest as a form of international terrorism that the world should help China suppress.

Speaking before a two-day meeting of the Olympic committee’s executive board in Beijing, Mr. Rogge condemned protesters who have hounded torch bearers in several countries. He said that skirmishes during torch processions in Athens, London, Paris and San Francisco amounted to a crisis, but insisted that they would not derail the six-continent pageant leading up to the Games.

“There is no scenario of interrupting or bringing the torch back to Beijing,” he said.

Even so, he also called on China to honor its pledges to improve human rights and to give foreign journalists unfettered access to all parts of the country.

“We will do our best to have this be realized,” he said of a recent Chinese regulation that guarantees reporters the right to travel to all parts of the country, including Tibet.

Mr. Rogge said he met with Prime Minister Wen Jiabao of China for an hour on Wednesday, but he would not reveal details of their conversation. Mr. Rogge has long avoided criticizing China, saying that pressing the government on Tibet and other issues was likely to backfire.

“China will close itself off from the rest of the world, which, don’t forget, it has done for some 2,000 years,” he said, somewhat exaggerating history, in an interview broadcast Wednesday in his native Belgium.

The Chinese government reacted sharply to Mr. Rogge’s criticism. “I believe I.O.C. officials support the Beijing Olympics and adherence to the Olympic charter of not bringing in any irrelevant political factors,” said Jiang Yu, a Foreign Ministry spokeswoman.

Olympic committee members have been taken aback by the scope and ferocity of the protests, which are marring what has traditionally been a festive event involving 20,000 torch bearers. Although the protests in San Francisco were not as disruptive as in London and Paris, the torch’s sole North American visit was a disappointment to thousands of spectators after the relay route was changed at the last minute.

The committee members who gathered at a hotel in central Beijing offered harsh words for demonstrators who used the relay to publicize issues ranging from Tibetan religious freedom to environmental concerns. Gunilla Lindberg, a vice president of the committee, likened some of the more aggressive protesters to terrorists and said they had emboldened committee members to keep the relay going.

“We will never give into violence,” Ms. Lindberg said. “These are not the friendly demonstrators for a free Tibet, but professional demonstrators, the ones who show up at G-8 conferences to be seen and fight.”

Denis Oswald, a committee member from Switzerland, said those who thought that interrupting the torch relay or the Games would push China to improve its human rights record were wrongheaded and naïve. He noted that it took Europe several centuries to become truly democratic and said that it was unwise to expect China to do the same in a few years.

“We have to give them time, and as long as they’re moving in the right direction we should be patient,” he said. He added that those who disrupt the relay “do not respect the freedom of people who want to enjoy it.”

In announcing the disruption of what they described as a pair of terrorist plots, Chinese officials from the Ministry of Public Security said they had arrested leaders of the East Turkestan Islamic Movement.

The authorities said they had seized 19 explosive devices, almost nine pounds of explosive material, seven detonators, and “nine kinds of raw materials to be used for waging a holy war.” They said the group’s leader had urged his fellow plotters to use “poisonous meat,” “poisonous gas” and remotely controlled explosives.

Giselle Davies, a spokeswoman for the International Olympic Committee, said that the group was unaware of the plot and that it had learned about the arrests only from Chinese television. Still, she said the committee had full confidence that the police would guarantee security at the Games. “We trust very much the authorities will handle that with the right approach,” she said.

Despite the chaos along the torch relay route, Mr. Rogge said he expected the Olympics to proceed without a hitch. He cited the murder of 11 Israeli athletes in Munich in 1972 and boycotts in 1976, 1980 and 1984 as far more disruptive and said he hoped the public would soon focus on the essence of the Olympics: athletic competition and world unity.

“It is a crisis, there is no doubt about that, but the I.O.C. has weathered many bigger storms,” he said.

Asked if he had any regrets about the Games having been awarded to Beijing, Mr. Rogge said China’s bid was not only the best among competing nations, but that he thought it was especially compelling to hold the Games in a country with a fifth of the world’s population. “It is very easy with hindsight to criticize the decision,” he said. “It’s easy to say now that this was not a wise and sound decision.”

　　中国新一届内阁名单昨天出笼。原定担任文化部长的于幼军榜上无名，为改善中国形象立下汗马功劳的国新办主任蔡武出任文化部长；矿难“救火队长”李毅中出任新组建的工业和信息化部部长，在内阁中的地位明显上升，而“黑马”张平出掌发改委，意味着“一部独大”的发改委的权力今后可能被进一步分解。

　　今年55岁的于幼军去年9月从山西省长调任文化部党组书记、副部长，这一安排显然是要于幼军出任文化部长。虽然文化部网站仍将于幼军列为副部长、党组书记，并一直在首页刊登他上月25日在全国文化厅局长会议上的讲话，但于幼军昨天与文化部长无缘，再次引发外界关注这位颇受媒体欢迎的明星级政治人物的命运。

　　59岁的蔡武曾经在北京大学国际关系学院任教，是中国为数不多的真正意义上的学者型官员。在担任国新办主任的几年间，蔡武以开明、开放的姿态应对国际媒体，在突发事件出现后力促政府部门负责人举行记者会说明情况，在一定程度上改善了外界对中国政府的印象。虽然文化部和国新办都属正部级单位，但文化部作为国务院组成部门，不仅在内阁中的地位要高于国新办，所管辖的部门和范围更远胜于国新办。因此，蔡武出掌文化部表明高层充分肯定他在国新办的成绩。

      李毅中出任最有权力部长

　　另一位为政府立下汗马功劳的新任部长是原安全生产监督管理总局局长李毅中。在过去几年里，李毅中往往是最先出现在特大安全事故现场的政府高官，他既要调查事故原因、追究地方官员责任，还要安抚死难者家属，承受舆论指责，被认为是国务院系统中最紧张、最忙碌的部门首长。李毅中出任由原来的国防科工委和信息产业部等实权部门组成的工业和信息化部部长，使他一跃成为国务院最有权力的部长之一。

　　新内阁中最大的“黑马”当属新任发改委主任的张平。62岁的张平2005年8月才从安徽省委副书记调任国家发改委副主任，5个月后接替汪洋出任国务院常务副秘书长，去年10月当选中央委员，昨天又出掌发改委，张平在国务院重要部门之间频繁穿梭，显示出高层对他信任和欣赏。

　　值得一提的是，张平一直保持他在“文革”前获得的中专学历，并没有像一些高官那样学历跟着官位长，去弄一个欲盖弥彰的“假的真学历”。有境外媒体指出，张平的中专学历凸显了他为人的平实，比某些高官的硕士博士学位有更高的含金量。

　　不过也有分析人士指出，名望不大的张平担任发改委主任，可能意味着高层有意改变发改委长期以来“一委独大”的局面，为建立决策权、执行权和监督权“三权分立”的大部制体制创造条件。

　　全国政协副主席、原审计署审计长李金华在今年“两会”上炮轰发改委“儿孙众多”，应该是改革对象，而不应再作为主导改革的部门。
　　另外，新一届内阁名单也透露出5年后中国高层人事安排的某些信息。其中，第一副总理李克强5年后可能接替温家宝出任总理；副总理王岐山和国务委员刘延东将是中共下届政治局常委的热门人选，他俩今后5年的表现将在很大程度上决定他们在下届常委中的分工。相比而言，王岐山的副总理身份已经高于刘延东的国务委员，他将主管的金融和对外经贸也比刘延东将主管的教育卫生更为重要，也更容易出成绩。