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1.
This study investigated an under-explored area in the field of academic practice: the meaning of the complex notion of authenticity in teaching. Combining conceptual with empirical investigation, data included philosophical texts, repertory grid interviews with fifty-five lecturers and students from Law, Physics and English Literature, and fourteen focus groups with forty-six students. Philosophical conceptions were compared to those held by students and lecturers. Qualitative and quantitative analyses of repertory grids revealed differences in experts’/philosophers’ and lay-people’s conceptions of authenticity and additionally showed how lecturers’ and students’ conceptions of authenticity in teaching differed from their conceptions of teaching effectiveness. Focus groups identified linkages between authenticity in teaching and actual teacher actions and attributes that students perceive as being conducive to their learning. The findings enhance the meaning of authenticity, show how it matters in university teaching and offer a hitherto lacking theoretical foundation for further research.  相似文献   

2.
票据抗辩可以表述为:债务人为免除票据载明的支付义务而针对票据的客观真实性、出票行为、背书行为、票据关系人等实体问题以及持票人主张权利的程序问题提出的一切异议的总称。票据抗辩从不同层面和角度可以分为主动抗辩和被动抗辩、程序抗辩和实体抗辩、对人抗辩和对票抗辩、绝对抗辩和相对抗辩。票据的无因性是相对的,即票据基础关系仅限在出票人转让票据时与收票人之间有要求,以及有直接债权债务关系的票据当事人之间有要求。建议对《票据法》第10条作相应的修改。关于票据返还请求权纠纷的管辖问题,存在法律和司法解释的冲突,建议将《规定》中关于票据纠纷管辖问题修改为与《民事诉讼法》第27条一致的规定,或将《规定》第7条修改为:“因票据返还请求权纠纷提起的诉讼,由票据支付地或者被告住所地人民法院管辖;其他非票据权利纠纷提起的诉讼,依法由被告住所地法院管辖。”  相似文献   

3.
The empirical analysis examines differences in salaries and working time of doctorate holders in comparison to graduates with a master or equivalent degree (in Germany, the first university degree is called a “diploma” or “state examination” depending on the field of study. The diploma degree and the state examination are equivalent to a Master’s degree as they typically require a 5 year full time study program. Only recently, after the implementation of the so-called Bologna reform in 1998, have German universities started to introduce Bachelor and Master’s degrees), distinguishing between different fields of study. Human capital theory is used as the theoretical basis for our empirical analysis of a sample from the microcensus (2006) of the German Federal Statistical Office. The results indicate that doctorate holders tend to work longer hours than graduates with a master degree, especially doctorate holders in Economics and Law and the Social Sciences. Moreover, a doctoral degree has a positive effect on the income-situation in nearly all tested fields of study. Graduates from the field of Economics and Law in particular earn comparatively high incomes.  相似文献   

4.
ABSTRACT

Reflective practice is an essential component of experiential learning and is embedded within the curriculum at York Law School, where the undergraduate law programme is delivered using a problem-based learning model. Using qualitative data from a survey of the markers of one of the summative reflective tasks, and Bernstein's evaluative rules as a theoretical frame, this article explores the assessment traps exposed by this type of assessment. Thematic analysis of the markers’ statements introduces ‘reflection’, ‘realignment’ and ‘refraction’ as three of the potential effects of the summative assessment of reflective practice.  相似文献   

5.
民办高校理事会从诞生以来的信托实体至今逐步演化为民办学校的内设机构,从世界范围民办高校发展史看,其发挥了不可估量的作用。《民办教育促进法》在未区分非营利民办高校财产权的情况下,将理事会规定为民办高校的中枢决策主体,此种制度设计造成该法与《民法典》设置的法人类型不能完全对应,给非营利民办高校理事会治理造成了困难。在现实中,非营利民办高校理事会存在权力过于集中、校长治理权无法保障、缺乏监督机制等诸多问题。在未来改革中,应当以办学财产的归属和来源是否是捐赠作为区分非营利民办高校法人性质的标准,形成以理事会为核心、校长独立治校、教职工和党委共同监督的共治格局。  相似文献   

6.
As writing skills have a significant impact on a Law student’s ability to successfully complete assessment tasks, it is important to identify early, and refer to appropriate programs, students likely to benefit from language and writing skills support. This article describes in‐class exercises developed in the Law School at the University of Melbourne to identify students with writing ‘difficulties’. Analysis of students’ first semester results confirmed that the exercises were effective in identifying a group of students who may underachieve. Importantly, in both 2005 and 2006 almost half the first‐year Law students referred to support through the exercises were domestic students. Thus, we caution that English language testing of international students is not sufficient to identify all students likely to need or benefit from support programs. We recommend measures such as the exercises described in this paper as a quick and effective means of screening the entire commencing cohort.  相似文献   

7.
贵州是我国一个少数民族聚集的省份,有着丰富的民族法文化研究资源.徐晓光教授多年来扎根于西南民族地区从事民族习惯法研究,取得了丰硕的成果,由中国政法大学出版社出版的《原生的法——黔东南苗族侗族地区的法人类学调查》是作者最新的研究成果,也是民族法学界的又一部力作.  相似文献   

8.
The concept of ‘lifelong learning’ or shōgai gakushū has rapidly become one of the topmost priorities in Japan’s education policy agenda. This was considerably evident in December 2006 when the term ‘lifelong learning’ was added to Japan’s educational charter, the Fundamental Law of Education. This paper explores, as a means to develop Japan’s new lifelong learning policy, the lessons that can be learnt through an examination of the European countries’ efforts to build a knowledge economy, where lifelong learning is regarded as the key solution in overcoming several important social and economic concerns. In this paper, I first examine the current situation of lifelong learning in Japan, employing the ethnographic data that I have collected since 2001. Second, I provide a brief review of the European lifelong learning policy, which is one of the priority guidelines in the European Union. Under the Lisbon Strategy, for example, the argument on European lifelong learning theoretically centres on developing human capital in order to survive in the global knowledge economy. Lastly, referring to the European experience over the past decade, I propose to directly connect Japan’s latest policy development regarding lifelong learning with the trend of building human capital through lifelong learning in order to enhance its competitiveness in the era of globalisation.  相似文献   

9.
This study addresses the perceived gap between the vision of education reform in Thailand embodied in its Education Reform Law of 1999 and the results of implementation a decade later. Drawing upon opportunistic data obtained from a sample of 162 Thai school principals, we analyze trends in reform implementation across schools in all regions and levels of Thailand’s K-12 education system. The results suggest that a decade following the formal initiation of education reform, changes in teaching and learning, ICT implementation and school management systems have yet to engage the nation’s teachers to a substantial degree. The lack of results is linked to a reform strategy that has emphasized top-down implementation and a cultural predisposition to treat change as an event rather than as a long-term process.  相似文献   

10.
自2008年我国新修正的律师法实施以来,理论界和实务界有关其与刑事诉讼法的冲突及协调问题的探讨从未停止。立足于理论层面和实定法层面对规范性法律文件的位阶规定,在宏观领域构筑共识的基础上,从律师权利义务的微观层面分析刑事诉讼法与律师法在刑事诉讼领域的冲突与协调问题。  相似文献   

11.
An analysis of China’s existing Vocational Education Law finds that it does not focus entirely on human development or career advancement, nor does it fully reflect the special requirements of vocational education. It does not align the obligations, rights, and liabilities of vocational education stakeholders. The law does not specify the government agencies for its supervision and enforcement. Its terminology is neither standardized nor mandatory, resulting in language with uncertain connotations that lacks solemnity. Based on these observations, this article contains suggestions for amending the current Vocational Education Law, to place it on track with China’s guiding ideologies of “putting people first” and “improving the people’s livelihood.” Specific provisions should be included to reflect the special characteristics of vocational education, clarify the obligations, rights, and liabilities of vocational education stakeholders, specify the law’s supervision and enforcement agencies, and provide for an enforcement system. Available legislative technology should be used to make timely amendments to the Vocational Education Law.  相似文献   

12.
《物权法》规定煤炭采矿权是用益物权,基于煤炭资源国家所有的母权产生,参照不动产进行管理。煤炭采矿权应是抵押而不是质押,在抵押内容方面宜将煤炭采矿权与矿井设备及建筑设施一起抵押,以保障抵押权人利益。相应地,在实务操作中可以尝试允许采矿权人在缴纳部分采矿权价款和矿产资源费后即可办理采矿权抵押贷款,并将贷款期限适当延长。煤炭采矿权抵押需到主管部门办理登记手续而不是目前规定的备案手续,和上位法《物权法》保持一致。  相似文献   

13.
The review essay introduces and discusses Wing-Wah Law’s 2019 book Politics, Managerialism and University Governance: Lessons from Hong Kong under China’s rule since 1997, in the context of the position of Hong Kong as a formerly colonised Western enclave within a Sinic political culture, and expands on the associated issues. The book recounts on one hand the rise of managerialism and performativity in Hong Kong’s high quality universities, and on the other their enfolding in demands within the Special Autonomous Region for democratic reforms, tending towards independence from mainland China. Issues of corporatism and issues of political stability and control have coincided in disputes over the role and character of the governing councils, over senior appointments, and in relation to the freedoms of faculty and student activists. The One Country Two Systems formula, while broadly implemented, is not infinitely elastic and cannot manage a cleavage over national identity and loyalty. The differences between China and Hong Kong are more deep-seated than a tally of democratic activism and party-state repression would suggest. They go to the distinction between neo-coloniality and decoloniality and the fundamentals of political culture. The review argues that a wholly Western-style university is no longer fully viable in Hong Kong and ways need to be found to develop a more hybrid approach.  相似文献   

14.
2009年《食品安全法》实施,然而其中有些内容仍不够完善,笔者对此提出四点建议:政府监管要落实权力和责任主体;召回制度要加以细化;重点是要完全实施惩罚性赔偿制度,将"价款10倍"赔偿改为"损害赔偿额"的数倍;最后为保护食品侵权案件的受害人的合法权益,为食品产业平稳升级护航,需推行产品责任强制保险制度。惩罚性赔偿制度和产品责任强制保险制度相辅相成,必须成为本法之亮点,才能使《食品安全法》充分保障消费者的合法权益。  相似文献   

15.
我国《物权法〉第106条对他物权的善意取得做了肯定性规定,同时〈担保法》司法解释第108条也对留置权的善意取得做了具体化的规定。实务中,法条规定显得过于简单,且以肆意牺牲所有权人的权益以保障交易安全,在广泛采用租赁模式运营的民用航空领域对出租方过于苛刻。应当对留置权理论中的“善意取得”和“同一法律关系”进行合理分析和重新定位,以符合实践之需要。  相似文献   

16.
Difficulties in learning Ohm’s Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm’s Law and its practical applications. This suggestion comes from an analysis of the history of the law’s discovery and its teaching. The historical materials this paper provides can also help teacher to improve students’ insights into the nature of science.  相似文献   

17.
Given its stance against organised religion, it is perhaps not surprising that Philip Pullman’s award-winning trilogy His Dark Materials has, alongside the plaudits and praise, invited controversy and debate. Jacobs (The Weekly Standard, 2000), for instance, views the “anti-Christian” theme in Pullman’s work as both misleading and dishonest, whilst Hitchens (The Mail on Sunday, 2002) denounces it as atheistic “propaganda.” Of central concern to these critics, and others, is the impact of Pullman’s heretical understandings on impressionable young readers. I would suggest that such concern implies a somewhat questionable homogenisation of young readers, and fails to recognise the empowering potential residing in Pullman’s text. Indeed, by drawing on Mikhail Bakhtin’s theory of “carnival,” a literary mode which subverts official culture through laughter and role reversals, it can be argued that far from indoctrinating the reader or promoting uncontested atheistic understandings, the heretical disruptions and inversions in Pullman’s religious theme encourage an altogether more positive and plural response.  相似文献   

18.
Undergraduate programs across the country are working to develop students as scholars, integrating independent scholarly experiences into traditional undergraduate classroom environments (see, e.g. George Mason University's Students as Scholars Quality Enhancement Plan; Boston University’s Undergraduate Research Opportunities Program; University of Houston’s Learning through Discovery; University of Michigan’s Undergraduate Research Opportunity Program; etc.). Scholars and universities have touted the benefits of engaging students in research experiences for students as well as faculty. However, there is little empirical work exploring how undergraduate students adapt to their new role as scholars. In this paper, we explore the process of students integrating research into their undergraduate classroom experience. Based on participant observation and pre and postsemester survey data, we discuss the process of students learning as scholars in a capstone Criminology, Law & Society course. We focus on how students gathered and analyzed data and integrated their research experience into their overall learning for the course. We find the process of research reinforces the learning objectives of the course.  相似文献   

19.
According to Fanny Law Fan Chiu-fun, the former Permanent Secretary for Education and Manpower, the most significant education policy in recent years in Hong Kong was undoubtedly the new academic structure commonly known as “334.” As schools, universities, and the community at large seemed to accept the new academic structure in principle, the areas of contention would mostly lie in the timing and details. Sparked by the suicides of two teachers, a wave of unprecedented protests and opposition against the government’s education policy followed, which led to the departure of the former Permanent Secretary for Education and Manpower Fanny Law Fan Chiu-fun and the Secretary for Education and Manpower Arthur Li Kwok- cheung from the education portfolio. This situation suggests that something was wrong with the teachers’ working environment. This article aims to make sense of these discursive events through a critical discourse analysis of the “334” education policy with materials taken from documents, speeches, and press releases published by the government as well as newspaper articles drawn from South China Morning Post, which is a rich source of contested ideas. An eclectic approach is drawn from both “state-centered” and “policy cycle” perspectives synthesized and adopted for this article. Upon this contested terrain in which individual policy actors struggle to achieve the desired political outcomes, the intention of this article is to explore how the state and other interest groups acted, reacted, and interacted in the policy processes of the 334 Education Reform.  相似文献   

20.
我国《民法通则》和《合伙企业法》都对合伙财产作出了规定,但对合伙财产的法律性质均采取了回避态度。本文从探究共有的两种形态入手,结合各国对合伙企业财产法律性质的规定的法律沿革和我国的相关法律规定,对合伙财产法律性质作了一定的界定。  相似文献   

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