未成年人缔约能力制度比较研究

缔约能力是民事行为能力在合同法中的体现,未成年人的缔约能力直接影响到其订立的合同的效力。我国目前的法律对这方面的规定比较笼统。文章对德国、英国及美国等典型国家的未成年人缔约能力制度进行了比较分析,在此基础上提出了在立法中完善我国相关制度的具体建议。     

Managing Academics on Short Term Contracts

Over 40 per cent of academic staff in Higher Education and an unspecified number of support and part time staff, are employed on fixed term contracts. This article reports the findings of a study into the experiences of academic staff on such contracts. It argues that temporary employees' contractual status affects their ability to perform effectively and reduces their level of commitment to the organisation. It considers the implication of these findings and argues that while some of the factors which have prompted the use of temporary contracts may lie beyond the control of Higher Education institutions, universities could reduce their negative effects by reviewing the way in which temporary staff, who now make up almost half of the academic population, are managed.     

解析契约正义的演进——兼论强制缔约的产生

契约正义是契约法律的基本理念,通过对其发展过程的了解,可以明晰契约法发展理念的变迁,进而洞悉其未来的发展方向。现代契约法以表现为契约自由的规制,体现根本的契约正义。强制缔约就是在这一前提下诞生的。本文分析了强制缔约的内涵,及与契约正义的联系,以期对其有一个根本的认识。     

论大学生法治观养成的目标

培养大学生法治观既是高校思想政治教育的目标之一,也是以法育人的重要内容。大学生法治观的养成,应以信仰法律、服从法律、人权观、守法观、平等观、契约意识、申诉意识和诉讼意识为其基本目标构成,并将这些目标加以有机整合。     

高校学生管理合同初探

高校学生管理合同是高校学生管理工作的新形式，它是一种既具有行政合同性质又具有民事合同性质的特殊合同。签订学生管理合同要遵循合法、平等、协商一致的原则。合同的内容要体现以人为本、以学生为本的现代教育理念。     

Who is missing from higher education?

This paper discusses the difficulties of establishing a clear count of UK higher education students in terms of the categories used for widening participation, such as occupational background or ethnicity. Using some of the best and most complete data available, such as the annual figures from the Higher Education Statistics Agency, the paper then establishes that there is little evidence of a simple consistent pattern of under‐representation within these categories, except perhaps for men and students of white ethnicity. However, once prior qualifications are taken into account there is no evidence that potential students are unfairly and disproportionately denied access to higher education in terms of occupation, ethnicity, sex or disability. This has important implications for what we mean by widening participation in higher education and how we might achieve it.     

企业的资本结构、治理结构和融资模式比较

世界各国的金融体系按融资结构的不同通常被分成两种：一种是市场主导型金融体系，另一种是银行主导型金融体系。不完全契约理论认为，融资结构不同，是因为在不同的法律环境中，微观个体所面临的约束条件不同，因此在企业的资本结构和治理结构所作出的融资决策不同。金融中介在一定意义上可以代替法律体系，在脆弱的法律体系中，银行等金融中介会变得更加重要。     

Universities’ attractiveness to students: The Darwinism effect

Due to significant government cuts to Higher Education funding in Southern European systems, their already underfunded universities were forced to increasingly compete for students as sources of additional revenue. Concurrently, families and students that continued to afford participation in Higher Education became more selective when choosing a university, realising the riskier investment that Higher Education participation had become. Through a competing destinations model and relying on all Italian private and public universities, this study finds that the competition forces characterising universities’ attractiveness over the last decade have changed since the financial crisis of 2008. In a context of lower demand for Higher Education, the competition for students grew and universities in close proximity were better prepared to face the new challenges, leading to the growth of Higher Education clusters.     

高等教育学学科研究：反思与批判

文章对高等教育学学科研究的四个问题进行了反思与批判。这四个问题是：高等教育学的学科性质是什么?库恩的范式理论是判断学科合法性的标准吗?高等教育学独立的研究方法是必需的吗?如何认识高等教育学是学科和高等教育是研究领域?     

Goal setting and behavior contracting for students with emotional and behavioral difficulties: Analysis of daily,weekly, and total goal attainment

Goal setting and behavior contracting were combined for students with emotional and behavioral difficulties in a public elementary school. Attainment for daily, weekly, and total contract goals were analyzed over 5 years across 43 special education students. Goal setting involved goal specificity, goal difficulty, goal acceptance, and performance feedback. Behavior contracts involved a main goal, target behavior, recording, feedback, and reward contingency. Contracts focused on low-frequency behaviors to be increased (e.g., cooperation), or high-frequency behaviors to be decreased (e.g., aggression). Mean completion time for contracts was 6.4 weeks. Results indicated high and consistent attainment percentages for daily (75%), weekly (72%), and total (86%) contract goals. Findings suggest that the motivational aspects of behavior contracting and goal setting may combine to produce maximum success for students with emotional and behavioral difficulties. Limitations and implications are discussed. © 1996 John Wiley & Sons, Inc.     

敦煌写本吐蕃文雇工契P.T.12974探析

敦煌写本吐蕃文雇工契(P.T.12974)为探究吐蕃文契约的样貌及其雇佣关系的性质提供了弥足珍贵的实物资料。本件吐蕃文雇工契与同期汉文雇工契相比较,在文书格式上保持独立特色的同时,更多地承袭了汉文契的模式;在雇佣关系方面契约双方地位较为平等,基本上是以役力换取粮食,属于帮工性质。     

缔约过失责任法律问题新论

缔约过失责任应产生于要约生效之时,在特殊情况下,在要约邀请之时也会发生缔约过失责任,其应止于合同生效之时,而不是合同成立之时。缔约过失责任的适用范围除了已被广泛认同的合同的不成立、无效和被撤销外,还应适用于部分合同有效的场合。缔约过失责任的损害赔偿范围应仅限于信赖利益,且不包括信赖利益中的消极损害,并且不能以履行利益为上限。     

论高校签约的法律风险防范

防范合同法律风险是高校依法治校的重要内容,签约阶段的风险是合同法律风险的起点和根源。鉴于高校签约阶段的风险特点,应当从完善制度、规范文本、加强签约主体及签约代表审查入手,从根源上最大限度地预防和减少合同法律风险,维护高校的合法权益。     

论婚姻的契约性

在法律上将婚姻视为契约是可能的。因为现代婚姻具有契约最本质的两大要素:合意和交换。而将婚姻视为契约又是必要的、有意义的。以“婚姻的法律性质是一种民事契约”为原点的婚姻法,能使婚姻关系当事人在契约框架内最大限度地实现自由,而法律又能进行适当地控制。其制度价值在于在契约范围内,让婚姻的社会性和个体性得到平衡。     

‘Supportive’, ‘real’, and ‘low-cost’: implicit comparisons and universal assumptions in the construction of the prospective college-based HE student

This paper first argues for the importance of continued analysis of marketising discourses in Higher Education (HE), both despite and because of their ubiquity. Secondly, the paper looks specifically at college-based HE provision in English Further Education (FE). Using the ‘possible selves’ concept alongside critical discourse analysis, the paper analyses the representations of prospective students on marketing web pages for HE provision in FE colleges. Arguing that the web pages reveal more than just the limited language of HE marketing strategy, the paper highlights common representations of the college-based HE student across policy, research and marketing sources. By exploring both the celebratory and the limiting nature of these representations, the paper therefore asks what the pages’ projections of future or prospective students can tell us about current understandings of English college-based HE.     

Fun and games in higher education: an analysis of UK student perspectives

ABSTRACT

In an increasingly neoliberal Higher Education sector, there is increased pressure on institutions to enhance learner engagement and student satisfaction. Many academics believe that students expect their university learning experiences to be enjoyable, and discourses of game-based learning reflect this, with a dominant narrative highlighting the fun of educational games. Whether students expect learning to be fun or see a relationship between fun and games is under-explored. To address this, we investigated student perceptions of fun in Higher Education using a thematic network analysis based on data from 37 in-depth interviews with undergraduate students. Here, we highlight five themes that encapsulate what students perceive to be a fun learning experience: stimulating pedagogy; lecturer engagement; a safe learning space; shared experience; and a low-stress environment. These aspects are not unique to games, and we conclude by considering the relationship between educational games and fun, and alternative playful approaches.     

论行政执法责任状的性质

在应松年教授主持制订的《行政程序法（试拟稿）》中关于行政合同之规定，实际上蕴涵了内部行政执法责任状是行政合同的可能性，而学界对内部行政执法责任状的性质认识并不一致。内部行政执法责任状是否是行政合同以及应否纳入立法调控视野，必须作具体分析，不能一概而论。在内部行政执法责任状中，有的是行政合同，有的则是借助了合同外形的内部行政命令。     

Developing communities of practice within and outside higher education institutions

Higher education institutions (HEIs) are largely built on the assumption that learning is an individual process best encouraged by explicit teaching that is, on the whole, separated from social engagement with those outside the university community. This perspective has been theoretically challenged by those who argue for a social constructivist learning theory and a more collaborative approach to learning. Information and communication technologies (ICTs) afford lecturers and students an opportunity for extending the boundaries of a learning experience, not merely beyond the lone individual, but beyond the limits of discipline boundaries within a specific university community and beyond the institution into the local community. This paper illustrates how a collaborative effort between lecturers and students from the Computer Science and Education Departments at Rhodes University, teachers from the local community, the provincial Department of Education and a non-governmental organisation developed into an unfolding virtual and physical community of practice which enabled ICT take-up in a number of schools in the Grahamstown District, South Africa. This discussion of what has become known as the e-Yethu project provides an example of how ICTs, underpinned by the insights of social constructivism, the notion of 'community of practice' and in particular Hoadley and Kilner's C4P Framework for Communities of Practice, can serve to help HEIs understand ways in which ICTs can provide opportunities for developing collaborative learning within HEIs, and between the HEI and the local community.     

Performativity and enjoyable learning

This paper takes critical lenses to interpret what students find enjoyable in their learning in specific ‘subject’ environments within the prevailing socio-economic climate in higher education. It considers student dispositions that emerged from dialogues with two groups of students attending a non-traditional university and taking vocational degrees within England, UK. We argue that although each higher education institute can become its own destiny, it can only do so within the boundaries of state policy and its technologies. Higher education, when affected by cultures of ‘performativity’, is arguably focused less on knowledge for ‘emancipation’ and its own sake and more on the ‘use value’ of its products. This paper argues that what is valued by these particular students in their learning and what gives them positive feelings as they engage with this process of learning is not altogether independent of the current governances shaping higher education.     

积极德育理念对高职院校德育工作的启示

当前高职院校的德育工作中存在着重管理轻引导、重说教轻体验、重理论轻实践的问题,受积极心理学内涵及理念的启示,在高职院校中引入积极德育的教育理念有助于培养学生的道德主体意识、提升学生的道德体验认同、增强学生的道德行动意愿,因而对高职院校德育工作的改善有重要意义。