我国公司法确立董事对第三人责任制度研究

由于董事滥用职权、损害第三人利益的事件不断发生,两大法系国家公司法都规定了董事对第三人责任制度。根据我国的现实情况,我国《公司法》应借鉴两大法系国家董事对第三人责任制度的规定,建构董事对第三人责任制度。     

Preparing the educational interpreter. A survey of sign language interpreter training programs

Despite rapid growth in the field of educational interpreting little is known about the formal training of educational interpreters. This gap in the research is the focus of this study. A questionnaire was sent to the directors of 50 interpreter training programs nationwide asking for information about their course work in educational interpreting and related areas; instruction in signed English systems; and the directors' opinions on certain ethical and professional questions facing the educational interpreter. The results suggest that graduates of interpreter training programs who obtain employment as public school interpreters are not adequately prepared. Training programs provide few courses on the education of deaf children, on the language systems used, and on issues specific to classroom interpreting. The directors of these programs overwhelmingly support the development of guidelines on the educational interpreter's role. They show some support for the "interpreter as tutor" role but are equivocal about the development of a special certification for educational interpreters.     

Teacher misbehaviour: an analysis of disciplinary orders by the General Teaching Council for England

This article presents findings from a documentary analysis of 300 disciplinary orders against teachers from the General Teaching Council (GTC) for England. While the extant literature concerning teacher misbehaviour focuses primarily on pedagogical practice, this article draws on the wider organisational misbehaviour paradigm and views teachers as professional employees rather than just classroom practitioners. As such, teachers are embedded within the complexity of organisational systems, procedures and interrelationships as well as being regulated by professional standards. The analysis found that teachers were disciplined for misbehaviours both internal to the employing school and also activities, primarily criminal, that were external to their employment. The article argues that the professional regulation of teaching, being accountable inside and outside of work and the emotional labour of teaching should define teacher misbehaviour as separate from generic organisational misbehaviour frameworks. Furthermore, it argues that, while the GTC viewed teacher misbehaviour as a product of the individual, organisational contexts are also important antecedents of activities that are considered deviant.     

Administrative Effectiveness in Higher Education: Improving Assessment Procedures

Holding higher education personnel accountable for measurable outcomes is a relatively new phenomenon. Assessing the performance of administrators may well provide needed and appropriate information about the functioning of the university, but it may represent high stakes assessment for individuals; that is, measures of administrative effectiveness may be tied to promotion, salary augmentation, contract renewal, or dismissal. Little previous research exists, however, on the assessment of administrators' performance in higher education (Gmelch et al., in press; Seldin, 1988). We develop an evaluation model for assessing and monitoring the effectiveness of academic deans and directors, using generalizability theory (i.e., an approach that focuses on identifying multiple sources of error in performance assessment) as a basis for developing more accurate assessment procedures. We illustrate this approach using faculty and staff assessments of their deans' leadership effectiveness. We also provide guidelines for improving the quality of assessments by adjusting various aspects of the evaluation model.     

At home,song, and fika – portraits of Swedish choral initiatives amidst the refugee crisis

ABSTRACT

With the unprecedented worldwide refugee crisis, to what extent can music play a role in welcoming? In particular, how does choral music have a role in mobilising communities, generating intercultural understanding, and lifting some of the barriers that confront refugees and asylum seekers? How can such activity be seen as a benefit to the welcomers rather than only the outsider others? The purpose of this paper, therefore, is to study how selected Swedish choral directors seek to include refugees into their choirs or musical groups. Additionally, the study seeks to understand how such efforts at inclusion are received, understood, and enacted. In other words, ‘What does it mean to refugees to sing choral music in a Swedish context, how is this perceived by the Swedish musical leaders, and how is this contextualized against Swedish government policy?’ We interview five Swedish choral directors and use the data to dig deeper into the multilayered and complex matter of welcoming refugees through community music. We contend that the work of these choral directors, as genuine acts of goodwill, is a powerful way to welcome new arrivals. However, the medium of the Western European choir may be culturally remote for refugees, and these initiatives may need new models of community music engagement.     

An examination of school accountability from the perspective of Singapore school leaders

School accountability is such a familiar concept in many education systems that questions about what it actually means and entails are rather uncommon, especially to busy practitioners on the ground. This paper reports a research that examines each of the questions of what and to whom Singapore schools are accountable, from the point of practitioners holding leadership positions in Singapore schools. This research was a qualitative study with a sample of 36 vice-principals. This analysis was enriched and interpreted with a literature-based discussion, which pointed out the implications of the research findings. According to the findings, the participants felt that Singapore schools were accountable for students’ holistic development; site, funding and staff management; national survival and nation building; and humanity and the future. Singapore schools were accountable to students, parents, country and citizens, and themselves. Interestingly, for a system that was reputed for its academic achievement, none of the participants mentioned examination results directly but referred to the importance of holistic education. The findings also suggested an inseparability of the concepts ‘accountability’ and ‘responsibility’ in the participants’ minds.     

Child care program directors: What skills do they need? Results of a statewide survey

Experienced child care directors (N=217) were asked to prioritize the skills that would be essential for a novice director to have. The duties were arranged into categories that included fiscal responsibility, personnel management, physical space management, overseeing the children's program, monitoring health and safety, supervising meals and meeting nutritional needs, working with parents, marketing the program, and program evaluation. The directors who responded were all from Minnesota. They felt it was essential to meet state licensing requirements as the first priority. They offered suggestions to beginning directors in each category. They found on-the-job training and having a mentor were helpful in learning the director's role. The author recommended that licensing requirements for directors be examined since many states' minimum standards do not reflect the administrative skills those in the field consider essential for this responsible position.     

Responses of schools to accountability systems using multiple measures: the case of New York City elementary schools

Many studies point to potential unintended consequences of accountability systems such as when schools narrow their teaching to fixate on tested subjects. As a result, some states and districts in the USA have complemented the federal test-based accountability system with additional measures of educational practices to hold schools accountable on multiple measures. To explore the consequences of such systems, this study focuses on the responses of nine elementary schools to a multiple-measure accountability system in New York City, including high-stakes tests and quality reviews. While some schools showed broader improvement efforts, results suggest the state test remains the dominant measure in driving responses of schools, and in some cases, the quality review further reinforces the schools' focus on the test.     

中美董事会的权力制约与保护机制对比分析

在现代公司治理结构制度中,公司依靠股东会、董事会、经理层三者制衡关系实现利益最大化。在这一结构中,董事会发挥着举足轻重的作用。美国在确立董事会中心主义的基础上,创立了一整套对董事权力的制约与保护制度。不同的法律及现实决定了中国公司中董事会的地位和权力不同于国外。针对中国董事会权力制度存在的不足,应进一步通过完善选举和考核制度提高董事会质量、提高公司信息披露质量、完善对董事会权力的监督机制、建立对董事会权力独立性的保护制度等措施不断完善中国的董事会权力制约与保护机制。     

The challenges of leadership in a connected education environment

Abstract

Deans and directors of education in the United States are being asked to position their schools, colleges and departments of education (SCDE) for teaching and learning in the twenty-first century. A key question related to this effort is ‘How is the unit going to utilize current and emerging technologies as an integral part of their planning for instructional and managerial problems? ’ If deans and directors are to answer this question in an innovative way, at least two things must happen. First, they must understand their role as institutional technology leaders. Second, they must engage faculty, staff, and students in the careful exploration of three critical questions: 1. How does the SCDE create and maintain a technology infrastructure to support innovative instruction and program delivery? 2. How can the SCDE prepare faculty, staff, and students to teach and learn in a connected learning environment? And, 3. How best can the SCDE deliver programs in this new environment? This article describes why deans and directors must be leaders if technology is to be a part of the renewal process, discusses the issues related to each of the three questions, and provides a series of questions for deans and directors to stimulate discussion and planning efforts     

论《劳动合同法》中"欠薪支付令"制度的完善

<劳动合同法>实施已近3年时间,当初被很多学者认为该法最大亮点之一的"欠薪支付"制度并没有发挥出人们所期待的应有功能.所谓的"欠薪支付令"几乎成为"鸡肋制度"——用之无利、弃之可惜.究其主要原因是<劳动合同法>在引入<民事诉讼法>上支付令制度时,并没有对该制度固有的缺陷加以改造.文章在分析"欠薪支付令"制度在适用方面障碍的基础上,对如何完善该制度提出了一些具体措施.     

Accountability and Student Learning

Holding teachers accountable for other people's (students) behavior is inappropriate policy that results in ineffective teaching, diminished enthusiasm for learning, and lower levels of achievement. There are both legal and psychological reasons for this. Making teachers responsible for students' behavior absolves students of responsibility for their own actions and develops an externalized locus of control in students that leads to teacher control and student dependence. Because every person is accountable for his or her own behavior but not for what other people do, teachers must be held accountable for what they do as teachers but not for what their students do as learners. Students are responsible for their own learning.     

我国收入差距问题研究

我国收入差距扩大,已对社会构成威胁.城乡居民之间,城市和农村居民内部之间,地区之间,差距已接近或超过国际警戒线.造成这种不合理状况的原因,是体制不健全,新的阶层分化,贪官敛财.缩小差距的对策,应是深化体制改革,规范市场秩序,钳制权力寻租,确保大多数人收入的增长.     

The Answer Is Readiness—Now What Is the Question?

Although readiness is often posed as the answer in early childhood education, there is typically confusion about exactly what question this complex term responds to. In this article, I explore common uses of the term readiness, examine their theoretical and empirical problems, and suggest a more synthetic conception that merges attention to the child, the school, and the community. I argue that readiness is an ethical responsibility we have to children that encompasses coordinated systems of early care and education and receptive schools that are developmental, inclusive, and accountable to all.     

我国上市公司独立董事治理体系经验性解析

独立董事是董事会治理体系的有机组成部分。我国独立董事制度尚处于起步阶段。独立董事治理体系分为独立董事聘任、独立董事激励、独立董事尽职与独立董事行为四个要素。经验性的研究揭示了独立董事机制的微观机理,从而为我国上市公司独立董事制度的完善提供了策略性的指导。     

Value Choice and System Enlightenment of the U.S.Business Judgment Rule

Through analyzing theories and legislative cases in respect of Business Judgment Rule in American justice systems with the com parison method,this article reveals that the business judgment system is conducive to the protection of rights and interests of the directors in decision making,and enables the court to avoid the substantive review on business management in an effective manner;at the same time,in view of the blanks and deficiencies in the legislation of China in the "Company Law" and other relevant laws,it is recommended that the Business Judgment Rule be introduced into China and the legislation in respect of director accountability be strengthened,while the direc tors fiduciary duty and other supporting systems be improved,with the reference of the U.S.practice,to clarify the legal boundary between rights and responsibilities of directors.     

Learning from Coursework in English and Geography

As an element of high stakes assessment, coursework was originally intended to raise the validity of the assessment process and to enhance the learning of students. In recent years, this purpose has been distorted by the increasing requirements for educational institutions to demonstrate standards and to be accountable. This small, ESRC-funded study used in-depth qualitative approaches to explore the nature and processes of learning from coursework in national examinations undertaken by 16 year-old students. Among other things, it probed the extent to which qualities such as independent learning, critical thinking and creativity were developed through coursework. The research found that, while the practice underpinning coursework had the capacity to support deeper and more independent learning, the pressures of achieving good grades mediated against all pupils reaching the optimum level of higher order thinking.     

How Communities Can Use Research to Hold School Systems Accountable

This article examines how community organizations can use research to identify community education interests and influence school systems to serve those interests. A case study of the Southeast Education Task Force in Baltimore, Maryland, analyzes the organization's efforts to develop a school facility plan and persuade the school system to adopt and implement it. The organization combined formal research on school facilities, political research on allies and decision-makers, and informal collection of local knowledge. It used this research to develop short-term and long-range facility and capital improvement plans. With the research, the organization persuaded the school system to repair school facilities and assisted the system in persuading State decision-makers to approve a new neighborhood school. The article identifies conditions under which community organizations are likely to conduct and use research, as well as conditions under which they may use research influentially with a school system. The case illustrates ways community organizations can use research to hold school systems accountable for responding to community agendas.     

谈教育局长的领导力及其提升策略

教育局长是我国区域教育行政管理的基本领导群体,其领导行为直接影响着区域教育发展的内涵与进程。按照权变领导理论框架,教育局长的领导力与教育局长的工作情境直接相关。由于教育局长的工作情境具体由教育局、政府和学校系统三个开放的工作系统构成,因此,教育局长的领导力呈现出三维结构,即行政领导力、政治领导力和教育领导力。相应地,教育局长要提升领导力,应该从三个维度入手:领导领导者,有效提升教育局长的政治领导力;认识教育组织特征,有效提升教育局长的教育领导力;发展组织文化,提升教育局长领导的有效性。     

百名教育局长德育观念调查分析报告

利用问卷调查方式,对百名教育局长——这一特殊群体的德育观念进行了比较系统的调查。调查结果显示：一方面,大部分教育局长基本认同德育首位的观点,对德育问题比较关注,对当前市场经济条件下国民道德素质基本上持积极肯定的态度。另一方面,本次调查也显示出,部分教育局长的德育观念有待更新。