我国教育法律纠纷问题研究综述

教育法律纠纷问题是近年教育研究领域的一个热点问题。文章对当前该问题的研究成果进行初步梳理,发现众多研究主要采用调查法、文献法、案例法、比较法等从宏观上梳理教育法律纠纷的概念、特征、类型、原因、对策,并在微观上对纠纷所涉及的具体类型做一定探讨,提供了宏观脉络与微观理路分析的基本框架。但教育法律纠纷是一个复杂的、多元的、动态的问题,已有研究仍存在一些不足。今后应对教育法律纠纷(或学校法律纠纷)概念的内涵与外延的界定进一步明确和统一,需要把握好学校法律纠纷相较于其他法律纠纷的特殊性特点和发展的内在规律,需加强域内外的、不同层级的、不同类型法律关系中的教育纠纷的比较研究以及国内外解决法律纠纷在制度、程序、方式等方面的比较研究,需从法学、教育学、管理学等多学科以及学校、教育行政部门、司法部门等多部门的角度研究共同建立解决纠纷的策略。     

农村纠纷解决之困境及对策

分析了农村纠纷解决的困境及其原因,提出了使农村纠纷及时有效解决的相关对策,认为应大力加强法制与道德的宣传教育,建立完善的农村多元化纠纷解决机制,只有合理、高效地解决好农村纠纷才能实现农村社会的和谐发展。     

Due process in gifted education

Twenty‐eight states and the District of Columbia currently provide due process for gifted students. When parents or administrators cannot settle a dispute at the local school board level, some states by law and/or regulation offer aggrieved parties the right to mediation or due process. Seven states reported holding 26 due process hearings during the years 1992–1995. This article examines these due process hearings describing the types of issues involved and the outcomes of the hearings. The authors report that disparate issues are handled in due process hearings, and they conclude that due process hearings are an inexpensive and relatively expeditious way to resolve disputes in gifted education in comparison to going to court.     

MEAs贸易条款与WTO相关规则的冲突及协调

伴随着MEAs贸易条款的产生,WTO的一些已经为传统法学所认可的规则,受到了强劲冲击。通过对其表现及其成因加以分析可以发现,在现阶段解决冲突的前提是在两大规则体系之间建立良好的合作机制,具体的做法包括在协商一致的基础上尽量利用WTO的争端解决机制解决可能发生的争端,在咖下的贸易与环境议题也应当引入国际合作原则和公平责任原则,从长远的角度看,建立统一的国际性环境协议是解决冲突的未来之路。     

Is there still a need for gifted education? An examination of current research

What recent research has been conducted about gifted and talented students and their learning experiences in school? As we complete the first decade of the new century we are entering a time when much attention is focused on remediation and test preparation; it only seems appropriate to reflect upon what has been learned about gifted education during the last few decades and consider the compelling evidence that may or may not support special services for gifted and talented. Consensus on which research themes and studies should be included in this type of examination would difficult to reach, but we have identified six important themes that are discussed in the article. This review of research strongly suggests that the need for gifted education programs remains critical during the current time period in American education when our nation's creative productivity is being challenged by European and Asian nations.     

试论我国教育仲裁制度的法制化构建

教育仲裁作为一种具有公正性、专业性和效益性的纠纷解决机制,以其所具有的成本低廉、程序简便、专业性强等优势顺应了教育纠纷解决的需要,是建立和完善我国多元化教育法律救济体系的重要内容。通过对教育仲裁制度进行价值分析和国外仲裁性教育纠纷解决机制进行比较研究,对我国实践中教育仲裁制度的构建和教育法律关系主体的权利保障将有所裨益。     

Policy and practice in gifted education

The main purpose of this study was to investigate how policy has become practice in the area of gifted education in the New South Wales government school system. In general, it was a heuristic study of the articulation of policy and practice. A conceptual framework applied to the policy process was used to consider the extent to which the policy intent was realised. At each level of the policy process perceptions and practice were revealed through interviews, documents, content analyses and, in addition, at the school level, through questionnaires as part of a case study approach. The study clarified and gave validity to general assumptions in the areas of policy-making and gifted education. Findings showed that providing for gifted and talented children was not a priority, was not systematic and was not routine. Specifics were lacking through the policy process, resulting in the ad hoc nature of provision for gifted children which varied according to individual initiatives. As the then Minister for Education saw it, the situation was ‘a pepper pot of exciting activities alongside inaction (Metherell 1989).     

A lamp for Diogenes: Leadership giftedness and moral education

Science education for the gifted should be modeled upon the professional scientist's approach to solving problems.     

论我国小额消费纠纷的解决机制

在我国小额消费纠纷已成为一种大量发生的诉讼现象,应当根据此类纠纷的特点,借鉴国外的有益经验,建立行之有效的小额消费者纠纷解决机制,包括给予和解或调解协议必要的法律约束力;赋予行政执法机关行政裁决权;建立专门的消费争议仲裁制度;设立小额诉讼法庭;完善代表人诉讼制度等。     

From the editor's desk

This article examines the underrepresentation of African American and Hispanic students in gifted education, proposing that social inequality, deficit thinking, and microaggressions contribute to the inequitable segregated programs. Underrepresentation trends are presented, along with methods for calculating underrepresentation and inequity. Underrepresentation is placed under the larger umbrella of achievement gaps and inequities in school settings with attention to de jure segregation. I argue that underrepresentation is beyond statistical chance and is a function of attitudes and beliefs grounded in deficit paradigms among those with power or social capital. Denying access to gifted education based on race is counterproductive and illegal and is discussed with Brown v. Board of Education as the legal background and a recent court case in gifted education (McFadden v. Board of Education for Illinois School District U-46). Recommendations for desegregating gifted education are provided.     

Children's literature for the gifted elementary school child

Long range planning for the gifted should not be limited to our present education systems. Today's educational structures do not provide the best opportunities for these youngsters.     

Rocky Jones: Case study of a high‐achieving black male's motivation to participate in gifted classes

An increased body of research on the recruitment and retention of Black students in gifted programs provides guidance for educators to understand factors that impact Black male under representation in gifted programs. A common concern among high school educators is that schools cannot keep Black males interested in gifted programs. Even in culturally diverse high schools, gifted Black males often do not want to take advanced level classes because they are accused by peers of “acting White”. This case study reveals that while rare, it is not impossible. This article uses a Participation Motivation Expectancy‐Value Model (PMEVM) to explain the motivation of Rocky Jones, a gifted Black male, and his choice to participate in his school's gifted program. Findings from interview and archival data are reported that inform Rocky's participation choice, and implications are drawn to enhance teachers’ efforts to increase Black males’ motivation and representation in gifted education.     

论宪法惯例的宪法审查依据资格

学界对宪法惯例的宪法审查依据资格颇有争议。对相关争议的澄清和消弭取决于对两个问题的正确解释:一是宪法惯例是否是法律;二是宪法惯例是否具有最高法律效力。文章的结论为:宪法惯例是具有国家强制性的政治习惯法,因而其具有法律之资格;宪法惯例的调整范围及合宪性的属性使其具有同宪法典一样的最高法律效力。因此,宪法惯例是一国宪法审查的依据之一。     

论免费服务不能免责的民法基础

作为一种促销方式和竞争手段,经营者在销售商品或提供服务的同时附带性地提供某种免费服务愈来愈具有普遍性,然而其性质若何,理论上却有争议,这阻碍了对此种行为所致纠纷的解决。本文认为,此种行为在经济学上属于“有奖销售”的一种;在法学上属于被称作“单方允诺”的单方法律行为。它与经营者和消费者之间买卖商品或者授受服务的合同性质不同,后者是双方法律行为,但二者又密切联系,前者以后者为条件,是附条件的单方法律行为。     

关于英才教育法律政策的国际比较

法律和政策体系的建立不仅可以引导英才教育的发展方向,而且可以为英才教育的发展提供相应的保障和支持。21世纪以来,越来越多的国家和地区普遍采取了支持英才教育的政策、计划和立法保护。总结和分析国外法律政策的特点,对我国在英才培养目标、鉴别体系、管理机构、课程设置、师资选拔与培训以及经费保障与社会资源支持方面的制度设计具有重要参考和借鉴意义。     

The Possibilities and Limitations of Gifted Education in Korea: A Look at the ISEP Science- Gifted Education Center

Education for gifted children is currently one of the hottest educational issues in Korea. Much money and effort are being invested in this area of education. Recent announcements by the Korean Ministry of Education state that all children should be educated to the level of which they are capable, and the current program for gifted students should be and will be extended. However, there is little attention paid to the actual substance of gifted education in Korea. What is happening in the name of gifted education? What is the meaning of giftedness and gifted education? How and in what respects can the gifted program be differentiated from general programs? What are the problems and concerns in serving gifted students? What are the effects of gifted programs? These are the main questions of the present qualitative study. For the purposes of this ethnographic study, the ISEP science gifted education center in Korea was observed for a six-month period, and 10 professors and 50 students at the ISEP were interviewed in depth. The results of the study are as follows. First of all, the ISEP science gifted education center provides differentiated learning environments and teaching methods. Second, through these differentiated learning experiences, students improve their thinking skills and creative problem solving abilities, as well as developing positive self-esteem. In addition, the formation of human net works, the special meaning of the ‘gifted’ label, and the acquisition of personal knowledge were seen to be some of the major educative possibilities on offer at the ISEP gifted education center. However, some professors’ low levels of motivation, the absence of individualized educational plans, bureaucratic management, weak student commitment to set tasks, and a lack of opportunity for students’ social activities were clearly limitations of the ISEP gifted education center. The results of this study will contribute to, specifically, the search for new ideas to improve the operation of gifted education as well as helping to surmount the hidden problems lurking beneath the surface of the current gifted education practices in Korea, and, more generally, to enhance our understanding of the diverse gifted educational practices in operation worldwide.     

SPECIAL ISSUE COMMENTARY: Cross-Disciplinary Perspectives on Consultation in Gifted Education: Focusing on Practice Issues

This article provides a response from the perspectives of a teacher of the gifted and a trainer of teachers of the gifted. Following a brief summary of the authors' collective experience, the article highlights major issues represented by the four articles and identifies common themes across the various disciplines with respect to consultation and gifted education. A call for needed research and more collaborative work among gifted educators and school support personnel is made.     

Program reevaluation: The gifted controversy

Gifted reevaluations consume an enormous amount of professional time and energy. The purpose of the present study was to survey gifted education teachers' and supervisors' perceptions of current gifted reevaluation practices. Results showed most gifted educators were not in agreement with the practice of using gifted reevaluations to reestablish program eligibility. Instead, they would prefer to get information relevant to program evaluation, program planning, and the need for additional services. Included among the alternatives suggested to replace the present gifted reevaluation practices were consideration of student work products, motivation, and interest; reports by parents and by regular and gifted education teachers; and monitoring the student progress made in achieving the goals of the individual educational program.     

西部民族地区高等院校法学教育的特殊性研究——以四川凉山州木里藏族自治县为例

基于西部民族地区社会经济发展的现状,其高等院校的法学教育应具有不同于中东部地区的特殊性。人才培养的市场定位不能“唯城市化”;重视少数民族民间法的研究学习,培养学生多元化的法律理念;以调整婚姻家庭、土地山林等关系的法律、法规为教学重点以及培养学生调解纠纷的方法和技巧是其中的主要内容。     

Are teachers biased when nominating students for gifted services? Evidence from Kazakhstan

The purpose of this experimental, vignette study was to analyze whether certain demographic characteristics of students (i.e. gender, ethnicity, and socioeconomic status) influence secondary education teachers in referring students for gifted services in Kazakhstan. A sample of 132 teachers were randomly assigned to one of eight profiles describing a typical gifted student with particular demographics and requested to indicate how strongly they believed the student should or should not be recommended for gifted services. Results evidenced that gender, ethnicity, and SES did not influence the Kazakhstani teachers’ referrals. The implications of teacher nominations in students’ identification for gifted programs and the discussion on the role of gifted education as perceived by school teachers in Kazakhstan and elsewhere are provided.