共同危险行为及其疑难问题研究

最高人民法院关于人身损害赔偿的司法解释对共同危险行为的规定为实践中频繁发生的此类纠纷提供了实体上的法律依据,加强了对受害人合法权益的保护.本文着重将其与共同加害行为、抛掷物行为等进行区别,以明确共同危险行为的法律特征;在分析借鉴各种理论学说的基础上,提出应当结合主观和客观等方面的情况分析全体行为人承担连带责任的正当性,认为行为人可以通过反证克服因果关系的推定而实现责任的免除.     

Load-carrying capacity and practical calculation method for hollow cylinder joints connected with H-shaped beams

A type of hollow cylinder joints connected with H-shaped beams is proposed for spatial structures. Based on von Mises yield criterion and perfect elasto-plasticity model, a series of finite element models of the joints is established, in which the effect of geometric nonlinearity is taken into account. Then mechanical behavior and load-carrying capacity of the joints were investigated, which were subjected to axial load, in- and out-plane bending moments, and their combinations. The results show that the ultimate loads of the joints are determined by the maximum displacement. Furthermore, the case of one joint connected with multiple beams was discussed. Experiments on a set of typical full-scale joints were conducted to understand the structural behavior and the failure mechanism of joint, and also to validate the finite element models. Finally, the practical calculation method was established through finite elements analysis (FEA) results and numerical fitting. The results show that the joints are more ductile and materially economical than welded hollow spherical joints, and the practical calculation method can provide a reference for direct design and the revision of relevant design codes.     

The role of motor experience in understanding action function: the case of the precision grasp

Recent evidence suggests adults and infants selectively attend to features of action, such as how a hand contacts an object. The current research investigated whether this bias stems from infants' processing of the functional consequences of grasps: understanding that different grasps afford different future actions. A habituation paradigm assessed 10-month-old infants' (N = 62) understanding of the functional consequences of precision and whole-hand grasps in others' actions, and infants' own precision grasping abilities were also assessed. The results indicate infants understood the functional consequences of another's grasp only if they could perform precision grasps themselves. These results highlight a previously unknown aspect of early action understanding, and deepen our understanding of the relation between motor experience and cognition.     

Flipped anatomy classroom integrating multimodal digital resources shows positive influence upon students' experience and learning performance

Anatomy is shifting toward a greater focus on adopting digital delivery. To advance digital and authentic learning in anatomy, a flipped classroom model integrating multimodal digital resources and a multimedia group assignment was designed and implemented for first-year neuroanatomy and third-year regional anatomy curricula. A five-point Likert scale learning and teaching survey was conducted for a total of 145 undergraduate health science students to evaluate students' perception of the flipped classroom model and digital resources. This study revealed that over two-thirds of participants strongly agreed or agreed that the flipped classroom model helped their independent learning and understanding of difficult anatomy concepts. The response showed students consistently enjoyed their experience of using multimodal digital anatomy resources. Both first-year (75%) and third-year (88%) students strongly agreed or agreed that digital tools are very valuable and interactive for studying anatomy. Most students strongly agreed or agreed that digital anatomy tools increased their learning experience (~80%) and confidence (> 70%). The third-year students rated the value of digital anatomy tools significantly higher than the first-year students (p = 0.0038). A taxonomy-based assessment strategy revealed that the third-year students, but not the first-year, demonstrated improved performance in assessments relating to clinical application (p = 0.045). In summary, a flipped anatomy classroom integrating multimodal digital approaches exerted positive impact upon learning experience of both junior and senior students, the latter of whom demonstrated improved learning performance. This study extends the pedagogy innovation of flipped classroom teaching, which will advance future anatomy curriculum development, pertinent to post-pandemic education.     

Observation and initiation of joint action in infants

Infants imitate others’ individual actions, but do they also replicate others’ joint activities? To examine whether observing joint action influences infants’ initiation of joint action, forty‐eight 18‐month‐old infants observed object demonstrations by 2 models acting together (joint action), 2 models acting individually (individual action), or 1 model acting alone (solitary action). Infants’ behavior was examined after they were given each object. Infants in the joint action condition attempted to initiate joint action more often than infants in the other conditions, yet they were equally likely to communicate for other reasons and to imitate the demonstrated object‐directed actions. The findings suggest that infants learn to replicate others’ joint activity through observation, an important skill for cultural transmission of shared practices.     

Teachers’ pedagogical reasoning and action in the digital age

Beginning teachers are entering the profession with increasing confidence in their ability to use digital technologies which has the potential to change the way teachers of the future make pedagogical decisions. This paper explores how pedagogical reasoning and action might occur in the digital age, comparing Schulman’s 1987 model with the reality for a small sample of digitally able beginning teachers as part of the emerging generation of teachers. The latter were examined through a multiple case study during their first year of teaching as they made decisions about using digital technologies within their teaching practice which gave an insight into pedagogical reasoning and action through the use of open‐ended interviews and observation. The conclusion drawn is that while the pedagogical reasoning and action model remains relevant, it was based on an assumption that teaching involves knowledge being passed from a teacher to their students, which was found to restrict innovation by digitally able teachers. A broader interpretation of knowledge and teaching within this model building on emerging learning theory could help reform practice once again, providing a framework for teachers in the digital age.     

我国必要共同诉讼类型再思考

学理上,我国民事诉讼法上的必要共同诉讼,被划分为“权利义务共同型”和“原因共同型”两类。这两类必要共同诉讼的区分标准模糊,造成两者之间既存遗漏又存重叠现象,且误导人们对该制度认识。因此,我们有必要从法理上重新反思必要共同诉讼类型。     

Anatomy "steeplechase" online: necessity sometimes is the catalyst for innovation

In most medical schools, summative practical examination in Anatomy usually takes the format of a “steeplechase” (“spotters” or “bell ringers”) conducted in the gross anatomy laboratory using cadaveric material and prosected specimens. Recently, we have started to administer similar examinations online using the quiz facility in WebCT? and Moodle?. This article chronicles how we conceived and developed this method within the peculiar nature of our medical school setting. Over a five year period, practical summative examinations were organized as “steeplechase” online. The online examinations were administered using WebCT? and later Moodle? learning management software. Assessment “objects” were created from the materials available for anatomy teaching. These were digital images of cadaveric materials, radiological, and prosected specimens. In addition, short video clips of 30 seconds duration demonstrating muscle action were produced. These objects were optimized for online viewing and then uploaded onto the learning management software. A bank of questions (multiple choice or short answer type) was then created and linked to the assessment objects. These were used in place of the steeplechase in the computer laboratory. This method serves a crucial purpose in places like ours where continuous availability of human cadavers is impossible. Although time consuming initially, once questions are setup online, future retrieval, and administration becomes convenient especially where there are large batches of students. In addition, the online environment offers distinct advantages with regards to image quality, psychometric analysis of the examination and reduction of staff preparation time compared to traditional “steeplechase.” Anat Sci Educ 4: 115–118, 2011. © 2010 American Association of Anatomists.     

Observations by a university anatomy teacher and a suggestion for curricular change: Integrative anatomy for undergraduates

The observation that anatomical course offerings have decreased in undergraduate biology curricula is supported by a survey of undergraduate institutions in the state of Washington. This reduction, due partially to increased emphasis in other areas of the biology curriculum, along with the lack of anatomy prerequisites for admission to most medical and dental schools, has resulted in many biology majors who have little or no exposure to the anatomical sciences. This is a disservice to our students who need to understand organismal form and function to better connect our rapidly expanding knowledge of life at the cell and molecular level to our understanding of the role of organisms in ecosystems and as the primary target of natural selection in evolutionary change. Undergraduate anatomical courses can also serve as an extension of the anatomy curriculum in professional healthcare programs, where anatomical sciences are also experiencing a reduced allocation of instructional time. Given the importance of anatomical knowledge along with the many demands and constraints on biology curricula, what can we do? One suggestion, a course in integrative anatomy for undergraduates, is proposed and discussed. Anat Sci Educ 3:73–76, 2010. © 2010 American Association of Anatomists.     

How pedagogical relations in early years settings are reconfigured by interactive touchscreens

While interactive touchscreens are currently entering into educational practice, little is known about what this means for learning in early childhood and, in particular, how touchscreens shape action and communication. In this paper, we examine the interactions of 2-year-olds and their teachers in a multilingual preschool in Sweden. We analyse the communicative environment between the children, teachers and shared touchscreens and books in the context of reading. A mixed-methods analysis was used, taking a concept of action that includes both verbal, non-verbal utterances and digital touch. The analysis shows a reconfiguration to the interactional dynamic where children perform comparable amounts of actions in sessions with the touchscreen and book reading but less talk during the touchscreen sessions. However, while talking less, children display other types of communicative actions. We analyse the changing interactional dynamic that follows, its implications to learning and early childhood pedagogical practice and how interaction can be reconceptualised as cycles of communication and action in which educational scaffolding unfolds.

Practitioner notes

What is already known about this topic

• Touchscreens are a significant part of children's lives and educational curricula.
• There is considerable uncertainty on how touchscreens can be incorporated into early childhood education.
• Little is known about how educational social interaction changes with touchscreens such as iPads.

What this paper adds

• A mixed methods multimodal analysis of the changing actions and dynamics of iPads as compared with bookreading.
• Children's patterns of communication change towards less talk and more bodily communication, while teachers’ actions remain somewhat similar.
• Touch actions change the dynamics of interaction, can alter the pedagogical situation and bring a reconceptualisation towards a cyclical and embodied view of interaction.

Implications for practice and/or policy

• New patterns of action may require a recalibration of educational practices.
• Teachers need to attend to new sets of touch actions that children use to communicate and act with as displays of knowledge.
• The use of touch screens should be seen as complementary to established practices of language and literacy training (such as book reading) rather than replacing them.

     

数字经济时代的学校教育模式如何转型?——《未来学校:为第四次工业革命定义新的教育模式》报告的解读

2020年,世界经济论坛发布了一份题为《未来学校:为第四次工业革命定义新的教育模式》的报告。文章尝试通过对此报告的解读,来探讨“数字经济时代的学校教育模式如何转型”的问题:首先,文章分析了数字经济推动学校教育模式转型的背景;接着,文章重点解读了报告提出的“一个理念”、“两个回应”和“多元主体”,指出未来学校的发展旨在弥合经济发展需求与教育发展的矛盾,关注学校教育的学习内容设计与学习经验培养,加强多元主体协同,以推动学校转型;然后,文章对当下行动与理念之间存在鸿沟这一现实进行了反思,提出从人才培养、意识与行动转变、理念强化三个角度进行改革;最后,文章提出了数字经济时代学校教育模式改革的方向,以期为数字经济时代的学校模式转型提供策略参考与方向建议。     

实现数字校园协同效应的八种作用机制

数字校园在协同机制的作用下产生协同效应是数字校园实践者和研究者所期待的理想目标。数字校园协同效应的实现依赖于数字校园领导机制、保障机制、激励机制、安全机制、管理机制、资源共享机制、评估机制和服务机制等8种作用机制的相互影响、相互作用。北京市属8所普通本科高校、5所高职院校、38所中小学数字校园建设调查显示：这8种机制在不同学校的受重视程度、发展现状、运行方式等有很大差异,但总体上发展都不够完善,亟需提高认识,不断改进。因此,在数字校园建设过程中,应该充分重视这8种作用机制的功能、作用和相互关系,采取有效措施完善这些机制,促使数字校园产生协同效应,实现价值最大化。     

Interdisciplinarity in vocational guidance: an action theory perspective

In addressing the issue of interdisciplinary research in vocational guidance, twelve propositions important for understanding the vocational guidance process as joint, goal-directed action are presented. They address the encounter between client and counsellor leading to relational ethics, the relevance of everyday action theory and methods for the analysis of goal-directed processes as joint actions, projects, and careers. Research on the school-to-work transition illustrates this conceptualisation and analysis. Links to other disciplines concerned with vocational guidance are identified.     

What digital games and literacy have in common: a heuristic for understanding pupils' gaming literacy

This article argues that digital games and school‐based literacy practices have much more in common than is reported in the research literature. We describe the role digital game paratexts – ancillary print and multimodal texts about digital games – can play in connecting pupils’ gaming literacy practices to ‘traditional’ school‐based literacies still needed for academic success. By including the reading, writing and design of digital game paratexts in the literacy curriculum, teachers can actively and legitimately include digital games in their literacy instruction. To help teachers understand pupils’ gaming literacy practices in relation to other forms of literacy practices, we present a heuristic for understanding gaming (HUG) literacy. We argue our heuristic can be used for effective teacher professional development because it assists teachers in identifying the elements of gameplay that would be appropriate for the demands of the literacy curriculum. The heuristic traces gaming literacy across the quadrants of actions, designs, situations and systems to provide teachers and practitioners with a knowledge of gameplay and a metalanguage for talking about digital games. We argue this knowledge will assist them in capitalising on pupils’ existing gaming literacy by connecting their out‐of‐school gaming literacy practices to the literacy and English curriculum.     

Pulling my gut out—Simple tools for engaging students in gross anatomy lectures

A lecture is not necessarily a monologue, promoting only passive learning. If appropriate techniques are used, a lecture can stimulate active learning too. One such method is demonstration, which can engage learners' attention and increase the interaction between the lecturer and the learners. This article describes two simple and useful tools for demonstration during gross anatomy lectures. One is an apron for demonstrating midgut rotation and the other is a simple “human” model for demonstrating the relationship between the uterus and the peritoneum. Anat Sci Educ. © 2010 American Association of Anatomists.     

大学生短跑运动员膝关节肌等速向心收缩的肌力研究

采用德国Isomed2000等速肌力测试系统、ME6000无线肌电遥测系统,同步测试优秀大学生短跑运动员膝关节屈伸肌群在不同速度向心收缩过程中肌肉组织的力学及肌电活动特性。结果显示：大学生短跑运动员膝关节屈伸肌群在60b／s、120b／s、240b／s向心用力时峰力矩随着速度增加逐渐下降;iEMG随着角速度的增加而下降;运动员左右腿屈、伸峰力矩比值接近运动员的正常范围,发展较均衡。     

Modeling Student Cognition in Digital and Nondigital Assessment Environments

Inferences about student knowledge, skills, and attributes based on digital activity still largely come from whether students ultimately get a correct result or not. However, the ability to collect activity stream data as individuals interact with digital environments provides information about students’ processes as they progress through learning activities. These data have the potential to yield information about student cognition if methods can be developed to identify and aggregate evidence from diverse data sources. This work demonstrates how data from multiple carefully designed activities aligned to a learning progression can be used to support inferences about students’ levels of understanding of the geometric measurement of area. The article demonstrates evidence identification and aggregation of activity stream data from two different digital activities, responses to traditional assessment items, and ratings based on observation of in-person non-digital activity aligned to a common learning progression using a Bayesian Network approach.     

A simple and efficient device for demonstrating cross‐sectional anatomy of the head

Described in this article is a novel device that facilitates study of the cross‐sectional anatomy of the human head. In designing our device, we aimed to protect sections of the head from the destructive action of handling during anatomy laboratory while also ensuring excellent visualization of the anatomic structures. We used an electric saw to create 15‐mm sections of three cadaver heads in the three traditional anatomic planes and inserted each section into a thin, perforated display box made of transparent acrylic material. The thin display boxes with head sections are kept in anatomical order in a larger transparent acrylic storage box containing formaldehyde solution, which preserves the specimens but also permits direct observation of the structures and their anatomic relationships to each other. This box‐within‐box design allows students to easily view sections of a head in its anatomical position as well as to examine internal structures by manipulating individual display boxes without altering the integrity of the preparations. This methodology for demonstrating cross‐section anatomy allows efficient use of cadaveric material and technician time while also giving learners the best possible handling and visualization of complex anatomic structures. Our approach to teaching cross‐sectional anatomy of the head can be applied to any part of human body, and the value of our device design will only increase as more complicated understandings of cross‐sectional anatomy are required by advances and proliferation of imaging technology. Anat Sci Educ 2010. © 2010 American Association of Anatomists.     

Australian Secondary Students’ Views About Global Warming: Beliefs About Actions, and Willingness to Act

A 44-item questionnaire was constructed to determine secondary students’ views about how useful various specific actions might be at reducing global warming, their willingness to undertake the various actions, and the extent to which these two might be linked. Responses (n = 500) were obtained from students in years 7 to 10 in three schools in NSW, Australia. For some pro-environmental actions, the degree to which students professed a willingness to act was greater than might be expected from the extent to which they believed the action to be useful. Such actions are those that involve minimal inconvenience such as switching off un-used electrical appliances, or those that are becoming well embedded in social practice, such as recycling. For other pro-environmental actions, the degree to which students were willing to act seemed less than might be expected, given the extent to which they believed the action to be useful. Actions concerning personal transport, such as buying smaller cars or using public rather than private transport, and obtaining more electricity from nuclear power stations, fell into this category. Here, there are disincentives to acting in a pro-environmental manner relating to personal inconvenience, or concern about nuclear power. The data were also explored to determine the strength of the relationships, for each action, between students’ professed willingness to act and their belief that an action would be effective. This suggested a measure of the potential effectiveness of education about that action. For some actions, this relationship was weak; in such cases, altering belief about the usefulness of the action might not be expected to produce major changes in behaviour. Issues concerning public transport were of this type; clearly, for issues such as these, other approaches and/or inducements may be needed to persuade people to adopt pro-environmental behaviour patterns. For other actions the relationship was stronger, so that in these areas environmental education could well be effective, especially if a large proportion of the population are not already willing to undertake that action.     

Memory for recent actions in the bottlenosed dolphin (Tursiops truncatus): Repetition of arbitrary behaviors using an abstract rule

Little is known about how animals represent their own actions in working memory. We investigated whether bottlenosed dolphins could recall actions they had recently performed and reveal those recollections using an abstract rule. Two dolphins were trained to respond to a specific gestural command by repeating the last behavior performed. Both dolphins proved to be able to repeat a wide variety of behaviors on command and were able to generalize the repeating rule to novel behaviors and situations. One dolphin was able to repeat all 36 behaviors she was tested on, including behaviors involving multiple simultaneous actions and self-selected behaviors. These results suggest that dolphins can flexibly access memories of their recent actions and that these memories are of sufficient detail to allow for reenactments. The repeating task can potentially be used to investigate short-term action and event representations in a variety of species.