我国法律规避立法探析

考虑法律规避行为的违法性,两大法系国家均采取了措施对其进行规制,但是两大法系的规制途径并不相同,大陆法系国家主要是通过法律规避制度直接规制法律规避行为,而英美法系国家则通过公共政策、政府利益分析等灵活方法间接规制法律规避行为。鉴于强制性规则适用制度无法涵盖法律规避制度、英美法律规避的替代性制度无法适用中国、法律规避制度的自身价值,便可以略知我国立法应全面承认法律规避制度,提高法律规避的立法位阶,配套相应具体的司法解释。     

论自我改造与主体性教育之实践本性的重建

主体性教育是一种培育自觉生命、独立人格和平等观念的现代教育形式。它以共生式教育为核心,在追求最佳的自我改造的同时秉持一种包容性的人生态度和建构一种自觉性的教育活动,使人能够受到理性的教化,将个人利益嵌入社会公益之中,去创造一个异质主体间能够关联建构和普适滋长的共生世界。教育乃人之主体性的开放,引导人走向主体间性的共生世界去遵循教育的基本指向,即个体生命之建构和世界图景之创造。主体性教育的实践本性就是要充分发挥人主动改造自我和创造生活的"主体自觉"的实践效应,以引领个体的自主发展和重建世界的共生法则。     

Social orders and interactions among children in age-mixed classes in primary schools – new perspectives from a synthesis of ethnographic data

The article synthesises data from two ethnographic projects, which both explore interactions of children in age-mixed groups in primary schools. It illuminates critical perspectives on social orders and children's interactions in age-mixed classes by showing how pupils in age-mixed groups become involved in power relations and how the teacher's authority and institutional rules are intricately interwoven into the social orders of the peer culture. The article highlights children's complicity with the teacher and her expectations and accordingly questions the notion of an increase of children's autonomy in age-mixed groups.     

An integrated model of parental mediation: the effect of family communication on children's perception of television reality and negative viewing effects

This study proposed and tested an integrated model of parental mediation involving family communication, parental mediation styles, children's perceptions of televised realities and the actual world, and perceptions of the negative effects of television viewing. A total of 348 Korean adolescents participated in a nationwide survey. The findings demonstrated that parental, instructive mediation, in combination with open family communication, increased not only children's perceived disparity between televised realities and the actual world, but also children's perceptions of the potentially negative effects of television. Restrictive parental mediation styles were also found to mediate the role of open family communication on children's perception of negative effects of television. In contrast, co-viewing mediation was not found to directly affect either the children's perceived reality or their perception of negative effects of television viewing.     

The gods are drinking milk! Word‐of‐mouth diffusion of a major news event in India

The objective of this study is to explore whether the US media overemphasized recalled Chinese products in 2007 and, if so, how news coverage in the US media differed from that of the Chinese media. By using a framing analysis of the coverage in two US media and two Chinese media, this study pursues answers to these questions. After comparing the news coverage of the recalled Chinese products and a real world indictor, this study found that neither US nor Chinese media mirrored the real world phenomenon as it was. By comparing news coverage of the issue in The New York Times and The Associated Press with China Daily, and The Xinhua News Agency, the study found that news coverage of the recalled issues differed significantly in terms of the sources used, the nationality of the source, the dominant frames employed, and the attribution of responsibility for the problems. In particular, Chinese media more frequently employed government officials as their main sources, which inherently increased the use of thematic frames. By contrast, US media often used episodic frames. Likewise, American media approached the issues using ‘Customers' Worries’ and ‘Broken System’ frames, whereas Chinese media often attempted to defend the quality of Chinese products and criticized Western media for exaggerating the issues. Owing to the news framing process, US audiences might have acquired more negative images of Chinese products and China in general. By contrast, their Chinese counterparts might have experienced increased antipathy and distrust concerning the American media.     

Original order in the digital world

This article expands the concept of original order and presents two systematic views of the order of electronic records. In one view, abstract conceptual order can be used as guidance for the physical arrangement of records storage media and intellectual arrangement of records through a software interface. In the second view, organising electronic records entails managing the relationship between electronic records and the paper records in the same collection, between electronic records and their metadata, among different electronic records, as well as managing the relationships among the different copies, different versions and different captures of the same electronic records.     

无约束优化问题推广的对角二阶拟柯西算法

利用推广的二阶拟Newton方程,提出了一种推广的对角二阶拟柯西算法,在新算法中引入了参数θ,使得对角二阶拟柯西法可以推广到更大的范围.并且证明了在一定的条件下新算法的全局收敛和超线性收敛.最后通过数值试验说明了新算法是有效可行的.     

Teachers' Beliefs and Self-Reported Use of Inquiry in Science Education in Public Primary Schools

This paper describes Ecuadorian in-service teachers and their science teaching practices in public primary schools. We wanted to find out to what extent teachers implement inquiry activities in science teaching, the level of support they provide, and what type of inquiry they implement. Four questionnaires applied to 173 teachers resulted in the identification of high context beliefs and moderately high self-efficacy beliefs. Teachers declared to implement activities mostly to develop understanding of the material, as contrast to actual manipulation of data and/or coming to conclusions. They adopt rather a strictly guided approach in contrast to giving autonomy to learners to work on their own. Finally, teachers keep control with regard to question formulation and choice in solution procedures, which constrains the development of real inquiry. When comparing teacher beliefs, we found that teachers' context beliefs make a difference in the level of support that teachers provide to their students. Teachers with lower context beliefs ask students to perform inquiry activities on their own to a lesser extent when compared with teachers with higher context beliefs. This implies that further research on the implementation of inquiry in science teaching should take into account teachers' differences in their context beliefs. We also found out that the use of high or low support in inquiry activities remained the same for teachers with either higher or lower self-efficacy beliefs.     

语言疑问标示的类型学分析

疑问句的存在是语言的普遍特征之一,但不同语言在标示其疑问句时所采用的具体方式却不尽相同。本文主要着力于一般疑问句之疑问标示的跨语言对比研究,把“人类语言”的一般疑问句标示方式划分为疑问小词法、词缀法、移位法和变调法四类,对语言疑问标示作一类型学分析。     

伊恩·布朗利的客观实证主义国际法观述评

本文旨在考察英国著名国际法学家伊恩·布朗利的客观实证主义国际法观。首先是布朗利的“客观实证主义国际法”所体现的一般国际法理论。在这方面,布朗利在国际法效力上接受了凯尔森的“基础规范”影响,但他把注意力放在国际法的实际功效上,认为国际法事实上是有功效的,而在现实中被误解和低估了。其次,在对待习惯国际法方面,他严格按照“国家实践”和“法律确念”的要素来检验,这体现在他处理国际法中最有争议的人道主义干预问题的方法上。第三,布朗利通过“国际事务中的法治”概念来构建国际公共秩序,其组成要素实际上是形式主义的法治观,其方法与耶鲁学派的“政策导向”方法是一个鲜明的对比。实证主义的国际法假定对规则的客观解释就是现实,规则对所有国家都平等适用,但规则产生的背景性质、平等适用是否对所有国家产生相同的法律后果,这是实证主义方法没有考虑的。耶鲁学派将法律描述成“权威决策过程”,其对中国的积极意义在于,申国必须深度介入国际法的立法过程。