完善上市公司监督制度的法律思考

公司治理结构的核心问题是公司的内部监督问题。目前我国上市公司的监督机制实行监事会制度和独立董事制度并举的模式，但在实践中并没有取得预期的效果。考虑我国的传统和市场经济的发展阶段．吸收独立董事制度的合理因素，建立由股东代表监事、职工代表监事和独立监事共同组成的监事会，并充分提升监事的独立性和专业性是一条符合我国实际的可行之路。     

中国梦视域下高校辅导员队伍职业化与专业化建设研究

随着中国梦成为引领中国发展方向的旗帜,全国各族人民都在为实现中国梦贡献力量。本文在中国梦视域下对辅导员职业化和专业化建设的必要性、存在的问题及其建设途径等问题进行研究,对实现高校的“育才梦”具有重要意义。     

A collaborative assessment of students’ placement learning

The research informing this paper set out to investigate the qualitative experiences of students, supervisors and tutors involved in a summative collaborative assessment of placement learning on an undergraduate professional qualifying programme in the UK. Analysis of data gathered through semi-structured interviews provides valuable insights into its use. In particular, engagement in a collaborative assessment brings a degree of exposure for all concerned. Participants need to feel ‘able’ to participate, and ability to participate is linked to notions of agency and autonomy. Collaborative assessment design needs to acknowledge power relations and include strategies to reduce imbalances. The importance of recognising and working with the complexities of assessment should not be underestimated. Criterion referencing offers a guide to support consistency but can also falsely present assessment as mechanistic and instrumental. The research shows that it is in the ‘doing’ of assessment that a ‘shared language’ is developed. It demonstrates the value of active student engagement in assessment in relation to the construction and use of theory, developing reflective practice and assessment literacy. The collaborative assessment provides students with the opportunity to experience a ‘performance of understanding’ in a community of practice that, whilst pressured, reflects ‘real’ professional life.     

Getting to the heart of it: understanding mentoring relationship quality from the perspective of program supervisors

ABSTRACT

Mentoring relationship quality has frequently been associated with improved effectiveness of mentoring interventions for youth. As youth mentoring research has largely been undertaken in community-based, one-to-one mentoring programs in the United States, there have been recent calls to investigate mentoring relationships in specific contexts. Accordingly, this research examines relationship quality within nine mentor-mentee dyads involved in a New Zealand school-based mentoring program that combines one-to-one and group mentoring. This research identifies key features of and perceived influences on mentoring relationship quality using qualitative interviews with program staff and mentor portfolios. The results indicate that high quality relationships were formed during the program, and were primarily facilitated by mentors who demonstrated attunement, critical self-reflection, self-efficacy, and a holistic view of their mentee. Implications for practice and future research are discussed.     

监事会主体构成与任职资格探析

公司作为一个拟制的、独立的私法主体,需要按照作为私法秩序基本理念的私法自治原则的要求,和自然人一样对自己的行为进行自我约束和自我监督。而要实现公司的自我约束和自我监督就必须在公司内部进行权力分化。公司的经营管理权分配给董事会行使,那么,必须将公司的监督权力分配给另一独立机关——监事会行使,以形成对董事会经营权力的制约。而在公司的实际运行中,起到监督与制约作用的监事会在主体构成与任职资格上仍然暴露诸多不足与缺陷,文章将从监事会主体构成与监事任职资格方面入手全面构建监事会人员组成体系,为监事会发挥实际功效、履行监督职能奠定坚实的人文基础。     

监事会与独立董事制度的功能比较及其价值取舍

本文针对我国上市公司治理失灵的现象比较了德国、英国、美国、日本的公司内控机制 ,发现这些国家由于法律文化、历史传统不同 ,其公司的内部控制机制尽管形态各异 ,但这些不同的内部控制机制的功能是同质的 ,都是为了控制内部人控制。接着文章对独立董事制度和我国的监事会进行了分析 ,认为我国的监事会控制在立法上存在的明显缺陷是上市公司治理失灵的重要原因之一。笔者同时对董事制度进行了法律移植方面的法理分析 ,认为我国在公司法未修改前不存在独立董事制度生成的司法解释或部门解释的条件。文章最后对我国的监事会和相关有监督功能的制度提出了若干优化和创新的政策建议     

生命周期视角下董监高治理机制与企业技术创新

以2006~2015年的沪深上市公司为样本,采用现金流量组合法将样本公司进行生命周期划分,考察成长期与衰退期企业的董监高治理机制对企业技术创新的影响机理.研究发现:董监高治理的激励机制总体上对企业技术创新有积极推动作用;在企业衰退期,董监高薪酬与高管持股对企业技术创新有积极推动作用;在企业成长期,仅有董监高薪酬对企业技术创新有积极作用.无论当企业处于成长期还是衰退期,董监高治理的制衡机制对企业技术创新都没有积极作用,董事长与总经理两职分离设置对企业技术创新投入起阻碍作用;独立董事比例则对技术创新没有影响.     

Service Learning Pedagogies to Promote Student Learning in Occupational Therapy Education

The centrality of service learning in the development of students’ professional practice has received worldwide attention. Exposure to appropriately designed service learning experience determines the acquisition of graduate attributes. This article addresses a study in which the key question was: What methods and strategies do students and their clinical supervisors find beneficial in improving their learning experiences during service learning placements? Drawing on the views and experiences of a group of final year occupational therapy (OT) students and their supervisors, the initial focus is on concepts in learning relevant to service learning and professional development, including Vygotsky's zone of proximal development (ZPD), the capability approach and collaborative and peer assisted learning. This is followed by an overview of the methodology and an analysis of the students’ and clinical supervisors’ experiences during service learning. The discussion focuses on the implications of the study findings for practice within a service learning context to enhance the alignment of institutional practices with students’ needs.     

Faculty perceptions of common challenges encountered by novice doctoral writers

Although learning to write for publication is an important outcome of doctoral education, it has received surprisingly little scholarly attention. Within a socialization and supervisor pedagogy framework, this study uses narratives of faculty who regularly write with their doctoral students for publication to expose challenges students commonly encounter in the writing process. Common challenges include international students' ‘writing problem’, misconstruing the nature of disciplinary writing and not realizing that ‘public’ is part of publication.     

Doctoral ‘orphans’: nurturing and supporting the success of postgraduates who have lost their supervisors

Much research into doctoral student-supervisor relations focuses on developing positive interactions. For many students, however, the research experience can be troubled by breakdowns in communication and even the loss of the supervisor(s), turning the student into a doctoral ‘orphan’ and impacting on their academic identity and ability and confidence in producing a sound doctoral-level contribution to knowledge. Our work with a range of UK- and internationally-based doctoral students looks specifically at reasons for supervisor loss and/or absence and the students' experience of being doctoral ‘orphans’ in terms of identity, confidence and progress. In focusing on those who achieve successful completion, it suggests the need for institutional and community support and highlights the development of effective strategies leading to ownership, empowerment and emotional resilience.