谈学校与学生之间的法律关系

学校与学生之间的法律关系,从本质上说就是学校与学生之间的权利和义务的关系,其核心是学生权利范围及其法律保障问题。关于这一特定法律关系的理论主要有行政法律关系、民事合同法律关系、双重法律关系。在我国教育司法制度中,在学校和学生的法律关系至今尚无明确规定的情况下,文章通过对有关理论的探讨,试图找到一种思路,对研究问题提供借鉴。     

Democracy,development and chieftaincy along South Africa's ‘Platinum Highway’: some emerging issues

South Africa's ‘Platinum Highway’ (Generally referred to as ‘the platinum belt’.) – ‘a 150?km continuation of platinum group metals (PGM)-bearing reefs’ [Havenstein, R. (2004). “The Platinum Highway – Where Does It Lead?” Accessed May 10, 2011. http://web.up.ac.za/sitefiles/file/EBIT-Innovate/The_Platinum_Highway-where_does_it.pdf, 1] – has ushered in a new era of considerable accumulation of mineral revenues by a few traditional authorities on whose communal lands platinum ore is extracted. The Royal Bafokeng community in the North West province stands as an epitome of this phenomenon. However, not much is known about the relationships at local governance level, particularly the interface of mineral wealth and community development. Adopting the Bafokeng community as an empirical case in this article, I argue that, despite some observed benefits, vast mineral wealth is likely to deepen tensions between local power holders within the sphere of rural local governance, thus paradoxically hampering development, particularly in a context where traditional authorities are the architects and champions of resource-engendered community development.     

“勾肩搭背”式腐败的预防及治理:官商关系的政治学思考

官商之间的"勾肩搭背"现象,表面上看来属于正常人际交往,但其实质仍然是一种腐败,具有普遍性、模糊性、隐秘性和集体性的特点。官商"勾肩搭背"现象的产生和发展,具有文化诱因、制度诱因、思想诱因和社会诱因,并且具有非常大的危害性,需要从思想和制度层面加大预防和治理的力度。     

构建首都和谐社会治安部门必须正确处理四个关系切实提高四种能力

和谐社会的理念对推进首都治安管理工作全面协调发展具有重大的理论指导意义.治安管理工作应服务于建设和谐社会的需要.为此,应处理好四个关系,即和谐与稳定、秩序、效率、公正的关系;提高四种能力,即维护首都和谐安定的能力、驾驭首都社会治安局势的能力、服务经济社会发展的能力、严格公正文明执法的能力.     

Violence and Aggression in the Lives of Homeless Children

The present research examined the role of violence and aggression in the lives of children in homeless families, focusing on possible connections among family violence, children's aggression, and children's problems with social isolation and rejection. Measures were obtained from structured interviews with 93 sets of mothers and children. Consistent with past research, average estimates of specific violent incidents experienced by mothers (as adults) were quite high. Measures of this family violence were reliably correlated with children's behavior problems as well as with measures of aggression in peer relationships (victimization, ease of resolving fights with friends).Finally, results of regression analyses were most consistent with a model in which family violenceand economic distress contributed to problematic aggressive behaviors among children; that aggression, in turn, appeared to lead to social isolation and avoidance. The overall results emphasized the need to address violence and aggression in any intervention programs for homeless children and families.     

BREAKING UP IS HARD TO DO: ROMANTIC DISSOLUTION,OFFENDING, AND SUBSTANCE USE DURING THE TRANSITION TO ADULTHOOD*

Recent studies have directed attention to the nature of romantic involvement and its implications for offending over the life course. However, this body of research has overlooked a defining aspect of nonmarital romantic relationships: Most come to an end. By drawing on insights from general strain theory, the age‐graded theory of informal social control, and research on delinquent peer exposure, we explore the impact of romantic dissolution on offending and substance use during late adolescence and emerging adulthood. Using data from the 1997 cohort of the National Longitudinal Survey of Youth, we arrive at three general conclusions: 1) Experiencing a breakup is directly related to a range of antisocial outcomes; 2) the effect of a breakup is dependent on post‐breakup relationship transitions; and 3) a breakup is associated with increases in offending and substance use among males and in substance use among females. We conclude with a discussion of the implications of our findings for the future of research on romantic involvement and crime over the life course.     

治理结构、运行机制、与政府关系: 非营利组织有效性分析--浙江省义乌市玩具行业协会个案

非营利组织的治理结构、运行机制、与政府关系对于非营利组织的发展特别重要.行业协会是非营利组织的一种形态.通过分析浙江省义乌市玩具行业协会个案,运用制度变迁和合作博弈理论,剖析协会的治理结构、运行机制、与政府关系,探讨非营利组织的有效性.     

Advising Ministers – The Special Problem of Defence

Successive Australian Defence Ministers have been frustrated and occasionally embarrassed by the quality of advice and information provided to them by the Defence organisation. Decades of reviews and reorganisations have failed to find solutions to the special difficulties that Defence faces in providing accurate, timely information and advice to ministers across the broad spectrum of their responsibilities. This article argues that there are multiple explanations for the concerns that are frequently expressed about its policy advisory capacity – most of which are inherent to Defence organisations around the world. While the Defence culture of secrecy is partly responsible, other factors such as the scale of Defence's operations, the multiple cultures that exist within it (military, civilian, and intelligence) that make coherence harder than in more homogenous departments, the long‐time horizons of defence planning as well as the high costs of procurement, must also be considered. The erosion of trust between the organisation and minister has been exacerbated by the intense scrutiny of the media that overburdens ministers and adds another layer of complexity to their role. As history shows, there are push and pull factors that continue to embroil ministers in the minutiae of defence difficulties, while the complexity and scale of operations will undoubtedly continue to impact on the timeliness of advice.     

刑事和解与刑法基本原则的协调性

刑事和解是一种在非刑罚化、被害人保护、犯罪人再社会化等方面均极具创意的新制度。刑法基本原则是我国刑事司法过程中应恪守的重要原则。刑事和解与刑法基本原则关系问题是完善刑事和解所必需的基础性理论。不容否认,刑事和解与刑法基本原则之间存在冲突,然而系统论证之后可以得出二者间存在着协调可能性且协调性占主导地位。