浅谈教学中的非语言交际

交际包括语言交际和非语言交际,这两种形式相辅相成,构成人类交际不可分割的整体。非语言交际是一个包含诸多因素的体系,可以用来辅助语言交际。非语言交际是人在出生后就开始接触学习并且要实践加强贯穿一生的。教学是一种交际行为,在教学实践中,我们教师除了主要运用语言交际手段,也会经常运用非语言交际,这能使教学过程更顺畅,而且会创造良好的师生关系。     

SEX EDUCATION LEFT AT THE THRESHOLD OF THE SCHOOL DOOR: STRICTER REQUIREMENTS FOR PARENTAL OPT‐OUT PROVISIONS

Current state law creates the risk that, if sex education is not provided to a child in public school, no similar instruction will be given to the child. Legislatively enacted opt‐out provisions give parents broad control over their child's education by granting them the option to have their child excused from any sex education requirements within a public school's curriculum. Through public school sex education, professionals provide youth information aimed at protecting them from the dangers of pregnancy and sexually transmitted diseases (STDs). A stricter statutory opt‐out provision should be enacted by state legislatures that only allows parents to excuse their child from sex education after a parent attends a 90‐minute STD prevention course and receives the instructional material used in the school's sex education curriculum. Parents should be provided up‐to‐date information and a structural framework designed by the school to encourage them to discuss with their child the many sexual issues addressed within a school's sex education curriculum.     

Political interference and regulatory resilience in Brazil

Governments face a fundamental tradeoff between regulatory independence and control. Attempts of interference have the effect of reducing the system's level of commitment and credibility. On the other hand, an administration runs the risk that the autonomy delegated to regulators might be used to pursue outcomes that may harm their interests. This tradeoff is particularly relevant when there is an alternation of power with the arrival of a new political elite with different preferences. This paper uses data from a 2016 survey on regulatory governance applied to Brazilian regulatory agencies. This data is compared to a similar survey performed in 2005. The new survey results turn out to be surprisingly similar to those of a decade earlier, suggesting strong resilience of regulatory agencies despite significant attempts at political interference by powerful presidents. The factors explaining the resilience of regulatory governance in Brazil lie in its broader institutional endowment, which moderates the effects of executive interference.     

Coordinating intermediaries: The prospects and limitations of professional associations in decentralized regulation

A key question in understanding regulation through independent intermediaries is the extent to which intermediary actions are either coordinated, thereby supporting consistency in regulatory application, or uncoordinated, leading to monitoring and enforcement disparities. This paper examines professional associations as one mechanism by which policy action may be coordinated in decentralized arrangements. Professional associations provide means and venues for members to interact, offer training and education that develops shared understanding of policy directives, are collective representation bodies for professional members, and may play an important role in establishing and enforcing collective standards for appropriate behavior. We examine these functions in the decentralized administration of United States organic food certification, focusing on two relevant professional associations – the Accredited Certifiers Association and the International Organic Inspectors Association. Drawing on multiple methods, including interviews and survey data, our findings indicate that professional organic certification associations provide valuable education and training, disseminate information, and facilitate knowledge sharing among administrative entities and with regulatory authorities. We conclude with a discussion of the prospects and limitations of professional associations for third‐party regulation, and how accounting for professional association functions can improve our understanding of regulatory intermediary coordination and conduct.     

Opaque transparency: How material affordances shape intermediary work

How do the material aspects of intermediary work affect regulators, targets, and beneficiaries? To shed light on this question, we studied an information intermediary in the form of a website and the organizations who founded it. Specifically, we analyzed FracFocus, a self‐regulatory initiative with strong industry ties, charged with disclosing data pertaining to the chemicals used in oil and gas wells completed using hydraulic fracturing technology (fracking) in the United States and Canada. We found that between 2010 and mid‐2017, the vast majority of legislation in states and provinces where fracking actively occurred was updated to mandate or encourage disclosure via FracFocus, meaning that it had a considerable effect on the trajectory of official regulation on fracking disclosure. We also found that FracFocus disclosed important data but did so in a manner that limited accessibility and reduced the comprehensibility of environmental and public health risks to beneficiaries. Our analysis suggests that the public's experience of such a device is one of opaque transparency, in which the line between official and non‐official regulation is blurred. We traced these outcomes to the material affordances created by FracFocus.     

信访困境的形成机制与应对策略

以"行为—过程范式"为分析视角,有利于更清晰地理解信访困境的形成机制。以"法治是地方性知识"与"相对合理主义"为应对信访困境的理论基础,可以发现关注信访制度的定纷止争功能,依靠权威力量进行纠纷化解,加强对于公权力的规制,注重成功经验的法治化是突破信访困境的可行出路。     

政府数字化转型影响因素分析

我国正处于推进国家治理现代化和新一代信息技术革命的交汇期,推动政府数字化转型是实现国家治理体系和治理能力现代化的必然要求.本文借鉴既有研究,借助TOE框架,运用层次分析法和模糊综合评价法,从技术、组织以及环境层面对我国政府数字化转型的影响因素进行了分析和评价.结果 显示,政府数字化转型战略规划是推动政府数字化转型进程最...     

市场型金融创新法律监管路径的反思与超越

市场型金融创新凸显了规范与现实之间的冲突。无论是选择性监管路径,还是规则扩张式监管路径,抑或是以监管沙箱为代表的实验式监管路径,都不能很好地解决该冲突。以上三种路径,都是在“术”的层面上展开。为了超越以上三种路径,我国应在“道”的层面上进行理念与制度完善,即我国需要完善金融法治基础,建构金融法治哲学,制定《金融法典》或《金融法总则》,创新金融法的更新机制,创建市场型金融创新合法性裁定制度,完善市场型金融创新的法律责任,以便进一步提升我国对市场型金融创新监管的法治化水平。     

裁量基准的制度定位:理由的规范化

《行政处罚法》的新规并未直接揭示裁量基准的制度定位,学界目前依然存在着“依据论”与“理由论”两种观点。实际上,依据裁量基准的形式外观与现行立法的规范用语并不能证明裁量基准属于裁量行为的“依据”,相反,根据权源性标准和拘束性标准,可以得知裁量基准并非“依据”。同时,通过对裁量基准与裁量理由的实质分析,可以发现二者之间不仅有着理论上的同质性,而且存在着内容上的同构性。不仅如此,裁量基准的运行机制也进一步验证了裁量基准属于“理由”的判断。不过,裁量基准绝不是“理由”的等同概念,而是“理由”的一种规范化表达,“规范”的形式赋予了裁量基准独立的制度定位。     

The regulatory state in developing countries: Redistribution and regulatory failure in Brazil

Following the traditional doctrine of the “regulatory state”, regulatory agencies should be given very focused mandates and stay away from the politicized realm of distributive policies and decisions. An opposing perspective would state that if regulatory agencies can contribute to economic redistribution, positive results such as network expansion, economies of scale, and fiscal efficiency will ultimately lead to lower levels of regulatory failure. This article tests whether, in countries of high socio-economic inequality, such as Brazil, the active incorporation of distributive considerations by regulatory agencies leads to lower levels of failure. Through the analysis of the activities of seven Brazilian network regulatory agencies, the article develops theory-driven expectations and tests these expectations using crisp set Qualitative Comparative Analysis (csQCA). It concludes that not prioritizing redistribution is a necessary but not a sufficient condition for regulatory agencies' failure. In most types of failure, a lack of priority to redistribution leads to failure when combined with low regulatory capacity and low levels of competence.