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1.
邮政合同纠纷案件的处理出现分歧的原因,主要在于对邮政合同的含义、特征、功能等基本方面缺乏清晰认识以及完善的立法规定。因此,应加强邮政合同的研究和立法。根据世界各国邮政改革和发展的趋势以及我国的国情,应该将邮政合同仅限定为邮政通信合同,使其成为实现邮政通信普遍服务的法律工具。邮政通信合同在性质上是一种民事合同,应将其纳入未来民法典合同则予以规定。在设计相关条款时,必须突出此种合同的法律特征,尤其要根据邮政通信企业的特殊性,对合同损失赔偿采用限额赔偿原则。  相似文献   

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Abstract

Contract cheating happens when students commission someone else to do assessed work for them. While it is already illegal in 18 jurisdictions, others are considering making the provision of contract cheating services illegal. To date, legal approaches to addressing contract cheating have faced little scrutiny in the peer reviewed literature. This article outlines some challenges with the legal approach to combating contract cheating. To this end it examines a segment of the contract cheating market to determine if contractors operate in localities where contract cheating services have been made illegal. The results suggest that contractors operate in plain sight, offering services to and from localities where services are prohibited by law. On the basis of the current challenges with enforcement of legal rules, this article recommends some alternative strategies for addressing contract cheating.  相似文献   

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可撤销合同在除斥期间,既非有效合同,亦非效力待定合同,更不是无效合同,而是一种相对有效的效力不完全的另类合同。即对有撤销权的一方当事人来说,合同属效力待定;而对另一方当事人来说,则属有效合同,对其仍有正常合同的约束力。  相似文献   

6.
刘慧频 《培训与研究》2010,27(4):76-79,95
随着我国教育体制改革的推进,公立高校教师任用制度已由传统的任命制转为现代的聘任制,而聘任合同制度是聘任制的核心。聘任合同是具有公法特性的本质上属于私法性质的人事合同,聘任合同的具体适用目前可以参照《劳动合同法》及《国家公务员法》的有关规定,但最终需要出台专门的法律法规。聘任合同的聘任期限等具体内容不能完全由高校和教师自由约定,须受到法律法规的适当限制。  相似文献   

7.
Contract cheating is the purchasing of custom-made university assignments with the intention of submitting them. Websites providing contract cheating services often claim this form of cheating is undetectable, and no published research has examined this claim. This paper documents a pilot study where markers were paid to mark a mixture of real student work and contract cheating assignments, to establish their accuracy at detecting contract cheating. Seven experienced markers individually blind marked the same bundle of 20 second-year psychology assignments, which included 6 that were purchased from contract cheating websites. Sensitivity analyses showed markers detected contract cheating 62% of the time. Specificity analyses showed markers correctly identified real student work 96% of the time. Our results contrast with contract cheating sites’ claims that contract cheating is undetectable. However, they should be taken with caution as they are from one course unit in one discipline.  相似文献   

8.
在基于内容的垃圾邮件过滤方法中,特征表达和分类算法十分重要,本文应用n-gram方法进行特征表达,以支持向量机(SVM)作为分类算法,并选取传统的人工神经网络(ANN)作为分类器作为对比,并采用不同大小的训练集和测试集来测试SVM及ANN的分类效果,观察训练集和测试集大小对于分类效果的影响。  相似文献   

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This study investigated the prevalence and practices of contract school psychological services in public schools. A survey was sent to all 121 school districts in a southeastern state, with 111 surveys completed for a response rate of 92%. Results indicated that most school districts did not believe that contracting is cost effective. The primary service provided by contractual service providers was triennial reevaluations. The administrator most often charged with the hiring and supervision of contract providers was not a school psychologist. The credential most often required of a contracting psychologist was a State Board of Psychology license, with only a few requiring documentation of relevant coursework or experience. The results of this study indicated that the most pressing concern for the profession of school psychology regarding contractual services is ensuring that contract services are provided and monitored according to appropriate standards of practice. © 2000 John Wiley & Sons, Inc.  相似文献   

10.
高校师生心理契约中教师期望效应的实证研究   总被引:2,自引:2,他引:2  
将高校教师与学生两个群体作为心理契约主体,开发一套测量心理契约的量表。运用T检验、相关性分析等方法,分析师生的调查数据,验证了高校师生心理契约中教师期望效应,解决了双向视角心理契约内容非唯一性问题。  相似文献   

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Objectives

This study examined the effects of individual and contextual factors on reentry into out-of-home care among children who were discharged from child protective services in fiscal year 2004-2005. The objectives were to: (1) examine individual and contextual factors associated with reentry, (2) explore whether there are meaningful groups of youth who differ in terms of risk for reentry, and (3) determine whether relatively homogeneous clusters of child welfare agencies, based on contextual characteristics, differ significantly in terms of the reentry rates of the children whom they serve.

Method

The study design involved a multilevel longitudinal analysis of administrative data based on an exit cohort. Two Cox proportional hazards multilevel mixture models were tested. The first model included multiple individual level predictors and no agency level predictors. The second model included both levels of predictors.

Results

The results of multilevel Cox regression mixture modeling indicated that at the individual level, younger age, being placed in out-of-home care because of neglect and having physical, health problems corresponded to a decreased likelihood for reentry. At the agency level, lower average expenditures per child and contracting out case management services were associated with faster reentry into out-of-home care.

Conclusions

This study demonstrates that children who reenter out-of-home care appear to be a homogeneous population and that reentry is associated with both contextual factors and individual characteristics.

Practice implications

The most important implication that can be drawn from the study findings is that reentry may be most effectively prevented by focusing on such factors at the organizational level as contracting out case management services and funding allocation. Child welfare agencies that are responsible for an array of services and decide to contract out case management should consider the use of performance-based contracts and emphasize and strengthen quality assurance approaches for contracted services. In addition, to compensate for lower funding allocated for children served in out-of-home care, child welfare workers should become more familiar with community resources and help connect families to these supports.  相似文献   

12.
论电信合同的法律特征及性质--从一起电信服务纠纷谈起   总被引:1,自引:0,他引:1  
电信合同是合同双方当事人忠实履行合同的凭证,又是解决电信纠纷的直接依据。电信合同具有双务性、诺成性、有偿性、持续性的法律特征外,也具有一般格式条款合同的特征。本文将从电信合同的法律概念、特征、性质等方面来探讨。  相似文献   

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本研究模拟远程学习者基于网络进行自主学习的情境,应用网站能力测试软件Web-CT 4.0,对我国网络学院网站的响应时间作了测试,同时利用SPSS软件处理测试数据。研究发现,2005年度我国网络学院网站性能有明显改善,性能优越的网站比例从2005年初的1/3上升到2006年初的2/3,学习者对网站服务的平均满意度从2005年初的基本满意上升为满意;但网站之间的性能差异较大,目前仍有15%的网站性能差或很差。从地区分布情况来看,上海、北京、湖北等地区总体水平较高,东北、陕西等地区总体水平较低。作者建议, 尽快出台相关学习支持服务标准,提高学习支持服务的效率。  相似文献   

14.
This paper presents a teaching and in-service training model for practitioners who provide services to the aging. The emphasis is on helping trainees to understand and to utilize the concepts of social networks and social support in their work with the elderly. The model was developed and tested through a statewide training program conducted by the authors under contract with the Commonwealth of Pennsylvania Department of Aging. The benefits and limitations of utilizing this model are reviewed and evaluated. The important of transferring findings to practice through in-service training strategies are also discussed.  相似文献   

15.
合同的效力为已经依法成立的合同所具有的当事人所必须承受的法律后果。合同的效力状态既包括完全符合生效条件的确定生效状态,及因撤销权人行使撤销权而使合同归于自始无效的相对有效状态;也包括违反法律、法规强制性规定的确定无效状态及主体资格存在缺陷可能转化为有效的相对无效状态。所谓的未生效,也是相对无效,可因批准、登记手续的补正转化为有效。应修正合同效力仅指生效合同法律后果的单一理解,以及传统的对于有效、无效的绝对、僵化的理解。  相似文献   

16.
Meeting Needs of Young Children at Risk for or Having a Disability   总被引:1,自引:0,他引:1  
Poverty-related factors place children at higher risk for disabilities and also serve as barriers to families accessing services for their children and themselves. Early childhood practitioners can play a critical role in supporting families by providing services to overcome these obstacles and by working in partnership with specialized early intervention programs to assure the families and children receive those services. Families (N = 3,001) enrolled in the Early Head Start (EHS) Research and Evaluation Project were randomly assigned to the program group (who received EHS services) or the control group in a rigorous, experimental design study in order to evaluate program impacts. All participating families were living in poverty, included a pregnant woman or a child below age 1, and were eligible for EHS. The majority of children enrolled in the EHS Research and Evaluation Project was identified as having at least one of a great variety of disability indicators (e.g., family received Part C services, child has been diagnosed as having asthma). There was a very small number of families, however, actually enrolled in Part C services. Enrollment in EHS was associated with children being less likely to have cognitive or language delays and their families being more likely to receive early intervention (Part C) services and have Individualized Family Service Plans (IFSPs) when they needed them.  相似文献   

17.
定金是我国担保法所规定的一种担保方式,也是违约当事人违反合同的一种责任形式。定金在法学理论和法律实务中具有非常重要的地位。文章从定金的概念和分类、定金合同的法律特征、定金与预付款的区别、违约定金罚则的适用等几个方面进行了讨论,澄清了实践中的一些认识,对有关当事人在实践中适用定金时具有一定的借鉴和指导意义。  相似文献   

18.
Abstract

This article reports on one aspect of a nationally funded research project on contract cheating in Australian higher education. The project explored students' and educators’ experiences of contract cheating, and the contextual factors that may influence it. This article reports the key findings from non-university higher education providers (NUHEPs). It compares survey responses from 961 students and 91 educators at four NUHEPs with previously reported findings from eight universities (14,086 students and 1,147 staff). NUHEP and university students report engaging in contract cheating in similar ways. However, while NUHEP educators spend more time teaching academic literacies and discussing contract cheating, NUHEP students are 12 times more likely than university students to report use of a professional academic writing service. Both NUHEP and university educators require systematic professional development regarding the relationship between the teaching and learning environment and students’ contract cheating behaviour. NUHEPs need to be cognisant of students’ vulnerability to commercial contract cheating services, and ensure they have access to timely academic and social support.  相似文献   

19.
This research paper seeks to re-frame student services policy-making by providing traditionally-aged university students with a speaking position in the formulation of the contractual arrangements that affect them and bind them into adulthood. My involvement as a student services educator, policy-maker, and researcher is the unifying thread throughout this inquiry. The ambiguous context of adulthood for first year students within the historical and interlocking categories of social contract and medieval carnival provides the theoretical framework. These categories provide the basis of my critical narrative inquiry into transgression: my autobiographical remembrances of the contract-carnival interplay of student drinking in a Canadian university; and my reconstruction of a dialogically-generated drinking story from my research site in a UK university. This critical narrative inquiry supports my conclusion and action plan for inclusive, dialogical policy-making that engenders the telling of transgression through stories of carnival. I further conclude that the student services educator must take leadership responsibility for initiating this policy-making intervention that bridges carnival and contract, and that provides occasions for first year students to narrativize adulthood.  相似文献   

20.
重视施工图设计、施工合同、工程变更的审计,加强图纸设计、工程变更签证的管理,能有效地减少施工合同的疏漏,防止施工图纸设计的错、漏、缺现象的发生.严格规定由甲方、乙方、监理、审计四方都确认并签字的合同、签证才有效.只有这样才能切实发挥建设投资的整体效益.  相似文献   

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