诉讼调解问题探讨     

徐国聪 《十堰职业技术学院学报》2010,23(6):69-72

诉讼调解在现行司法实践中发挥着举足轻重的作用,随着司法实践的发展,调解本身也暴露出一些自身难以解决的问题,诸如诉讼调解是否存在让无理一方获得不当利益、当事人是否真的享有完全意思自由、调解能否实现公平正义理念、调解是否会导致恶意诉讼和虚假诉讼增加、调解会不会引发诉讼膨胀等。本文在讨论这些问题的基础上对诉讼调解应该坚持的原则进行梳理,即事清责明原则、合法性原则、可执行性原则以及程序正义原则。  相似文献   

我国民事调解制度的现状简析及改革浅见   总被引：2，自引：1，他引：1  

陈锋 《怀化学院学报》2006,25(3):56-58

通过对法院调解和人民调解的内涵及利弊的简要分析,提出对我国民事调解制度改革的一些思考。  相似文献   

Parental experiences of dealing with disputes in Additional Support Needs in Scotland: why are parents not engaging with mediation?     

Kevin Wright  Joan Stead  Sheila Riddell  Elisabet Weedon 《International Journal of Inclusive Education》2013,17(11):1099-1114

Partnerships with parents, particularly in the field of education, have featured prominently in policy rhetoric for many years, but routes of redress have not had much attention until relatively recently. The development of Alternative Dispute Resolution in the UK reflects the situation in several jurisdictions (e.g. Norway, Germany, the Netherlands) where citizens can choose not to go to court to resolve administrative disputes. Under the Education (Additional Support for Learning [ASL]) (Scotland) Act 2004 local authorities must establish and publicise procedures for identifying and meeting the needs of children requiring additional support for learning. The Act and Code of Practice advocate early intervention to prevent disagreements about the provision for additional support from escalating into more serious disputes, with local authorities required to provide information about, and access to, independent mediation for parents. In Scotland the ASL Act 2004 has resulted in four routes available for redress in the area of Additional Support Needs which include both mediation and litigation type processes: ? Informal mediation

? Formal mediation

? Adjudication

? Tribunal

This article uses case study information from parents in three local authorities in Scotland to explore why independent mediation is being under-used by schools and parents, and what factors influence this. Questions are raised regarding the large numbers of parents who are unaware of mediation, the attitudes towards and use of independent mediation by local authorities and the suitability of independent mediation, particularly when the dispute is over resources.  相似文献   

School emphasis on academic success: exploring changes in science performance in Norway between 2007 and 2011 employing two-level SEM     

Trude Nilsen  Jan-Eric Gustafsson 《Educational Research and Evaluation》2013,19(4):308-327

We study whether changes in school emphasis on academic success (SEAS) and safe schools (SAFE) may explain the increased science performance in Norway between TIMSS 2007 and 2011. Two-level structural equation modelling (SEM) of merged TIMSS data was used to investigate whether changes in levels of SEAS and SAFE mediate the changes in science performance. Two mediation models were fitted, one using subdomain scores of science as manifest dependent variables and one in which these scores are indicators of a latent science performance variable. The change in the latent science variable was fully mediated by SEAS, but this model did not explain changes in earth science performance, which increased more than the other subdomains. In the model with subdomain scores as manifest dependent variables, SEAS mediated the increased performance of all 4 subdomains of science. SAFE did not explain increased science performance but did have a positive impact on SEAS.  相似文献   

Improving forestry education through participatory curriculum development: A case study from Vietnam     

Peter Taylor 《The Journal of Agricultural Education and Extension》2013,19(2):93-104

Abstract

As agriculture and forestry practices change in different contexts, new requirements emerge for the development of education programmes. In forestry education there is a need for a shift of focus from technology towards an interdisciplinary approach based on a new range of knowledge, skills and attitudes, and drawing on new concepts of knowledge and learning. Increased participation of stakeholders in the forestry education process seems essential for this shift to take place, leading to greater empowerment, commitment, and more effective learning. This paper presents a case study of the Social Forestry Support Programme in Vietnam, in which participatory curriculum development (PCD) plays a fundamental part. Beginning with stakeholder identification and analysis, PCD provides an overall framework for educational development. Recognising constraints associated with the process, the paper describes strategies aimed at capacity building, management of stakeholder involvement, and planning and evaluation. As different stakeholders learn to learn together through discourse and interaction, the chances of sustainable outcomes from the PCD process should be improved. The dynamic and flexible nature of PCD suggests that there is considerable potential for its adaptation and application in a range of different contexts.  相似文献   

Accuracy of Estimates and Statistical Power for Testing Meditation in Latent Growth Curve Modeling     

JeeWon Cheong 《Structural equation modeling》2013,20(2):195-211

The latent growth curve modeling (LGCM) approach has been increasingly utilized to investigate longitudinal mediation. However, little is known about the accuracy of the estimates and statistical power when mediation is evaluated in the LGCM framework. A simulation study was conducted to address these issues under various conditions including sample size, effect size of mediated effect, number of measurement occasions, and R ₂ of measured variables. In general, the results showed that relatively large samples were needed to accurately estimate the mediated effects and to have adequate statistical power, when testing mediation in the LGCM framework. Guidelines for designing studies to examine longitudinal mediation and ways to improve the accuracy of the estimates and statistical power were discussed.  相似文献   

Estimation of Controlled Direct Effects in the Presence of Exposure-Induced Confounding and Latent Variables     

Tom Loeys  Beatrijs Moerkerke  An Raes  Yves Rosseel  Stijn Vansteelandt 《Structural equation modeling》2013,20(3):396-407

Estimation of the direct effect of an exposure on an outcome requires adjustment for confounders of the exposure–outcome and mediator–outcome relationships. When some of the latter confounders have been affected by the exposure, then standard regression adjustment is prone to possibly severe bias. The use of inverse probability weighting under so-called marginal structural models has recently been suggested as a solution in the psychological literature. In this article, we show how progress can alternatively be made via G-estimation. We show that this estimation method can be easily embedded within the structural equation modeling framework and could in particular be used for estimating direct effects in the presence of latent variables. Moreover, by avoiding inverse probability weighting, it accommodates the typical problem of unstable weights in the alternative estimation approaches based on marginal structural models. We illustrate the approach both by simulations and by the analysis of a longitudinal study in individiduals who ended a romantic relationship. In this example we explore whether the effect of attachment anxiety during the relationship on mental distress 2 years after the breakup is mediated by rumination or not.  相似文献   

论能动司法下法院调解的程序规制     

孟海燕  陈莎  王朝 《怀化师专学报》2013,(1):42-44

随着我国经济的迅速发展,法院以更加积极的姿态探索纠纷解决方式,在运用多元化手段解决纠纷的同时注重自身能动性,作为中国土生土长的诉讼调解制度在汲取了传统纠纷的解决理念基础上,顺应时代的召唤积极探索,一时引起了广泛关注和研讨。调解本身的特性决定了调解活动无法如审判活动般规范,但既是程序就一定有度,发现法院调解中的程序问题、论证调解程序化的必要性并进一步提出程序化措施,在司法能动提出的背景下显得非常必要。  相似文献   

论人民调解员的职业化     

李喜莲  黄帅 《怀化师专学报》2013,(12):59-61

人民调解员职业化的基本内涵是人民调解员应当具备一定的职业资质与技能,专门从事调解工作并从当地政府获得相应报酬。纠纷类型不断翻新、纠纷复杂化,对人民调解员职业化提出要求并提供了契机。人民调解员职业化是人民调解制度自身发展完善的内在要求,也是社会管理创新的重要内容。在确保人民调解员人民性的前提下,有条件的法律院校培养专业化的人民调解员,司法行政部门建立科学合理的人民调解员职称评审制度,并建立健全相应的财政保障制度是人民调解员职业化的可行路径.  相似文献   

From shanzhai chic to Gangnam style: seven practices of cultural-economic mediation in China and Korea     

Tommy Tse  Victor Shin  Ling Tung Tsang 《Journal of Cultural Economy》2020,13(5):511-530

ABSTRACT

This paper examines the social construction of ‘fashionability’ – namely, what is ‘desirable’ and ‘fashionable’ – with reference to the concept ‘cultural mediators’ that foregrounds agency, negotiation and the contested practices of market actors in cultural production. It zeroes in on the cultural mediators’ attitudes and positions in the two markets by drawing on 25 in-depth interviews with industry veterans. It shows that the mediators in South Korea and China increasingly occupy hybrid occupational roles and social positions across industries and sectors yet achieve limited success in countering the status quo of Western fashion through mediation. The analysis contributes to the literature with a categorisation of seven mediation practices that shape the valuation of fashion products (i.e. ‘fashionability’) in two ways. Empirically, this categorisation illuminates how cultural mediators make reference habitually to the broader social and cultural contexts to co-construct cultural-aesthetic objects. Theoretically, it advances a cultural-economic approach to the understanding of cultural mediation and challenges the reductionist viewpoint of actor–network theory through the notion of a matrix of cultural-economic agency.  相似文献