可宥性事由：体育竞赛“越轨”行为出罪的又一考量因素     

刘峰江 《河北体育学院学报》2020,34(6):9-16

可宥性事由源于英美刑事诉讼中的可抗辩事由，与正当化事由联袂构成行为出罪理论的基石。与正当化事由不同，可宥性事由已经僭越了法定的行为正当化条件，行为的违法性首先被肯定，只是在责任归属上寻求宽恕性处理。引入可宥性事由，可丰富体育竞赛行为入罪和出罪的相关内容，便于司法统一判定。分析认为，体育竞赛行为可宥性事由成立，要满足体育赛事本身具有合法性和正规性、主体仅针对运动员、行为局限于体育竞赛行为、违法目的“单纯”性、行为以“反规则”为前提等条件。入罪和出罪的类型化有利于定罪和量刑的规范化，分别对竞技伤害行为、滥用兴奋剂行为、假球等竞赛舞弊行为适用可宥性事由予以出罪抑或减轻处罚的情形进行具体分析。最后，指出体育竞赛运动员可宥性事由行为入罪不能忽视运动员自由保障的理念，且尽量避免选择性刑事司法。  相似文献   

The role of task and ego-oriented climate in explaining students’ bright and dark motivational experiences in Physical Education     

Luis García-González  Javier Sevil-Serrano  Angel Abós  Nathalie Aelterman  Leen Haerens 《Physical Education & Sport Pedagogy》2019,24(4):344-358

Background: A distinction is made in Achievement Goal Theory (AGT) between task-oriented (i.e. effort, intra-individual progress, and self-comparison) and ego-oriented (i.e. inter-individual progress and normative comparison) climates. Combining insights from AGT and Self-Determination Theory (SDT), studies in the PE context have shown that a task-oriented climate positively relates to need satisfaction, although the findings regarding the motivating role of an ego-oriented climate are inconsistent. Moreover, little is known about the role of task- or ego-oriented climates in explaining experiences of basic psychological need frustration.

Purpose: Grounded in AGT and SDT, the aim of the present study was to examine if experiences of basic psychological need satisfaction and need frustration can explain why task- and ego-oriented climates elicit positive and negative motivational outcomes in PE, respectively.

Research design: Cross-sectional study.

Method: A sample of 524 secondary school students (51.1% boys, M_age?=?14.51; SD?=?1.81) from five different secondary schools participated in this study. Students reported on their perceptions of task- and ego-oriented climates, motivational regulations, basic psychological need satisfaction, and need frustration, as well as positive and negative outcomes in PE. Structural equation modeling was used to investigate our objective.

Results: We found that a task-oriented climate had a strong and positive relationship with basic psychological need satisfaction, eliciting a bright pathway to autonomous motivation and affective attitude. An ego-oriented climate was positively related to basic psychological need frustration, eliciting a dark pathway to amotivation and boredom. A negative cross-path from task-oriented climate to basic psychological need frustration was also found, while no significant cross-paths were found from ego-oriented climate to basic psychological need satisfaction.

Conclusions: This study provides a better understanding of the mechanisms that explain why task- and ego-oriented climates shape students’ motivational experiences in PE lessons. It is suggested that a task-oriented climate elicits a bright pathway towards more optimal functioning, because it fosters experiences of need satisfaction and buffers against experiences of need frustration. In contrast, an ego-oriented climate is primarily positively related to feelings of need frustration and negative motivational outcomes. Practical implications for PE teacher training are discussed.  相似文献   

人与生产力     

刘世铨 《内蒙古师范大学学报(哲学社会科学版)》1996,(1)

历史是通过人的活动创造的，历史又有着自己的规律，人是在自己意识支配下活动的，历史却并不完全遵照人的意识。马克思主义不到人以外寻找历史规律，却又把人置于历史规律即生产力发展进程之中。人是生产力的创造者，生产力又创造着人。  相似文献   

课堂环境研究的现状、意义及趋势   总被引：11，自引：0，他引：11  

范春林  董奇 《比较教育研究》2005,26(8):61-66

文章在对国内外相关文献进行系统分析的基础上,对课堂环境的含义及其与相关概念的关系进行了辨析;回顾了国外课堂环境研究的状况;论述了课堂环境研究的现实意义;指出了现有研究的不足和未来研究的方向.  相似文献   

正义何以优先于效率——兼论罗尔斯的“正义原则”对我国制度改革的启示     

段江波 《华东师范大学学报(哲学社会科学版)》2006,38(3):80-85

正义与效率常作为评价社会制度合理性的关键词,罗尔斯经过严密论证表明了其"正义优先效率"的思想.他同时引进"差别原则"以结合"机会公平原则"尝试设计一个公正的社会体系以解决公平与效率的冲突.罗尔斯这种思想对现代中国的制度改革颇有借鉴意义.  相似文献   

Conservation Heating 24 Years On     

Nigel Blades  Katy Lithgow  Sarah Staniforth  Bob Hayes 《文物保护研究》2018,63(5):15-21

ABSTRACT

Control of relative humidity (RH) for collections care is challenging in U.K. historic houses because they are often highly ventilated with poor heat retention, a porous building fabric and naturally tend to high (60–80%) RH if unheated. The significance of the building means that large-scale modifications and installation of air handling systems may be unfeasible and undesirable for the conservation of the building. In the late 1980s the National Trust, for English, Wales and Northern Ireland, investigated conservation heating as an RH control method that works with the natural environment of historic buildings, mimicking historic heating and requiring only modification of existing heating services or a light touch installation of new heating systems. The National Trust adopted conservation heating as its preferred method for environmental control in historic buildings from the 1990s. This method was presented at the IIC 1994 Ottawa congress on preventive conservation. Conservation heating has since been adopted by many historic house management organisations, particularly across north-west Europe, where it is well suited to the climate. This paper reviews conservation heating developments implemented by the National Trust since 1994, in response to a changing external context, new knowledge and developments in operational practice.  相似文献   

Bringing the Law to the Library: The Importance of Librarian Mediation in Access to Justice Services     

Yolanda Patrice Jones 《Legal Reference Services Quarterly》2018,37(1):11-37

Library access to justice programs and services help people who need legal information and who cannot afford an attorney. Librarian mediation is a critical component in the provision of access to justice services. However, the value of library mediation, or assistance with using library resources, is often unrecognized, particularly where members of the public are trying to access electronic legal information sources, online legal forms, and other law technologies. This article will explore the role of librarians in providing access to justice services from the perspective of the work of Richard Susskind, which emphasizes technological approaches to providing legal services. While there is a place for technology in access to justice services, there is also a valuable role that librarians play in contributing to access to justice.  相似文献   

Restorative Practice in New Zealand Schools: Social development through relational justice     

Wendy Drewery 《Educational Philosophy and Theory》2016,48(2):191-203

This article proposes that restorative justice practices (RJPs), as used in New Zealand schools, are better understood as an instrument of social development than a behaviour management practice. Concerns about the achievement of Māori students are relocated, from an individualised psychological and pedagogical problem to an interdisciplinary context of historical and social development. Social constructionist theory is suggested as a lens through which RJPs in schools may be seen as the intentional production of respectful social relationships, rather than as behaviour management. A restorative process has the productive capacity to restore healthy relational functioning, both for those who have been offended against and those who have offended. It is argued that the primary function of restorative justice in schools is not about resolving specific conflicts, but rather, about the production and maintenance of respectful relationship, which is the antithesis of colonised relationship. Such a position reflects accountability on a communal, rather than individualised basis, and accords with recent moves in the United Nations Development Programme to look at Human Development as building agentive capacity.  相似文献   

Social relations as predictors of achievement in math in Kenyan primary schools     

《International Journal of Educational Development》2014

In sub-Saharan Africa, where there is limited financial and human capital, it is important to examine how social relationships may serve to promote or undermine human capital formation. However, little is known about the contributions of social relations to human capital development, especially in terms of academic achievement in Africa. This study examined how variations in key aspects of social relations among teachers; between teachers and students; between principals, teachers, parents and students affect achievement in mathematics among sixth graders in 70 schools in six districts in Kenya. We modeled mathematics achievement as a function of measures of social perception and support while adjusting for school-, classroom- and student level background characteristics. We found that net of teacher subject knowledge and background characteristics, teachers who display commitment to teaching by always correcting homework and keeping students engaged during math lessons had their students performing better. Teacher absenteeism and lack of interest in teaching were negatively associated with performance in math. Lack of parental involvement in the classroom also had negative effects on grades. At the school level, the level of engagement of the principal, measured by supervision of teachers and good interpersonal interactions with parents had positive effects on math achievement. Schools where parents provided material and financial support had better grades, while student delinquency and absenteeism negatively affected grades.  相似文献   

The Development and Evaluation of the Intersectional Privilege Screening Inventory for Use With Counselors-in-Training     

Danielle A. Pester  A. Stephen Lenz  Joshua C. Watson 《Counselor Education & Supervision》2020,59(2):112-128

As counselor preparation programs are compelled to demonstrate student social and cultural competence, valid inventories are needed to measure development consistent with contemporary standards. The Intersectional Privilege Screening Inventory was created for this purpose, was assessed using 4 types of validity evidence, and has results supporting its use in student development.  相似文献