论宪法中的行政诉权

中国宪法第41条中的“控告权”不等同于、但包含了“行政诉权”的内涵。宪法中的行政诉权具有两种属性:一是作为公权利的“监督权”，二是作为私权利的侵权后的“救济权”。前者是政治性权利，也是实体性权利，后者是非政治性权利，是典型的程序性权利。这意味着人们长期把行政诉权仅仅作为一种救济权或程序性权利有失偏颇。为了规范行政诉权行使的秩序，行政诉讼法对宪法中的行政诉权在内容上进行了缩限，并在权利的外在形式上体现出程序性特征，但这不意味着行政诉讼法中的行政诉权所继受的权力属性有所改变。     

Disaster Relief as Social Action: A Weberian Look at Postdisaster Donation Behavior

Disaster relief involves a broad range of participants, which often results in a disjunction between actual disaster needs and the perception of appropriate strategies in relief provision. This research examines data collected through interviews with donation drive operators responding to Superstorm Sandy in 2012 and the May 2013 Oklahoma tornadoes. Using Weber's ideal types of social action to understand motivations for engaging in disaster relief, this article argues that motivations for participating in and organizing such drives influence donation strategies, and these motivations can be used to explain persistent donation of nonuseful materiel items. Findings indicate several different motivations for involvement and that donation type appeared linked to motivation. We suggest that motivation for engaging in social action is a valuable approach to better understanding donation behavior and, consequently, addressing the social problem of materiel convergence in the postdisaster environment.     

Enduring not enjoying? Emotional responses to studying abroad among Danish and Chinese students

ABSTRACT

Students’ emotions during stays abroad have mainly been treated as ”culture shock”, where difficulties are interpreted as universal ”stages” towards ”adaptation”. This paper explores how students from different cultural and educational traditions experience studying abroad differently. The study presents a qualitative study of 18 Danish and Chinese students in Chinese and Danish universities and situates itself within the literature on culture shock, student emotions and study-abroad experiences. The study exposes the students’ complex emotions throughout their studies abroad and explains how these emotions relate to processes of self-formation, professional and academic development, increase or decrease in freedom, and student agency.     

Occupational mobility and cognitive ability: A commentary on Betthäuser,Bourne and Bukodi

This commentary critiques Betthäuser, Bourne and Bukodi's (2020) paper which finds that cognitive ability does not substantially mediate class of origin effects on educational and occupational outcomes. From these results, they conclude that cognitive ability is only of minor importance for social stratification, reasserting their view of the primacy of class origins for social stratification. The central issue surrounding cognitive ability in social stratification is its effects on socioeconomic attainments vis-à-vis socioeconomic origins, not the extent that cognitive ability mediates classorigin effects. Their analytical strategy of estimating the extent that cognitive ability mediates class origineffects is misleading because: it ignores the only moderate associations of socioeconomic origins with educational and occupational outcomes; the stronger direct effects of cognitive ability; the associations of parents’ ability with their own socioeconomic attainments; and the genetic transmission of cognitive ability and other traits relevant to social stratification from parents to their children.     

Textbook Affordability in the Time of COVID-19

Abstract

This article provides a background of the textbook affordability problem affecting students attending United States higher education institutions, both prior to and during the 2019 novel coronavirus disease (COVID-19) pandemic, as well as potential solutions to the problem. Solutions discussed include the availability of open materials in online repositories, publisher responses like inclusive access, institutional incentive programs, and initiatives by library consortia or other statewide programs. The responses of various stakeholders to make textbooks accessible to students during the pandemic are also covered.     

Children’s educational attainment,occupation, and income and their parents’ mortality

Using data from Finland, this paper contributes to a small but growing body of research regarding adult children's education, occupation, and income and their parents' mortality at ages 50+ in 1970–2007. Higher levels of children's education are associated with 30–36 per cent lower parental mortality at ages 50–75, controlling for parents' education, occupation, and income. This association is fully mediated by children's occupation and income, except for cancer mortality. Having at least one child educated in healthcare is associated with 11–16 per cent lower all-cause mortality at ages 50–75, an association that is largely driven by mortality from cardiovascular diseases. Children's higher white-collar occupation and higher income is associated with 39–46 per cent lower mortality in the fully adjusted models. At ages 75+, these associations are much smaller overall and children's schooling remains more strongly associated with mortality than children's occupation or income.     

Bi-objective multi-resource scheduling problem for emergency relief operations

Abstract

Resource scheduling for emergency relief operations is complex as it has many constraints. However, an effective allocation and sequencing of resources are crucial for the minimization of the completion times in emergency relief operations. Despite the importance of such decisions, only a few mathematical models of emergency relief operations have been studied. This article presents a bi-objective mixed integer programming (MIP) that helps to minimize both the total weighted time of completion of the demand points and the makespan of the total emergency relief operation. A two-phase method is developed to solve the bi-objective MIP problem. Additionally, a case study of hospital network in the Melbourne metropolitan area is used to evaluate the model. The results indicate that the model can successfully support the decisions required in the optimal resource scheduling of emergency relief operations.     

就业优先:以"公平而有质量"的教育 在民族地区阻断贫困代际传递

“发展教育脱贫一批”是在民族地区实现共同富裕的重要方针。然而在“教育改变命运”的共识之外，布迪厄认为教育一代代地维持着对社会中下阶层的不公平的“文化再生产”理论，被一些学者应用于对我国少数民族教育的研究。如在“三区三州”等民族地区，代际间的贫困传递难以阻断，因家庭文化资本弱势而造成子女求学、求职受阻，看似可用“贫困文化的再生产”予以概括，但笔者不同意直接套用西方理论认定中国存在“教育不公平”的论述。因为我国社会实际与布氏提出“学校教育再生产社会阶层结构”观点之环境不同，有多项教育政策在切实保障着少数民族通过“教育改变命运”——当前在我国民族地区实现教育公平的主要障碍，并非 “文化再生产”的结构性阻力，而在于就业环节的阶段性困难。教育公平可分为起点、过程和结果三个环节，民族地区经多年教育扶贫，“起点”入学机会和“过程”教育质量已明显改善，而作为“结果”的就业环节亟待改善。以“就业优先”方针多渠道扩大少数民族就业，可激发内生动力、促进市场融入、巩固减贫成效和精准防控返贫，是助少数民族自主掌握教育“社会阶梯”和阻断贫困代际传递的有效路径。     

电子校务在地方高校考务管理中的应用现状及对策

电子校务是国家电子政务建设的重要组成部分，是学校应用现代信息化通信技术、借助互联网对管理和服务进行的优化和创新，电子校务在高校中的应用虽然取得了一定的成效，作为教务管理模块中的考务管理却鲜有被涉及。课程考试是我国高校教务管理工作中的一项重要工作，考务管理则是保证对学生进行有效考核的基础。因此，如何利用先进管理理念和信息化技术手段对考务管理模式进行优化，提高高校人才培养质量，已成为高校亟待研究、解决的问题。     

‘Car Talk’: automobility and Chinese international students in Michigan

The apparent conspicuous consumption of luxury vehicles by Chinese international students attending a public Michigan University provides an opportunity to examine the convergence of different ideas about automobility. Upwardly mobile Chinese families send their children to Michigan, a state with a tradition of auto-production, for educational opportunities not available in China. The resulting ‘car talk’ of local residents about Chinese students and their cars speaks to broader anxieties about Michigan’s shifting relationship to the global economy. However, the paper focuses on the meanings of auto-owning created by Chinese students who make decisions about the purchase and use of their autos within a social world oriented primarily to other Chinese students and societal ideas about auto-owning circulating among friends, family and society in China. For Chinese students, car owning encompasses meanings of status, safety and sociability that are created within the context of study abroad.