考試院為因應政黨政治之來臨，及各界對行政中立之殷切要求，並能確保常任文官之永續發展，爰參考美國、日本等先進民主國家已實施多年之保障制度，建立我國公務人員保障制度，主要目的在使公務人員之合法權益能獲得公正合理之保障，以健全文官制度，並改善機關內部管理，使公務人員勇於任事，進而促進行政革新，提昇行政效能。然而，中西文化及民族性均不同，西方社會強調個人權利、尊重法治，我國則重視人倫秩序、避免衝突；西方人喜好訴訟，中國人則講求和諧；外國的制度有其時空性，與我國的時空不一定能結合，因此改進人事制度，除採取外國制度之所長外，仍應兼顧我國國情，參照歷史上優良傳統精神，配合當前客觀環境情勢，並顧及我國之民情。現行公務人員保障制度之設計是否周密完善、合理可行？公務人員合法權益能否獲得有效保障？公務人員對於我國初創之保障制度的看法與期待為何？值得吾人深入了解、探討與研究。 本文旨在探討我國公務人員權利保障有關事項，除有理論之探析外，並涉及實務之評述。全文共分六章，各章之內容為：第一章緒論，先對本研究作一整體綜合之介紹，包括本研究之動機、目的、方法與限制，並回顧及評述相關研究。第二章闡明公務人員權利保障之理論基礎，論述內容包括公務人員之定義、公務人員與國家關係之演變、保障性政策之法制規範及與權利保障之相關概念。第三章則討論保障制度之內涵，除介紹各國保障制度之概況外，並說明我國現行保障制度之設計，再就我國與各國保障制度之內容比較分析。第四章為保障案例之綜合分析，建制以來保訓會作成保障案件決定書已登載於考試院公報者，自八十六年五月至八十八年五月計有658件，除分析其爭執事由，審議決定理由外，並從「權利救濟」、「人事制度」與「人事政策」等不同觀點分析已發生之保障案件。第五章為調查研究，主要目的在了解我國公務人員權利救濟之實際現況，鑑於最接近問題的人最能了解問題，本研究爰以具有權利救濟經驗之公務人員為主要研究對象，此外，亦包含學者專家及主管機關之意見，調查方式包括問卷調查及深度訪談。第六章為結論，回顧本研究第二章至第五章所討論之內容重點及分析所得，評估現行保障制度實施得失之後，針對我國公務人員保障政策未來發展方向與具體作法提出建議，並就本研究相關主題提出未來進一步研究之展望。 目 錄 第一章 緒論…………………………………………………1 第一節 研究動機與目的…………………………………1 壹 研究動機……………………………………………1 貳 研究目的……………………………………………3 第二節 研究方法與限制…………………………………4 壹 研究方法……………………………………………4 貳 研究限制……………………………………………5 第三節 相關文獻檢閱……………………………………6 壹 相關研究之回顧……………………………………6 貳 相關研究之評述……………………………………7 第四節 研究架構與流程……………………………… 11 壹 研究架構………………………………………… 11 貳 研究流程………………………………………… 11 第二章 公務人員權利保障之理論基礎……………………14 第一節 公務人員與國家之關係……………………… 14 壹 公務人員之定義………………………………… 14 貳 公務人員與國家關係之演變…………………… 18 第二節 保障性政策之法制規範……………………… 21 壹 憲法層面之規定………………………………… 21 貳 人事法制之現況………………………………… 26 第三節 權利保障相關概念之探析…………………… 27 壹 權利保障之意涵………………………………… 28 貳 權利與義務……………………………………… 29 參 保障與淘汰……………………………………… 30 肆 權利保障與行政倫理…………………………… 31 第三章 公務人員保障制度之內涵……………………… 36 第一節 各國公務人員保障制度之概況……………… 36 第二節 我國公務人員保障制度之設計……………… 48 壹 保障機關之成立………………………………… 48 貳 保障法制之規範………………………………… 51 參 保障案件之審理………………………………… 54 第三節 我國與各國保障制度之比較分析…………… 55 壹 就制度設計之周密性而言……………………… 56 貳 就保障機關之獨立性而言……………………… 57 參 就實體保障之完善性而言……………………… 58 肆 就審理程序之民主化而言……………………… 58 第四章 保障案例之綜合分析………………………………60 第一節 保障案例爭執事由之分析………………………60 壹 再復審案件……………………………………… 61 貳 再申訴案件……………………………………… 62 第二節 保障案例決定理由之分析………………………64 壹 撤銷原因分析…………………………………… 65 貳 駁回原因分析…………………………………… 68 第三節 保障案例之側面分析………………………… 70 壹 權利救濟觀點…………………………………… 72 貳 人事制度觀點…………………………………… 73 參 人事政策觀點…………………………………… 73 第五章 調查研究結果與分析………………………………76 第一節 研究緣起…………………………………………76 第二節 問卷調查之過程與結果…………………………77 壹 問卷調查過程…………………………………… 78 貳 問卷調查結果…………………………………… 79 第三節 深度訪談之過程與結果…………………………87 壹 深度訪談過程…………………………………… 87 貳 深度訪談結果…………………………………… 88 第四節 調查研究之檢討分析……………………………98 壹 調查研究之檢討………………………………… 98 貳 調查結果之分析…………………………………100 第六章 結論……………………………………………… 103 第一節 研究發現……………………………………… 103 壹 有關理論基礎部分………………………………103 貳 有關制度內涵部分………………………………104 參 有關案例分析部分………………………………104 肆 有關調查研究部分………………………………105 第二節 政策建議……………………………………… 106 壹 現行制度之評述…………………………………106 貳 未來展望與建議…………………………………112 第三節 後續研究……………………………………… 119 參考書目……………………………………………………121 附錄一 公務人員權利救濟調查問卷…………………… 129 附錄二 調查對象基本資料與調查內容………………… 130 附錄三 公務人員保障暨培訓委員會組織法…………… 170 附錄四 公務人員保障法………………………………… 172 圖 目 次 圖1-1 我國公務人員權利保障法制研究之研究流程 ……12 圖1-2 我國公務人員權利保障法制研究之研究架構 ……13 圖3-1 英國公務人員申訴程序圖………………………… 37 圖3-2 英國公務人員協議及仲裁程序圖………………… 38 圖3-3 美國公務人員申訴程序圖………………………… 40 圖3-4 法國公務人員申訴程序圖………………………… 42 圖3-5 德國公務人員申訴程序圖………………………… 44 圖3-6 日本公務人員申訴程序圖………………………… 46 圖3-7 加拿大公務人員申訴程序圖……………………… 48 圖4-1 三層次分析架構圖………………………………… 72 表 目 次 表1-1 我國公務人員權利保障相關研究摘要一覽表………8 表1-2 我國公務人員權利保障法制研究之思考構想 ……11 表2-1 民主與傳統的行政倫理觀比較表 …………………33 表3-1 保障案件審議決定一覽表 …………………………54 表3-2 我國保訓會與美國功績制保護委員會之比較…… 57 / The examination Yuan of the Republic of China has established the Civil Service Protection System for protecting the rights and interests of public servants in his country. The design of this system is referred to the United States and Japan. However, the backgrounds of these countries and R.O.C. are different. The Civil Service Protection System should be designed to suit for his own culture, and then it could be effective. This research analyzed the main content of the system and to examine how the system operates. The structure of this research is introduced in Chapter 1. We discussed the concept about the right protection of civil servants. The content of the Civil Service Protection System in different countries is explained in Chapter 3. We analyze 658 cases handled since the system was established in 1996. We reviewed and discussed the research on mail, telephone and interview survey in Chapter 5. Based on study findings, suggestions are offered in Chapter 6 to improve the current Civil Service Protection System in the Republic of China.

Child protection is the process that aims to find, investigate and help maltreated children. In many countries this process is initiated by professionals who compile mandated reports that are then submitted to a designated agency that in many cases is part of a separate child protection system. In Sweden there is no separate child protection system. In Sweden, the child protection process is part of the family-service organization system. The system has two main objectives, one is voluntary (provide family service), the other coercive (provide child protection). This system is administered by the municipal social services agencies (referred to throughout as Social Services). Aim: The overall purpose of this study was to gain knowledge of the child protection process in Sweden. The aim was two fold, one to carry out an in-depth study of a population of reports, the other to analyse the results of the findings in relation to the child protection system. The child protection system consists of elements outlined in the macro system: the underlying ideology and the framing of the problem, and the legislation, administration and the demands placed on professionals. Method: A total population of reports made to one municipality during 1998 was followed to a final decision. The reports were collected in 2000.´There were 1 570 reports made regarding 1 051 children, which composed 4 % of children age 0-18. This initial study was used in four papers where data were analysed covering four different issues. In 2003 a follow-up study was conducted in order to determine the extent to which the child appeared in the database of Social Services. In the first paper the children’s age, gender and contacts with Social Services were described as were the content of the reports and the outcome of reporting. The objective of the second paper was a description of the reporter, and the measurement of the extent to which the reports indicated child maltreatment. The third paper aimed at analysing how the first decision, the decision not to investigate reports, was made in the child protection process. Then a re-evaluation of these decisions was made to see how well the decision was justified. The contacts taken were described. In the fourth paper the influence of the socio-economic load on the child protection process was measured. Findings: Few reports (16 %) led to an intervention being provided, and 41% of the reports were not investigated further. In the follow-up study 61% of all 1 051 children appeared in the files of Social Services. As Sweden lacks a juvenile delinquency system these cases are automatically passed from the police to Social Services and are there registered as mandated reports. Hence the police became the largest report group of reporters, followed by professionals. Of the professionals’ reports 22 % were not investigated. In the follow-up study 53 % of these re-occurred at the Social Service and were then investigated. Seventy six percent of the reports not investigated were when re-evaluated found to indicate child maltreatment. The social worker used the parents as the main source for information in 74 % of the cases. The social worker did not contact the child at all in 53 % of the cases and only nine of the reporters were contacted. In the follow-up study 45 % of the children investigation re-appeared in the files of Social Services. Children from high socio-economic load districts were more often reported than those from middle or low (4.3%, 3.1% 2.3%). The socio economic load when measured in logistic regression was not found to correlate with the decision to investigate. A main finding in this study was that the child protection process was difficult to separate from other systems within the family service. This makes it much more difficult to evaluate the child protection process. The reports filed by professionals were not investigated adequately, and the lack of criteria of specifying how reports are to be evaluated creates a risk that maltreated children will not be found. The professional reports were handled in a way that increased the risk that professionals will have negative experiences with Social Services that consequently can lead them to refrain from filing eports. Conclusion: These findings suggest the following: Pass new legislation that makes it easier to separate each of the three systems from the other. Create a national database in which data on the handling of child-protection cases is systematically recorded. Develop a national reporting form that is to be used by all who file mandated reports of suspected maltreatment. Create clear criteria that specify how a report is to be handled to ensure that the reporting professionals are met with appropriate respect and that the quality of the decisions is guaranteed all over the country.

The objective of this thesis is to predict shape change due to ablation and to find temperature distribution of the thermal protection system of a supersonic vehicle under aerodynamic heating by using finite element method. A subliming ablative is used as thermal protection material. Required material properties for the ablation analyses are found by using DSC (Differential Scanning Calorimetry) and TGA (Thermogravimetric Analysis) thermal analysis techniques. DSC is a thermal analysis technique that looks at how a material&#039 / s specific heat capacity is changed by temperature and TGA is a technique in which the mass of a substance is monitored as a function of temperature. Moreover, oxyacetylene ablation tests are conducted for the subliming ablative specimens and measured recession values are compared with the analytically calculated values. Maximum difference between experimental results and analytical results is observed as 3% as seen in Table 7. For the finite element analyses, ANSYS Software is used. A numerical algorithm is developed by using programming language APDL (ANSYS Parametric Design Language) and element kill feature of ANSYS is used for simulation of ablation process. To see the effect of mesh size and time step on the solution of analyses, oxyacetylene test results are used. Numerical algorithm is also applied to the blunt-nosed section of a supersonic rocket which is made from subliming ablative material. Ablation analyses are performed for the nose section because nose recession is very important for a rocket to follow the desired trajectory and nose temperature is very important for the avionics in the inner side of the nose. By using the developed algorithm, under aerodynamic heating, shape change and temperature distribution of the nose section at the end of the flight are obtained. Moreover, effects of ablation on the trajectory of the rocket and on the flow around the rocket are examined by Missile DATCOM and CFD (computational fluid dynamics) analysis tools.

This thesis examines how perturbing selected adversary capabilities in a design basis threat (DBT) may affect the assessment of a facility's security system performance. We found that using a strictly defined DBT to design and analytically test facility security systems can lead to invalid assessments that security measures are meeting standards. Design Basis Threats are intended to represent the most severe yet realistic attack a facility might face. However, the static nature of the standard DBT makes it unable to test the performance of a facility security system in the case where a specialized adversary may possess different capabilities than defined in the DBT. Our analysis of security system performance for various modeled facilities revealed significant vulnerabilities to certain perturbations of adversary capabilities. These vulnerabilities went undetected when the original strictly defined graded DBT was used in the assessment procedure. By maximizing one adversary capability at the expense of others, a specialized adversary force was able to efficiently defeat each facility. To address this problem, we proposed employing a so-called "point-based" DBT as an alternative to the existing strictly defined DBT. In a point-based DBT, multiple scenarios are assessed that test different sets of adversary capabilities to better uncover and understand any security system vulnerabilities that may exist. We believe the benefit of identifying these site-specific security vulnerabilities will outweigh the additional cost of generating a point-based DBT, especially if the vulnerabilities are identified during the initial design of the security system.

Orientador: Fábio Bertequini Leão / Resumo: Com a crescente utilização de fontes renováveis de geração de energia por parte dos consumidores de energia elétrica, há a necessidade de se avaliar quais serão os impactos da conexão destes geradores no sistema de distribuição. De modo geral, um sistema onde há geradores distribuídos (GDs) conectados apresentará alteração na corrente de curtocircuito devido ao aumento do nível de tensão. A mudança na corrente de curto-circuito que passa pelos dispositivos de proteção pode leva-los a atuações indesejadas, a atuações descoordenadas e a não atuarem. Para observar com maior detalhe o que ocorre no sistema quando são inseridos GDs, desenvolveu-se neste trabalho equações que descrevem principalmente a corrente de curto-circuito de um sistema para este cenário. Com isso pode-se observar qual a relação que a corrente na saída da subestação possui com as outras variáveis do sistema (correntes das cargas, das gerações e impedância das linhas do sistema), pois o local onde a GD é inserida pode causar efeitos distintos na corrente da subestação. Considerando que o maior número de GDs conectados no sistema brasileiro é do tipo solar, geradores fotovoltaicos, este trabalho traz uma análise para este tipo de gerador conectado no sistema. Este tipo de geração é interessante também pelo fato de utilizar inversores para a sua conexão com a rede. Para observar este comportamento são utilizados três sistemas testes, o primeiro apresenta 17 barras e a análise é realizada em baixa tensão, o segun... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: With the increasing use of renewable energy sources by electricity consumers, it is necessary to evaluate the impact of the connection of these generators to the distribution system. Generally, a system where there are connected distributed generators (GDs) will show a change in the short-circuit current due to the increased voltage level. The change in the short-circuit current that passes through the protection devices can lead them to unwanted actions, uncoordinated actions and not acting. To observe in more detail what happens in the system when GDs are inserted, we have developed in this work equations that mainly describe the short-circuit current of a system for this scenario. Thus, it is possible to observe the relation that the current in the output of the substation has with the other variables of the system (loads, generators and impedances of the system lines), because the place where the GD is inserted can cause different effects in the substation current. Considering that the largest number of GDs connected in the Brazilian system is of the solar type, photovoltaic generators, this work brings an analysis for this type of generator connected in the system. This type of generation is also interesting because it uses inverters for its connection to the network. In order to observe this behavior, three test systems are used, the first presents 17 buses and the analysis is carried out at low voltage, the second is the IEEE 13 bus system, where the influence on the m... (Complete abstract click electronic access below) / Mestre

Orientador: Dirce Djanira Pacheco e Zan / Tese (doutorado) - Universidade Estadual de Campinas, Faculdade de Educação / Made available in DSpace on 2018-08-25T03:29:35Z (GMT). No. of bitstreams: 1 Possato_BeatrisCristina_D.pdf: 3464892 bytes, checksum: bd8c14e539a4801a50d6d305ffd79c4f (MD5) Previous issue date: 2014 / Resumo: Esta pesquisa propõe um estudo de abordagem qualitativa, tendo como referencial metodológico a pesquisa etnográfica em uma escola pública estadual, de Campinas - SP. Partindo da aproximação com a realidade a ser investigada, conhecendo aspectos da comunidade atendida e dos sujeitos que constituem essa instituição, o intuito foi observar a inserção e atuação do Professor Mediador Escolar e Comunitário (PMEC) na escola investigada. Esse profissional representa a figura central de um programa da Secretaria de Educação do Estado de São Paulo (SEESP), o "Sistema de Proteção escolar" (SPE), que tem como propósito amenizar as violências escolares. A pesquisa etnográfica propôs a compreensão das práticas, das funções, da formação, das ações educativas e dos sentidos do PMEC para esta instituição, analisando seu papel perante as violências escolares. A busca era, igualmente, de perceber as relações e a atuação deste profissional junto aos sujeitos da pesquisa, realizando entrevistas com representantes da SEESP, da equipe gestora, da equipe docente e discente, problematizando o desenvolvimento do SPE. Para alcançar esse intento, houve a permanência durante um ano letivo na escola, observando os sujeitos da pesquisa nos diversos espaços, como pátio, sala de aula, entre outros, além de acompanhar intensamente as atividades da PMEC. Para os registros dessa observação o diário de campo foi utilizado como instrumento principal e os documentos da escola, utilizados para complementar os dados do campo. A pesquisa etnográfica permitiu que múltiplas facetas do campo fossem desvendadas pouco a pouco e que as relações humanas naquela escola fossem observadas do ponto de vista dos sujeitos escolares. Foi possível constatar que o PMEC possuía uma condição de trabalho aviltante, que não lhe permitia construir sua função, assumindo vários papéis que não eram os seus. Ademais, assumia uma função mais punitiva, burocrática, do que mediadora. Havia um desmonte da coletividade na escola, dos espaços de trabalho coletivo e delegava-se a um único sujeito a responsabilidade pela convivência e pelas violências escolares. O absenteísmo dos professores e funcionários, a escola vista como uma organização burocrática, diversos problemas e descontentamentos, faziam parte da estrutura escolar. Estrutura essa, que demonstra uma política de aparência cuja preocupação principal seria responder à sociedade sobre os casos de violência destacados pela mídia e que efetivamente, não permite que um programa de Mediação de Conflitos escolares ou qualquer outro programa, que busque amenizar as violências escolares, seja bem sucedido. / Abstract: This search is a qualitative study and it has as ethnography research methodology referential a public school in Campinas - SP. The search tries to be as close as it can with the reality, to be investigated as to get to know the community where the school is and the people who are part of it. The intention with the observation was watch how the School Teacher Mediator (PMEC)* is integrated and acts in the investigated school. This position represents the central person in a program created by the Department of Education of the State of São Paulo (SEESP)*, the "School protection system" (SPE)*, it has the purpose to reduce the school violence. The ethnography research offer the understanding about the practices, the function, the formation, the actions about education and the PMCE senses for the institution analyzing how it acts against school violence. The investigation equally explores the relation and the action of the professional with the research subjects, making interviews with SEESP representants, the management team, teaching and student team, questioning the SPE's development. To achieve this purpose there was permanence at the school in a whole year, watching the research subjects in different spaces, like courtyard, classroom, among others, in addition to permanent follow of actives from PMEC. For the registration of this observation the daily field had been used as principal instrument and the school documents had also been used as a complementation of the field. The ethnography research allowed that multifaceted field in this area had been unveiled little by little and the humans relations in that school had been seen from the school subjects. After it was possible to show, that PMEC have degrading job conditions, that situation didn't allowed them to be able to do their function, so they had to assume different papers. Moreover, assume a function more punitive, bureaucratic than mediator. There was a division in the community school, in the collective work space and all the responsibility for the familiarity and for the school violence. The absence of workers and teachers, the view of the school as bureaucratic, several problems and discontentment were part of the school structure. Structure that shows a police that the principal worry is answer to the population about the managers conflicts showed up through the media and not allows a real Mediation conflict school program or any other kind of program, to reduce the school violence problems, it will be successful. / Doutorado / Ensino e Práticas Culturais / Doutora em Educação

The Space Shuttle Columbia accident and the recent excitement surrounding Discovery's return to space brought excessive media attention to the foam products used on the External Tank (ET). In both cases, videos showed chunks of foam or ablative material falling away from the ET during lift off. This led to several years of investigation and research into the exact cause of the accident and potential solutions to avoid the problem in the future. Several design changes were made prior to the return to flight this year, but the ET still shed foam during lift off. Since the Columbia accident, the loss of foam on ETs has been a significant area of interest for NASA, United Space Alliance, and Lockheed Martin. The Columbia Accident Investigation Board did not evaluate alternative materials but certainly highlighted the need for change. The majority of the research previously concentrated on improving the design and/or the application process of the current materials. Within recent years, some research and testing has been done to determine if a glass microsphere composite foam would be an acceptable alternative, but this work was overcome by the need for immediate change to return the shuttle to flight in time to deliver supplies to the International Space Station. Through a better understanding of the foam products currently used on the ET, other products can be evaluated for future space shuttle flights and potential applications on new space vehicles. The material properties and the required functionality of alternative materials can be compared to the current materials to determine if suitable replacement products exist. This research also lends itself to the development of future space flight and unmanned launch vehicles. In this paper, the feasibility of alternative material for the space shuttle's external tank will be investigated. Research on what products are used on the ET and a set of functional requirements driving the selection of those materials will be presented. The material properties of the current ET foam products will be collected and an evaluation of how those materials' properties meet the functional requirements will be accomplished. Then significant research on polymeric foams and ablative materials will be completed to learn how these various products can be applied in this industry. With this research and analysis, the knowledge gained will be used to select and evaluate the effectiveness of an alternate product and to determine feasibility of a product change with the current ET and the importance of maintaining the shuttle launch schedule. This research will also be used to evaluate the potential application of the alternative product on future platforms. There are several possible outcomes to this research. This research could result in a recommended change to the ET foam material or a perfectly acceptable alternative material that could result in a cost or schedule impact if implemented. It is also possible that there exists no suitable alternative material given the existing functional requirements. In any case, the alternative material could have future applications on new space vehicles. A set of results from the research and analysis will be provided along with a recommendation on a future material for use on space vehicles.

This study researched the history of Space Shuttle Reusable Surface Insulation which was designed and developed for use on the United States Orbiter fleet to protect from the high heating experienced during reentry through Earth's atmosphere. Specifically the tile system which is attached to the structure by the means of an RTV adhesive has experienced situations where the bonds are identified as subnominal. The history of these subnominal conditions is presented along with a recent identification of a subnominal bond between the Strain Isolation Pad and the tile substrate itself. Tests were run to identify the cause of these subnominal conditions and also to show how these conditions were proved to be acceptable for flight. The study also goes into cases that could be used to identify subnominal conditions on tile as a non-destructive test prior to flight. Several options of non-destructive testing were identified and recommendations are given for future research into this topic. A recent topic is also discussed in the instance where gap fillers were identified during the STS-114 mission that did not properly adhere to the substrate. The gap fillers were found protruding past the Outer Mold Line of the vehicle which required an unprecedented spacewalk to remove them to allow for a safe reentry through the atmosphere.

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This diploma thesis deals with contemporary family, in particular by ensuring the best interests of the child during the parents' divorce and post-divorce in care. The theoretical part introduces the characteristics of the contemporary family, as a result of socio-cultural development of society, and then attempts to put forward the concept of the current healthy family, as the possibility of a positive direction. It deals with the causes and manifestations of families at risk to stability, the question of divorce of parents in relation to a child after divorce and child care. It introduces the possibility of using supportive and protective services social and legal protection of children under current legislation. The subject of the practical work is still continuing casuistry's growing conflict divorce of parents, which resulted in threatening condition child's healthy development. The research focuses primarily on the way to fulfilling the practice of social and legal protection. Analyzes processes work, looking for the main obstacles to ensure the best interests of the child and trying to find possible solutions support and child protection. KEY WORDS
 The best interests of the child, a healthy family, divorce, social and legal protection, system connection