Thesis (MPhil (Curriculum Studies)--University of Stellenbosch, 2007. / A new Outcomes-based Education (OBE) system, as well as a new Further Education and Training (FET) framework, has been proposed by the government to address past inequalities and provide a skilled labour force. The introduction of OBE has necessitated a paradigm shift in both educational and assessment practices. The FET policies, led by the introduction of the Green Paper for FET in 1998, aimed to inform the FET institutions on the implementation of outcomes-based assessment. However, the implementation of these policies has posed many obstacles and challenges. Lecturers are unsure about the implementation strategies, and their attempts to cope with these uncertainties are seldom effective. Consequently, lecturers struggle to bring their assessment practices in line with the policies. This was the research problem of the study. The aim of the study was to determine discrepancies between the policies and the practices. The FET policies and related literature were consulted to determine how assessment practices should change. Subsequently, a questionnaire and focus group discussions were used to determine the current assessment practices of lecturers at the Klerksdorp campus of Vuselela College. Thereafter, the requirements of the policies and the current assessment practices of the lecturers were compared to determine the extent to which the lecturers had adopted the new assessment practices. Various discrepancies were found. The first discrepancy existed between the implementation strategies of the new FET curriculum and the actual implementation process at the college. No learnerships had been implemented in the N-courses and the implementation process had been delayed several times. A second discrepancy existed between the requirements for lecturers to be registered as assessors and the registration process. Lecturers completed the training courses but struggled to register as assessors. A bottleneck existed with the registration process because of the number of lecturers that had to be registered. In addition, the training did not provide the lecturers with sufficient knowledge to implement outcomes-based assessment while the training was presented on the wrong National Qualifications Framework (NQF) level. Another discrepancy existed with regard to the implementation of the learnerships and the implementation of outcomes-based assessment. Lecturers were only expected to implement outcomes-based assessment in courses where learnerships had been implemented. This meant that lecturers who lectured on N-courses were still required to use more traditional assessment methods. While some lecturers preferred paper-based assessment methods, other lecturers felt that the restrictions imposed by the DoE were depriving them of the opportunity to use more alternative methods. Problems such as an increase in the workload, administration and paperwork and learner numbers were also experienced. Regarding these discrepancies, it was firstly recommended that the DoE be realistic about implementation dates and be transparent about delays and problems. Lecturers could assist the DoE in the implementation process by writing unit standards. Secondly, it was recommended that the DoE should have an efficient structure in place to deal with the vast number of lecturers that would have to register as assessors. This can be done by employing extra human resources. Better training is necessary to support and empower lecturers to implement outcomes-based assessment. Thirdly, lecturers could be encouraged to implement the new assessment practices by giving them recognition for good work, providing them with assistance and appointing lecturers who act solely as assessors. These discrepancies are more related and the recommendations more useful to this particular college than the assistance that is provided by the DoE by making the college aware of the obstacles and challenges that the new assessment practices pose.

published_or_final_version / Transport Studies / Master / Master of Arts

Thesis (M.Pharm. (Pharmacy Practice))---North-West University, Potchefstroom Campus, 2008.

本研究以教育權為基本概念導向，除循此脈絡描述學校與學生間的法律關係外，並針對學生法制的一般法理內涵與校園實踐課題進行探討，除融合學校教育功能與學生學習主體之理念內涵外，並由此導引出適用於中小學教育場域的學生法制運作模式。經由文獻分析與實徵調查過程，乃歸納出下列八項研究結果： 一、教育權即人民之教育權利，其係以受教育權為其核心概念；復因教育權係以學習權為其本質，故若使用學習權取代受教育權或教育權之用語，將更能顯現以人民為教育主體的積極意涵。 二、「人民為教育權主體」所稱之「人民」，乃係專指受教育者而言，除此而外的其他人民，則僅具有教育輔助者之地位；因此，教育基本權的功能開展，理應藉由學生對於組織程序之參與，積極促進教育效果之實現。 三、現代社會中的任何生活領域，均不可能自外於國家法律之拘束，故學生與學校間的在學關係應被視為一般法律關係，而無須另覓他說；此外，學生法制除應具備保障學生學習權的功能外，更須同時兼顧教育目的與效果之實現。 四、在現代民主法治的概念基礎上，法律本具有保障人民權利暨促進社會正義的意涵，故將校規的法律性質視為法規範，不但能嚴格保障學生之基本權利，透過組織程序之參與，亦能同時確保學習者的教育主體地位。 五、學生法制本屬整體社會法制之一環，故自須實踐以民主法治精神為依歸的基本法理原則，然基於教育專業之特質與需求，相關法理原則的規範密度，亦得因事務性質之不同，而容有嚴密或寬鬆之區別。 六、基於現代法制維護人性尊嚴與彰顯自然正義之普遍立場，除須藉由法制設計，強化中小學學生參與學校組織程序之領域空間，在實際運作的校規層面上，亦應於修訂、執行、與救濟等相關程序中，適度賦予學生參與之機會。 七、依據教育措施作成名義之不同，總結性成績評定與學校懲處處分，不但要求較高之法律保留密度，並須依其嚴重程度踐行相對正當程序，而受處分之學生亦得依法提起校內申訴以謀求救濟；至若歸屬教學自主之形成性成績評定與教師管教措施，雖無具備嚴格法律保留與正當程序要求之必要，然基於權利救濟原則與實現教育目的之雙重考量，法制或學校亦應就此主動建構合宜的校內陳情管道。 八、就當前的中小學學校環境而言，與其強調學生參與校務之形式設計，不如切實賦予實質討論之參與機制；此外，現階段雖或無成立「學生獎懲委員會」的迫切需求，但為整合中小學校規運作上之實體效果暨程序正義，校內申訴制度卻有切實運作的必要。 近年來，隨著相關教育法制的愈趨健全，教育目的之實現與學生權益之保障，將愈有相得益彰的平衡發展傾向；為落實現代法治國的學生法制理念，本研究建議單獨制定「學生法」，以同時針對各類級學校學生法制事項，進一步予以原則性暨程序性的規範。但無論法制形式如何，當相關法律不斷與時俱進之際，各級教育行政主管機關亦須配合上位法令之變遷，積極增訂、修正、或廢止相關業管法令，以避免因過分延宕而架空法治國基本原則。 此外，當各縣市對教育事務擁有更多自主權限的同時，各級教育行政主管機關除應以「合法性監督」取代事必躬親之心態外，地方教育行政主管機關亦應將此等法令上的「分配利益」，適切轉化為學校或教師的專業裁量空間，以進一步確保教育多元發展、學校本位經營、與學生學習權的充分保障。 最後，無論是法令已為規範、未予規範、或規範不足之處，學校均應啟動其內部專業組織，以進行專業判斷、採行專業措施，並妥適強化校規制定、獎懲作成、與申訴救濟之程序，除藉此展現校規所具有的學校特色外，更能據此發揮校規因地制宜與適應學生個別差異之教育內在需求。 / This study is based on the basic concept of the rights of education. Apart from the description of the relation of law between students and schools, this study emphasizes on the system of law for students to explore the general connotation of law and the school law implementation on campus. Besides the concept of the function of education and the students, this study intends to develop an operation model of system of law for the primary and secondary education arena. This study derives the conclusion through the analysis of literature and the field study. 1. Rights of education are the rights of the people based on the core concept of being educated, and the nature of education rights is from the rights of learning, so we use the term of rights of learning instead of using rights of being educated or the rights of education to emphasize on the active connotations that people are the main body of education. 2. In the “people are the main body of education”, “people” here refer to those who are being educated and the others only have the assistants status of education, so the development of the function of basic education rights should be participated by students to make school procedures to have better education effect. 3. In modern society, any aspects of live can not avoid the restrictions of law, so the relation between students and school should be regarded as the relation of the general law and there is no need to find any other explanations. Besides, the system of law for students is not only to protect the function of the rights of learning but also to achieve the goal and effect of education. 4. Based on the concept of modern democracy and law, law itself has the connotation of protecting the rights of people and of improving the social justice, so we take school regulations as the norm of law so that it can strictly protect students’ basic rights and through the participation of making school procedures, students can ensure their status of being the main body of education. 5. Students’ system of law is a part of the system of law of the society; it should be implemented based on the spirit of the basic principles of democracy. However, based on the need of the educational expertise, the related principle of law and regulations can be loose or strict according to different situations. 6. The concept of modern regulations and laws is to protect human dignity and natural justice, so when designing the regulations and laws, students’ participation in making school procedures should be strengthened and they should involve in actual operation of school regulations especially to take part in the process of revising regulations, implementing school laws, and remedy. Students should have more opportunities for participation of school affairs. 7. According to the education measures, the summative test and the school measures of punishment are not only required higher law criteria, but used relative procedures of justice to implement school laws, and the students who are punished can pledge based on the school laws to seek remedy. As for the autonomy of school in the measures of teaching and the ways of formative test are not required due process and strict laws, but under the consideration of principle of remedy of rights and the goal of education, school should provide ways for students to pledge to seek remedy. 8. In the present primary and secondary school environment, it is better to let students to have actual discuss and participate the school affairs and not to emphasize on the students’ participation in designing the school affairs. Although there is no urgent need to form a “committee of awards and punishment for students” for the time being, it is necessary to form a mechanism for students to have ways to pledge in order to ensure the effect of school regulations and the justice of procedures. Along with the better development of the related regulations and laws of education, the purpose of education and the protection of students’ rights will be achieved. In order to ensure the concept of school regulations and laws, this study suggests to make a unique “student law” and in the meantime, to develop a norm of school regulations and general procedures for all level of schools. However, no matter what the form of school regulations and laws are, when the related laws change constantly, all levels of administrative organizations should have the regulations and school laws amended, revised, or abolished in order to cope with principle of the law. Besides, as the local government has the autonomy in education affairs, all levels of the administrative organizations should use “lawful supervision” instead of “reasonable supervision” to enforce the law. The “distribution of benefit” should be transferred to schools and teachers properly, so that the law can protect the diversity development of school, the school autonomy, and the students’ rights of learning thoroughly. Finally, no matter the restrictions are regulated, not regulated, or insufficiently regulated by law, schools should make decisions according to expertise and take steps to strengthen the school regulations, to make the mechanism of awards and punishment, and procedures of pledge to reveal the characteristics of the school to cope with the need of education for different kind of students.

本研究欲探討我國公司治理相關法規文字及其運作之解讀可能產生之問題，從95 年度證券交易法之修正條文中，辨認以下釋例來檢視問題： 1.「會計主管」與「主辦會計」之意義是否相同？ 2.審計委員會之組成究應包括全部或部分之獨立董事？ 3.獨立董事究應參加一個或多個委員會？ 4.審計委員會及其成員行使職權之方式是否不同？ 5.獨立董事針對證交法第十四之三條之事項所表示之保留意見是否為反對意見？ 此外，本研究另外探討法規閱讀者對以上問題的認知是否因其學業背景而有不同？ 本研究以政治大學法律系、會計系、法律所、會計所、EMBA 學生為受測者，發放問卷，結果發現法規閱讀者對於這些法規用字認知很分歧。立法者在起草這些法規時，應考慮到法規適用者，將法規文字訂定得更加明確，且合理，自然可讀性可提高。 / This research is to discuss about some possible problems in perceiving the law wording in the articles in the Securities and Exchange Act revised in 2006. It examines problems by identifying the following examples: 1. Do ”accounting officer” and “in-charge accountant” mean the same? 2. Shall the audit committees be composed of the entire number of independent directors or just some independent directors? 3. Shall independent directors attend only one or more than one committees? 4. Is there any difference between audit committees and independent directors in the modes of exercise? 5. Does the qualified opinion of independent directors on the Article 14-3 in the Securities and Exchange Act mean dissenting opinion? This research will study if the perceptions of readers differ because of their academic backgrounds. This research uses questionnaires to obtain opinions of students from the Departments of Accounting, Law, and EMBA. The analysis in this research shows that readers have large differences in the perceptions of the laws and regulations. When drafting the laws and regulations, legislators should think about the users. They should make the laws and regulations more definite and reasonable, which will enhance the readability.

Society's concern over the negative impact of business activities on the natural environment has significantly increased and, as a result, environmental regulations have grown considerably both in number and scope. As these policies affect businesses and their competitive environment, firms are interested in shaping the nature of such legislation through corporate political activities (CPAs). This thesis investigates the CPAs of MNEs in the automotive industry that are directed towards environmental regulations in the EU. Using the resource-based view as its theoretical framework, it investigates six research questions that address the characteristics, determinants and consequences of these CPAs in relation to three regulatory areas (pollutant emissions, CO2 emissions and end-of-life vehicles). Case study analysis is based on 71 interviews with stakeholders from the automotive industry (the entire population of 11 MNEs from the Triad regions that are politically active in Brussels) and related industries, EU institutions and civil society organisations, representing the societal triangle (market, state, civil society). The thesis finds that the 11 automotive firms engage in CPAs to inform policymakers, and because of the impact that regulations have on their businesses. Whilst the firms attempt a cooperative approach, in reality this is not always the case: whereas individual company and association activities should lead to a united voice, this does not occur when it comes to important company-specific technologies and particular environmental policies. These regulations are viewed by companies as both a costly burden and as opportunities, though non-corporate respondents perceive that MNEs see them only as costs. The main (political) resources and competences used in CPAs are found to be human resources (including the related resources of expertise, contacts, trust and reputation, i.e. social capital), and technological resources. Regulations and the technological resources influencing CPAs are directly and uniquely linked to the product portfolios of MNEs. These differences in technological resources and product ranges account for most of the variance in MNEs‟ CPAs rather than the respective countries of origin within the Triad.

Telecommunication has evolved tremendously from its origin to the present. Competition has grown in the telecommunications industry. One of the idiosyncratic characteristics of the mobile telecom services industry is the offering of homogenous products/services to the whole market, which indicates services being undifferentiated. The purpose of this paper is to study the differentiation strategies of mobile telecom operators and the impact of factors influencing the process of differentiation. The study will concentrate on the differentiation strategies of the mobile telecom service firms operating in Pakistan. The analysis model of this research was developed based on the determinants of product differentiation, relating to the tools that managers at mobile telecom service companies employ to execute differentiation strategies, and the factors influencing them. The empirical part of this study was conducted in January 2017. The multiple case study approach was adopted as a study method, and four case studies of the mobile telecom service companies operating in Pakistan were compared through cross-case analysis. Qualitative methods of data collection were employed and through semi-structured interviews primary data was gathered and secondary data was extracted from the websites and annual reports. The findings from the four case studies revealed that all the mobile operators opt for the differentiation strategies based on the determinants. It was examined from this research that these determinants are interrelated with each other. It was evident from the study of all the case companies that regulations affect the industry profits, increase the cost of upgrading the networks and infrastructures, causing a delay in the adoption of innovation, thereby influencing the differentiation strategy. The second factor influencing the differentiation process revealed in this study was competitive imitation, which caused convergence of strategies resulting in undifferentiated services even though operators tried to differentiate their services. The competitive imitation becomes easier due to the oligopoly structure of the mobile telecom industry.

No description available.

Den första januari 2015 trädde en ny regel i kraft, PBL 8 kap. 4 a §. Regeln innebär att kommuner inte får ställa egna krav på ett byggnadsverks tekniska egenskaper, även kallat särkrav. Med egna krav anses sådana krav som är mer ambitiösa än vad regelverket tillåter. Krav på byggnadsverks tekniska egenskaper finns angivna i plan- och bygglagen (PBL), plan- och byggförordningen (PBF), Europeiska konstruktionsstandarder (EKS) och i Boverkets byggregler (BBR). En anledning till förbudet är att särkrav anses påverka byggkostnaderna, vilket i sin tur påverkar förutsättningarna för att tillgodose behovet av bostäder. I utredningar som utfördes åt regeringen hävdades att särkrav medför merkostnader på mellan 10 och 15 procent vid bostadsbyggandet. Regeringen ansåg även att samma krav ska gälla över hela landet för att underlätta den industriella produktionen av byggnadsverk. När lagförslaget lades fram bemöttes det negativt av många kommuner och myndigheter, vilket gör det intressant att undersöka om kommunerna väljer att följa den nya regeln. Syftet med studien är att undersöka i vilken utsträckning kommuner, i bygglovsprocessen och vid upprättade av exploateringsavtal, bryter mot särkravsförbudet i PBL 8 kap. 4 a §. Studien utgår från exploateringsavtal och bygglovsärenden vars handlingar är upprättade efter 2015-01-01 då särkravsförbudet trädde i kraft. I studien ingår bygglovshandlingar från åtta kommuner i Västra Götalands län och exploateringsavtal från 34 av Sveriges kommuner. I studien används en kombination av en kvalitativ och kvantitativ metod samt en juridisk metod. Särkrav som förekommer i studien är klassificerade som tydliga eller vaga särkrav. Bedömning av särkravens klassificering är författarnas egna och utgår från grundsatsen att byggherren är fri att välja metod så länge föreskrifterna i BBR uppfylls. Studiens resultat visar att 24 av de 42 kommunerna som ingår i studien ställer särkrav, vilket motsvarar 57 procent av de granskade kommunerna. Tolv kommuner ställer tydliga särkrav, fyra ställer vaga särkrav och åtta ställer både tydliga och vaga särkrav. Var fjärde kommun hänvisar även till olika program, strategier eller policys där särkrav förekommer. I exploateringsavtalen är särkrav vanligast inom områdena hygien, hälsa och miljö samt energihushållning. I byggloven är särkrav vanligast inom områdena brandskydd, hygien, hälsa och miljö samt säkerhet vid användning. Studiens slutsats är att kommuner fortfarande ställer särkrav i stor utsträckning trots förbudet i PBL 8 kap. 4 a §. / On January 1, 2015, a new law came into force, PBL 8 kap. 4 a §. The law implies that municipalities may not impose their own demands on construction works technical properties, also known as special demands. Own demands are considered as demands that are more ambitious than the law allow. Demands on construction works technical properties are specified in the Planning and Building Act (PBL), the Planning and Building Regulation (PBF), the European Construction Standard (EKS) and in Boverket's Building Regulations (BBR). One reason why the prohibition came into force is that special demands affect construction costs, which affect the conditions to meet the need of housing. The government's investigations revealed that specials demands resulted in additional costs of between 10 and 15 percent in the residential construction. The government wanted as well that the same requirements would apply across the whole country to facilitate the industrial production of construction works. When the new law was presented it faced negatively by many municipalities and public authorities, which makes it interesting to examine if the municipalities choose to follow the new law. The purpose of the study is to investigate in which extend the special demand prohibition in PBL 8 kap. 4 a § are broken by the municipalities in the building permit process and in the establishment of land development agreement. The study is based on land development agreements and building permits documents that are signed after 2015-01-01. Building permit documents from eight municipalities in Västra Götaland and land development agreements from 34 of Sweden's municipalities are included in the study. The study use a combination of qualitative and quantitative methods as well as a jurisprudence method. Special demands which been presented in the study have been classified into clearly or vaguely special demands. The special demands classification are the authors own assessment and are based on the principle that the developer is free to choose the method as long as the regulations in BBR is met. The study's result points out that 24 of 42 municipalities that is included in the study, use special demands, which is equivalent to 57 percent of the audited municipalities. Twelve municipalities have clearly special demands, four have vaguely special demands and eight have both clearly and vaguely special demands. Every fourth municipality also refers to various programs, strategies or policies with special demands. Special demands are most common within the area of hygiene, health and environment and energy in the land development agreements. In the building permits are special demands frequently used within the area of fire protection, hygiene, health and environment and safety in use. The conclusion of the study is that municipalities still use special demands widely despite the prohibition in PBL 8 kap. 4 a §.

This study reviews the evolution of television broadcasting in Taiwan from 1949 to 1982, with emphasis on the period from 1970 to 1982. The problem was to examine the development of the television industry in Taiwan as influenced by law and regulation, politics, and social customs. This study concludes that the development of the television industry in Taiwan was indeed greatly influenced by the above three factors. Future growth of the industry, however, may be greatly hindered unless the government relaxes its close control of the medium in the future.