思想史视域下的宪政主义——兼议“constitutionalism”的译法

"宪政"是否有一种"主义",目前在国内尚存争议,但从思想史或概念史的角度去审视"宪政"的英文对应词"constitutionalism",在"制度"和"思想史"两种维度上将"constitutionalism"分别译为"宪政"和"宪政主义"既科学合理,也符合学界的一贯用法。并且,理解作为一种思想观念的宪政主义也能辨识作为制度实践的"宪政"在我国政治或法律进程中的历史方位。

Is There Such Thing as ＇Populist Constitutionalism＇？ The Case of Hungary

The paper deals with recent deviations from the shared values of con- stitutionalism towards a kind of ＇populist, illiberal constitutionalism＇ introduced by Hungary＇s new constitution in 2011. The populism of FIDESZ was directed against all elites, including the ones that designed the 1989 constitutional system （in which FIDESZ also participated）, claiming that it was time for a new revolution. This is why PM Viktor Orban characterized the results of the 2010 elections as a ＇revo- lution of the ballot boxes＇. His intention with this revolution was to eliminate all checks and balances, and even the parliamentary rotation of governing parties. His vision for a new constitutional order----one in which his political party occupies the centre stage of Hungarian political life and puts an end to debates over values has now been entrenched in the new constitution. The paper argues that this current Hungarian constitutional system was made possible by FIDESZ＇ anti-pluralist nationalist populism, but is not necessarily based on a true commitment to expressing the will of the people via ＇illiberal constitutionalism＇. The populist government rather misuses the country＇s lack of constitutional culture. Adherence to constitutional patriotism would mean that FIDESZ would have to endorse what John Rawls once called ＇constitutional essentials＇. The core of this kind of con- stitutional patriotism is a constitutional culture centred on universalist liberal democratic norms and values. Instead, the current Hungarian constitutional system is confronted with unconstitutional patriotism, a kind of nationalism that violates constitutional essentials in the name of ＇national constitutional identity＇.

Comparative Constitutionalism: Challenges of Constitutional Sovereignty in Iran and Iraq

Constitutionalism has more than a century of history in the Muslim world.More recently,Iran and Iraq,two countries with populations comprised of Shi’a majorities with a strong presence in the layout of political power,appear to have embarked on divergent routes with regard to the formal blueprints of public authority.Yet as this research demonstrates,due to an absence of robust institutional arrangements and lack of efficient mechanisms of revision and entrenchment,comparable outcomes can be observed in the form of political systems that have consistently failed to uphold various elements of popular sovereignty,which the constitutions themselves claim to be endorsing.This study aims at providing a closer examination of important elements of popular constitutional sovereignty by examining key normative,institutional and procedural settings in both contexts to evaluate critically the constitutional arrangements in two prominent republican settings in the Muslim world.The author will argue that in both cases certain highlighted fundamental shortfalls could lead one to regard both texts as“sham constitutions”.This study draws upon theoretical principles of comparative constitutional analysis.

Characteristics and demographic factors of traditional Chinese medicine constitution types among elderly individuals in China:A national multistage cluster random study Author links open overlay panel

Objective:To reveal the distribution characteristics and demographic factors of traditional Chinese medicine(TCM)constitution among elderly individuals in China.Methods: Elderly individuals from seven regions in China were selected as samples in this study using a multistage cluster random sampling method.The basic information questionnaire and Constitution in Chinese Medicine Questionnaire(Elderly Edition)were used.Descriptive statistical analysis,chi-squared tests,and binary logistic regression analysis were used.Results: The single balanced constitution(BC)accounted for 23.9%.The results of the major TCM constitution types showed that BC(43.2%)accounted for the largest proportion and unbalanced constitutions ranged from 0.9%to 15.7%.East China region(odds ratio[OR]=2.097;95%confidence interval[CI],1.912 to 2.301),married status(OR=1.341;95%CI,1.235 to 1.457),and managers(OR=1.254;95%CI,1.044 to 1.505)were significantly associated with BC.Age>70 years was associated with qi-deficiency constitution and blood stasis constitution(BSC).Female sex was significantly associated with yang-deficiency constitution(OR=1.646;95%CI,1.52 to 1.782).Southwest region was significantly associated with phlegm-dampness constitution(OR=1.809;95%CI,1.569 to 2.086).North China region was significantly associated with inherited special constitution(OR=2.521;95%CI,1.569 to 4.05).South China region(OR=2.741;95%CI,1.997 to 1.3.763),Central China region(OR=8.889;95%CI,6.676 to 11.835),senior middle school education(OR=2.442;95%CI,1.932 to 3.088),and managers(OR=1.804;95%CI,1.21 to 2.69)were significantly associated with BSC.Conclusions: This study defined the distribution characteristics and demographic factors of TCM constitution in the elderly population.Adjusting and improving unbalanced constitutions,which are correlated with diseases,can help promote healthy aging through the scientific management of these demographic factors.

Construction and optimization of traditional Chinese medicine constitution prediction models based on deep learning

Objective To cater to the demands for personalized health services from a deep learning per-spective by investigating the characteristics of traditional Chinese medicine(TCM)constitu-tion data and constructing models to explore new prediction methods.Methods Data from students at Chengdu University of Traditional Chinese Medicine were collected and organized according to the 24 solar terms from January 21,2020,to April 6,2022.The data were used to identify nine TCM constitutions,including balanced constitution,Qi deficiency constitution,Yang deficiency constitution,Yin deficiency constitution,phlegm dampness constitution,damp heat constitution,stagnant blood constitution,Qi stagnation constitution,and specific-inherited predisposition constitution.Deep learning algorithms were employed to construct multi-layer perceptron(MLP),long short-term memory(LSTM),and deep belief network(DBN)models for the prediction of TCM constitutions based on the nine constitution types.To optimize these TCM constitution prediction models,this study in-troduced the attention mechanism(AM),grey wolf optimizer(GWO),and particle swarm op-timization(PSO).The models’performance was evaluated before and after optimization us-ing the F1-score,accuracy,precision,and recall.Results The research analyzed a total of 31655 pieces of data.(i)Before optimization,the MLP model achieved more than 90%prediction accuracy for all constitution types except the balanced and Qi deficiency constitutions.The LSTM model's prediction accuracies exceeded 60%,indicating that their potential in TCM constitutional prediction may not have been fully realized due to the absence of pronounced temporal features in the data.Regarding the DBN model,the binary classification analysis showed that,apart from slightly underperforming in predicting the Qi deficiency constitution and damp heat constitution,with accuracies of 65%and 60%,respectively.The DBN model demonstrated considerable discriminative power for other constitution types,achieving prediction accuracy rates and area under the receiver op-erating characteristic(ROC)curve(AUC)values exceeding 70%and 0.78,respectively.This indicates that while the model possesses a certain level of constitutional differentiation abili-ty,it encounters limitations in processing specific constitutional features,leaving room for further improvement in its performance.For multi-class classification problem,the DBN model’s prediction accuracy rate fell short of 50%.(ii)After optimization,the LSTM model,enhanced with the AM,typically achieved a prediction accuracy rate above 75%,with lower performance for the Qi deficiency constitution,stagnant blood constitution,and Qi stagna-tion constitution.The GWO-optimized DBN model for multi-class classification showed an increased prediction accuracy rate of 56%,while the PSO-optimized model had a decreased accuracy rate to 37%.The GWO-PSO-DBN model,optimized with both algorithms,demon-strated an improved prediction accuracy rate of 54%.Conclusion This study constructed MLP,LSTM,and DBN models for predicting TCM consti-tution and improved them based on different optimisation algorithms.The results showed that the MLP model performs well,the LSTM and DBN models were effective in prediction but with certain limitations.This study also provided a new technology reference for the es-tablishment and optimisation strategies of TCM constitution prediction models,and a novel idea for the treatment of non-disease.

Chinese Medicine,Acupuncture and Science

Ever since the introduction of Western biomedicine into China, there has been friction between proponents of this new approach, and proponents of the traditional medical practices that had evolved over thousands of years in China. For the most part, this friction has been couched in the unexamined assumption that Western medicine is based on science, while Chinese medicine is not. This article will examine that assumption, which in this author’s opinion is unjustified and incorrect. Having practiced acupuncture for the past 50 years, after receiving my doctoral degrees in medicine and physiology, my thinking on this topic has also evolved over time. I will begin this article with some historical information that bears on the topic under discussion, followed by my personal ideas about how to resolve the confiicts that have arisen.

Analysis of Constitutional Factors in Patients with Gallstone Disease

Objective: To summarize the common constitutional types in patients with gallstone disease and analyze influencing factors. Research Hypothesis: Qi stagnation constitution may be a potential predisposing constitution for gallstone disease, whereas the Balanced Constitution and Yin deficiency constitution have a lower tendency towards the development of the disease;gallstone disease is more prevalent among young men engaged in mental labor. Methods: A retrospective study was conducted on 180 patients with gallstone disease who were hospitalized in the Department of Hepatobiliary Surgery, First Affiliated Hospital of Guangxi University of Traditional Chinese Medicine (TCM), from July 2017 to July 2023. Additionally, 180 healthy individuals undergoing physical examinations at the Health Examination Center of the same hospital were selected as the normal control group. Both groups underwent general condition surveys, TCM constitution scales, Eysenck Personality Questionnaires, Brief Coping Styles Questionnaires, and Social Support Rating Scales to determine risk factors and common types. Results: Independent variables such as gender, Qi stagnation constitution, Balanced Constitution, negative coping scores, positive coping scores, and stressful life events were included in the model. The OR values for Balanced Constitution, gender, positive coping style, and overall social support were all less than 1, and the maximum value of the 95% confidence interval was also less than 1. After selecting the intercept into the model and analyzing the standardized regression coefficients, it was found that negative coping scores had a significant impact on the model, while stressful life events showed extremely high relevance to the study. Compared with the normal group, the frequency of Qi stagnation constitution in the study group significantly increased, with a significant difference (P χ2 = 11.109, P = 0.0009, indicating a significant difference (P χ2 = 4.0890, P = 0.0432, indicating a significant difference (P 0.05). However, when comparing mental workers with physical workers within the patient group, the frequency of Qi stagnation constitution in mental workers was significantly higher, with χ2 = 6.8467, P = 0.012, indicating a significant difference (P Conclusion: Qi stagnation constitution is a potential predisposing constitution for gallstone disease, whereas the tendency to develop the disease is relatively low for Balanced Constitution and Yin deficiency constitution. Gallstone disease is more commonly found in young male mental workers.

Constitution identification model in traditional Chinese medicine based on multiple features

Objective To construct a precise model for identifying traditional Chinese medicine(TCM)constitutions;thereby offering optimized guidance for clinical diagnosis and treatment plan-ning;and ultimately enhancing medical efficiency and treatment outcomes.Methods First;TCM full-body inspection data acquisition equipment was employed to col-lect full-body standing images of healthy people;from which the constitutions were labelled and defined in accordance with the Constitution in Chinese Medicine Questionnaire(CCMQ);and a dataset encompassing labelled constitutions was constructed.Second;heat-suppres-sion valve(HSV)color space and improved local binary patterns(LBP)algorithm were lever-aged for the extraction of features such as facial complexion and body shape.In addition;a dual-branch deep network was employed to collect deep features from the full-body standing images.Last;the random forest(RF)algorithm was utilized to learn the extracted multifea-tures;which were subsequently employed to establish a TCM constitution identification mod-el.Accuracy;precision;and F1 score were the three measures selected to assess the perfor-mance of the model.Results It was found that the accuracy;precision;and F1 score of the proposed model based on multifeatures for identifying TCM constitutions were 0.842;0.868;and 0.790;respectively.In comparison with the identification models that encompass a single feature;either a single facial complexion feature;a body shape feature;or deep features;the accuracy of the model that incorporating all the aforementioned features was elevated by 0.105;0.105;and 0.079;the precision increased by 0.164;0.164;and 0.211;and the F1 score rose by 0.071;0.071;and 0.084;respectively.Conclusion The research findings affirmed the viability of the proposed model;which incor-porated multifeatures;including the facial complexion feature;the body shape feature;and the deep feature.In addition;by employing the proposed model;the objectification and intel-ligence of identifying constitutions in TCM practices could be optimized.

The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law

The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.

Twenty Years of the Implementation of the Human Rights Clause in the Constitution:Achievements,Implications,and Research Topics

On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“the state respects and protects human rights”as the third clause in Article 33 of Chapter II“Basic Rights and Obligations of Citizens”in the Constitution.The inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People’s Republic of China.The implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic spirit.Over the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a“great term”,but also a common value shared by mankind.Amid the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of society.Reinterpreting the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude.

Research hotspots andfrontiersanalysisoftraditional Chinese medicine constitution identification:Avisual analysis of literature based on CiteSpaceand vosviewer

Objective:To explore the development and hotspots in the field of traditional Chinese medicine(TCM)constitution identification since the year 2000.Methods:Using CiteSpace and VOSviewer software,literature from five prominent databases including VIP,WanFang,China National Knowledge Infrastructure(CNKI),PubMed,and Web ofScience was analyzed.Visual methods were used to examine the annual publications,keywords,authors,and collaborative networks.Results:After deduplication with EndNotes,a total of 5,747 articles meeting the criteria were included.Since 2000,the publications of TCM constitution identification shown three major stages:a significant increasing trend with the year before 2016,a fluctuating trend from 2016 to 2021,and a decreasing trend with the year after 2021.The co-occurrence analysis ofkeywords revealed health management,hypertension,and constitution as hot directions in this field of research.CiteSpace was used for keyword clustering and burst analysis,health management,medical life,and constitution emerged as the latest hotspots in the past three years,which will be the main development directions in the future.Clusters such as hypertension,preventive treatment,and health management were identified,representing the main research themes at present.VOSviewer and CiteSpace were used for co-occurrence and clustering analysis of authors,revealing collaborative research networks,with prominent groups represented by WANG Qi,WANG Ji,LI Lingru,HOU Shujuan,ZHU Yanbo,etc.Conclusion:Research related to TCM constitution identification is developing rapidly,involving various aspects of medical care and daily life.However,there is still a need to build an extensive academic platform,strengthen the dissemination of Chinese medicine culture,standardize,intellectualize and universalize the identification of TCM constitution assessments,and construct a health service system with Chinese characteristics.

内燥与内湿的实验研究(Ⅲ)——病理形态学观察

内燥与内湿在临床上是十分常见的,但从体质病理学观点进行实验研究,迄今国内外未见报道。因此,我们在已完成的“寒体与热体的研究”基础上分别用辛燥食物喂热体动物和用甘肥食物喂寒体动物以复制内燥与内湿的动物模型。现将光镜下所见主要病理形态变化报道如下。材料与方法内燥与内湿的造模方法,见文献。病理切片制作方法:实验动物处死后立即剖取心、肝、脾、肺、肾、肾上腺、胃、小肠、直肠、甲状腺。

宪法概念的起源及其流变

constitution一词,首先经由英国政治实践固化为一个确定的政治概念;接着通过美国的政治试验成为一个地地道道的法律性概念;而那些社会契约论的信奉者们则运用“社会契约”方法,重新赋予了它新的含义,使其演变为一个优越于其他政治类型的现代立宪体制的代名词。近世以降,constitution一词东渐吾国,复又激活了“宪法”这一古老的汉语词汇。被深深地嵌入中国特定历史情境中的宪法概念由此获得了西方现代政制与中国本土性的双重蕴义。

从设议院到立宪法——晚清“Constitution”汉译与立宪思潮形成考论

在中国,英文"Constitution"一词早期曾被译为"国例"、"例制"、"国法"、"章程"、"国律"等中文词。中国近代立宪意义上的"宪法"一词,最早见于王韬和郑观应的著作,但他们只是一提而过,并未作深入的阐述。维新期间的康有为、梁启超也多次提到"宪法"一词,但他们只是把宪法当作一般的律法看待,并无立宪涵义的认知,更谈不上提出了立宪的主张。学界长期使用的史料、康有为《请定立宪开国会折》中"立宪法"、"三权鼎立"的内容是后来改窜添加的。戊戌时期康、梁的政治主张主要集中在兴民权、设议院上,并非如学界长期认为的那样,已经成为了立宪主义者。康、梁真正成为立宪主义者,要在逃亡日本、大量阅读日译或日著的宪法著作之后。在日本,"Constitution"早期也被译为"国宪"、"政体"等词。日本近代立宪主义上的"宪法"一词,最早出现在明治初年对西方宪法的翻译中,后经立宪进程的推展而成为公定用语。中国近代对宪法概念首次展开深入分析的,是流亡日本后的梁启超于1899年撰写的《各国宪法异同论》一文。英文"Constitution"和具有立宪主义涵义之"宪法"概念,正是经"同文同种"之日本学者的翻译、梁启超以及留日学生的转述而在中国真正广泛传播开来。随着日俄战争中日本取胜,"立宪救国论"随之而起,中国立宪的进程才真正得以开启。

比较法与法律文化——中国法学会比较法学研究会2013年年会学术综述

中国法学会比较法学研究会2013年年会于10月19日~20日在江苏省南京市召开。本次会议由中国法学会比较法学研究会主办,南京师范大学法学院承办。来自理论界和实务界的130余位专家学者参加了会议,大会共提交论文90余篇,在参会人数和提交论文数量上均创下历史新高。本次会议的主题为＂比较法与法律文化＂,分为＂比较法的基本理论＂、＂法律文化与法律现代化＂、＂比较法、法律文化与部门法＂、＂法律文化与宪政＂四个分议题。与会专家学者围绕主题展开了深入的讨论和交流,现将本次会议讨论的内容综述如下。

试论我国的宪法和宪政

宪法是宪政的前提和逻辑起点,宪政是宪法的有效实施状态,宪法并不必然意味着宪政。文章试图从宪法文本,宪法实施,宪法信仰方面入手,探究我国有宪法而无宪政的原因,并提出相应的对策。

Discussion on the Relation between Garden Landscape Constitution and Ancient Chinese Poetry and Paintings

From the perspective of culture-based source,the author considered that the ancient Chinese poetry and paintings not only embodied the harmony and unity thought of man and nature,but also were the emotional attachment of Chinese literati.As a diverse and comprehensive aesthetic art,landscape expressed material and spiritual culture doubly,the spiritual connotation of which was inextricably linked within ancient Chinese poetry and paintings.In addition,ancient Chinese poetry and paintings can be directly used in landscape composition,such as the widely used in plaques,inscriptions,couplets,poems and inscriptions,carved beams and painted pillars,painting with words and so on.Chinese literati integrated the ethereal realm of poetry and paintings into garden art,making landscape endow with poetic charm.Therefore,the landscape revealed the traces of literature and arts in aesthetic idea and taste,pushing Chinese garden to a higher aesthetic realm.This study pointed the right way to the future of modern landscape which advocated ecological and harmonious development.

Conflict： Efficient State or State Under the Rule of Law？-- The Hungarian Case of the Victory of the Efficient State over the State Under the Rule of Law

This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.

Rights and Disagreement

Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique： （1） is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and （2） underestimates the importance of securing the constitutive conditions of democratic self-government.