Constitutional Nature of Personality Rights and Its Manifestation in Civil Law

The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.

On the Right to the Protection of Personal Data as a Constitutional Right

The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.

宪法上的Civil Rights是公民权利吗?——解读constitutional civil right

作为西方法律文化的产物 ,constitutionalcivilrights有其独特的自然法背景。本文通过对西方法律思想史、宪法史和美国最高法院司法实务见解的梳理与综合分析 ,认为将constitutionalcivilrights译为“公民权利”属于误读 ,它混淆了依据人的属性和依据公民资格而获得的权利之间的道德区别。应将其译为“私人权利” ,明确这一权利体系的前国家与超国家特征 ,使其区别于实证法律传统之下个人依赖作为政治社会成员资格所享有的公民权利 ,并区分宪法权利与民事权利之间的差异。在法官的解释下 ,constitutionalcivilrights还呈现出开放特性 ,是一个能够感应时代变化的、发展的权利体系。

Constitutional Environmental Rights: An Investigation and Analysis Based on Constitutional Texts of All Countries

Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.

CONSTITUTIONAL DIAGRAM OF Fe-Mn-C ALLOYS AFTER SOLUTION TREATMENT AT 1000℃

On the basis of experimental results of 76 points of composition and previous relevant conclu- sions,a relatively complete constitutional diagram of solid solution treating Fe-Mn-C sys- tem alloy at 1000℃ has been constructed with austenite zones of different stabilities.The chemical composition range and structure change of steels with various Mn have also been discussed.Thus,the reasonable selection of composition and structure may be available for the manganese steel with commercial purposes.

Japan's Political Situation vs.the Constitutional Amendment

The year 2019 marks the seventh anniversary of Shinzo Abe's return to office,alongside the administration's obsession with Constitutional amendment.During the 25th House of Councillors selection in July,Prime Minister Abe changed the rules applied for the four national elections in 2012,wrote the Self-Defense Forces into the Constitution and the Liberal Democratic Party(LDP)convention,and deliberately made the amendment a focal point of controversy in his election campaign.However,when the results of the election came out,the pro-amendment forces,with the LDP at their core,didn't reach the two-thirds majority threshold required for Constitutional revision.Going forwards,the Abe-led Liberal Democratic Party will strive to consolidate Constitutional amendment forces in the National Diet,hoping to cross the majority threshold,and at the same time to coerce opposition parties to comply with passing LDP draft revisions to the Constitution in the National Diet as soon as possible,in order to submit these to national referendum.In the meantime,preparatory works for this referendum are being carried out through the use of political resources to mobilize public support.Whether Abe can reach the political objective of Constitutional amendment during his current term of office and how the Constitutional issue in Japan will play out is sure to attract global attention.

Land Expropriation and Constitutional Protection of Farmers' Rights

One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.

Constitutional/Conditional Acupuncture

A new style of acupuncture,named constitutional/conditional acupuncture(CCA),based on traditional Asian medical practices,was revealed in Kunming in 2017.This method is primarily based on pulse diagnosis,as developed in China,Korea,and India.The basic methods of CCA are briefly described,and a few case results from the 3‑day Kunming workshop are presented to reveal the efficacy of CCA.

Constitutional Mismatch Repair-Deficiency Syndrome Is a Rare Cause of Cancer Even in a Highly Consanguineous Population

Biallelic germline mutations in the mismatch repair genes, including MLH1, MSH2, MSH6 or PMS2, lead to a recessive constitutional mismatch repair-deficiency (CMMR-D) syndrome characterized by early onset malignancies in children and young adults. Because consanguinity unmasks autosomal recessive disorders, we hypothesized that the frequency of CMMR-D is inflated in the highly consanguineous population of Saudi Arabia. In this study, 371 pediatric and young adult?patient samples from Saudi Arabia that cover the tumor spectrum of CMMR-D syndrome were analyzed for biallelic germline mutations in the MLH1, MSH2, MSH6 and PMS2 with the use of direct genomic sequencing. However, none of the 371 patients involved in the study was found to have biallelic pathological mutations of MLH1, MSH2, MSH6 or PMS2. This result indicates that CMMR-D is exceptionally rare among pediatric cancer patients and adult early onset cancer patients, even in the highly consanguineous Saudi population. Our findings suggest that larger cohorts will be needed, particularly in outbred populations, to determine the frequency of CMMR-D and that routine screening for this syndrome among cancer patients is not warranted.

Constitutional Analysis of the Personality Theory of Civil Law

The word"personality"has various connotations,which essentially reflect people’s thoughts on personality in different periods.The transformation of personality in a civil aspect to the personality on the constitution aspect has negative effect on the personality system of the civil,which is of great value to develop the civil personality rights system in order to facilitate the connection between the civil law,the constitution and the public law.The capacity for rights not only separates the relative independent personality rights of civil law from the personality system of Roman law,but also promotes the emergence of the constitutional personality rights and its return in the field of civil law.The nature and orientation of personality rights in civil law has an important influence on civil legislation.There are three ways to realize the constitutional rights of personality in our civil law:civil legislation,constitutional interpretation and general personality rights.

New ID Card Stresses Constitutional Rights

ID cards are de Rigueur worldwide. The majority of countries have some kind of national identification system. A small card makes it easier for people to identify themesleves and to take part in social, political and other activities. But absuse or "authorized" abuse of the card may also cause problems and even encroach upon the basic rights of citizens. China introduced the national identification system in 1985, when regulations on what was then called "residence identification card" were enacted. Over the past 18 years, the country has issued 1.14 billion ID cards and the number of actual card holders has reached 980 million.

The Constitutional Analysis of Human Rights Legislative Protection

The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.

Predominance of constitutional chromosomal rearrangements in human chromosomal fragile sites

Chromosomal fragile sites (CFSs) are loci or regions susceptible to spontaneous or induced occurrence of gaps, breaks and rearrangements. In this work, we studied the data of 4535 patients stored at DECIPHER (Database of Chromosomal Imbalance and Phenotype in Humans Using Ensembl Resources). We mapped fragile sites to chromosomal bands and divided the 23 chromosomes into fragile and non-fragile sites. The frequency of rearrangements at the chromosomal location of clones found to be deleted or duplicated in the array/CGH analysis, provided by DECIPHER, was compared in Chromosomal Fragile Sites vs. non-Fragile Sites of the human genome. The POSSUM Web was used to complement this study. The results indicated 1) a predominance of rearrangements in CFSs, 2) the absence of statistically significant difference between the frequency of rearrangements in common CFSs vs. rare CFSs, 3) a predominance of deletions over duplications in CFSs. These results on constitutional chromosomal rearrangements are evocative of the findings previously reported by others relatively to cancer supporting the current line of evidence and suggesting that a common mechanism can underlie the generation of constitutional and somatic rearrangements. The combination of insights obtained from our results and their interrelationships can indicate strategies by which the mechanisms can be targeted with preventive medical interventions.

Implement Constitutional Principles to Uncover Tort Cases——An interview with Wang Zhenchuan, deputy chief procurator of the Supreme People's Procuratorate

EDITOR'S NOTE: Since May 2004, the people's procuratorates in China have concentrated their efforts on uncovering cases of encroaching upon human rights by government functionaries by abusing their power. The move has aroused extensive attention. On this, our staff reporter interviewed Deputy Chief Procurator Wang Zhenchuan, who is in charge of the campaign against human rights violations.

On the Constitutional Prescription to “Respect and Ensure Human Rights”

From a historical perspective, the 1982 Constitution was the best one since the founding of the People＇s Republic ofChina （PRC） in 1949.1 With the passage of time and increasing demands from society, China experienced the new sit- uation of modernization, which brought about new conditions or problems in the process of reform and opening up. As a result, the content of the Constitution could not always comply with real conditions. Therefore, the national leg- islature adopted four amendments to the Constitution in 1988,

Implementing Constitutional Commitments to Human Rights:Parliament and National Human Rights Commissions——a South African Perspective

'What is appropriate for one country in the light of its history, is not necessarily appropriatein another country with a different history. Our final constitution must now be forged in the lightof our history and on the basis of the agreed constitutional principles which both reflect that historyand are part of it'—Arthur Chaskalson: President of the Constitutional Court, 17 July 1995.

A DELIBERATION ON SCIENCE DEVELOPMENT IN CHINA AND ON THE READJUSTMENT OF CONSTITUTIONAL DISCIPLINES IN THE CHINESE ACADEMY OF SCIENCES

The CAS, as a national comprehensive research and development (R&D) center for natural science and high technology with numerous researchers of a high quality in almost all disciplines, plays a decisive role in the development of this country’s science and technology. Based on the trend of China’s development in the period of its Ninth Five-Year Plan and in the next century, this article analyzes the trends of science and technology of China in combination with the current readjustment in the constitution of science disciplines in the CAS.

Originalism in American Constitutional Interpretation:Origin,Development,Reasons for Adoption and Limits

Nowadays in the United States of America,constitutional interpretation divides into two rival theories:originalism and living constitutionalism.Despite sustained criticism that has discredited originalists within certain comers of the legal academy,the originalism movement is a success by numerous measures.[1]There is always a necessity to do thorough research on the originalism theory playing a dominant role in American constitutional interpretation.In order to demonstrate the importance of adhering to original meaning of the Constitution as it is always done and ought to be done,this article is going to focus on the originalist aspects and discuss what originalism is,why constitutional interpreters need to be faithful to it and how to soberly treat it and improve it after discovering the limits of the theory.

Constitutional Authority Relies on Implementation

December 4, 2012 marked the 30th anniversary of China＇s current Constitution. Xi Jinping, General Secretary of the 18th Central Committee of the Communist Party of China （CPC） pledged to promote the authority of the Constitution and the rule of law.

Constitutional Values of Protecting Human Rights of Disadvantaged Groups

The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and protection of the disadvantaged group is the moral law characteristic of humanity, just as the Universal Declaration of Human Rights says in its Article 1： ＂All human beings are born free and equal in dignity and rights.