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.

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.

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.

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.

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.

“Fundamental Rights and Private Law” in China

The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.

Discussion on depression by thinking of t raditional Chinese medicine

Depression is a common mental disease characterized by abnormal emotional changes,which belongs to the category of“melancholia syndrome”and Chinese emotion medicine.The main clinical manifestations are mood depression,loss of interest,hallucinations,self-harm,and even suicide.Etiology and pathogenesis can be divided into“inner depression”and“outer depression”,and is related to the susceptibility of the constitution.The diagnosis can be combined with four diagnoses and new techniques.Traditional Chinese medicine(TCM)treatment methods include TCM,psychotherapy,acupuncture,music therapy and so on.TCM treatment of depression has a long history,strong symptomatic,little side effects.It is forward-looking to explore new ideas of understanding and treating depression syndrome with TCM theory,which is helpful to better“prevention before disease”.TCM therapy will certainly play an important role in the treatment of depression in the future.

Comparative Study on Traditional Chinese and Western Medicine Through the Perspective of Constitution Theory in Huangdi Neijing and Hippocrates Corpus

This article compares the constitution theory of Huangdi Neijing 《黄帝内经》 and Hippocrates Corpus 《希波克拉底文集》 from three aspects:theory,philosophical ideas,and influence on later generations,to analyze the similarities and differences between two medical systems representing TCM and Western medicine in their early stages of origin.From the comparison and analysis of two books’ history,specific theories in constitution,philosophical characteristics and values in history,we can have a deeper perspective to compare TCM and Western medicine,and have a clearer idea for the development of integrated traditional Chinese and Western medicine.

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。

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.

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。

Study of Electroless Ni-P-CNTs Composite Plating

The electroless Ni-P-carbon nanotubes composite plating was studied on the copper substrate. Metallurgical microscope, scanning electronic microscope, X-ray diffractometer and micro hardness tester were used to study the structure, constitution and performance of the electroless Ni-P-carbon nanotubes composite deposit. Experiential results show that, with the increment of carbon nanotubes content in electroless plating solution, the grain size on the sample surface decreases whereas the density of grains and the hardness for composite deposit increases. Moreover, adding carbon nanotubes not only improves the degree of crystallization for the composite deposit but also helps their transformation from the amorphous state to the nanocrystal state.

Effect of Temperature and Phase Constitution on Kinetics of La Diffusion

The diffusion of La in ε-Fe 2～3N(ε)and γ′-Fe 4N (γ′)phases produced by plasma nitriding was studied. It is found that with increasing nitriding time, the ε phase continuously decomposes into γ′ one under employed experimental conditions and compared with γ′ phase or ε+γ′ ones, the mono one ε has an impedient effect on depth of La diffusion. The growth of La layer in dual phases and mono one follows an approximate exponential law and a parabolic one, respectively, and this kinetics law does not change with increasing temperature. The effect of increasing temperature in the range of 520 to 560 ℃ on La diffusion depth is less than that of phase constitution change such as the decomposition of ε phase into γ′ one.

Association between metabolic syndrome and body constitution of traditional Chinese medicine:A systematic review and meta-analysis

Background:The constitution theory of traditional Chinese medicine(TCM)states that body constitution and disease are associated;therefore,the identification of body constitution can provide reference for disease prevention and treatment.A series of clinical studies evaluating the association between TCM constitution and metabolic syndrome(MetS)have been conducted in recent years.The aim of this systematic review is to summarize and evaluate the clinical evidence of the relationship between constitution and MetS.Methods:The PubMed,Embase,China National Knowledge Infrastructure(CNKI),Chongqing VIP,and Wanfang Data electronic databases were searched from April 2009 to July 2020.The search terms included“metabolic syndrome,”“constitution,”and“Chinese medicine.”Observational studies evaluating the relationship between body constitution of TCM and MetS were included.The primary outcome included the distribution of constitutional types in the MetS population,and odds ratio(OR)or relative risk(RR)between constitution and MetS.Effect size was expressed as proportion or OR with 95%confidence interval(CI).Methodological quality of included studies was evaluated by the NewcastleeOttawa Scale(NOS)or the American Agency for Healthcare Research and Quality(AHRQ)criteria.Results:Three caseecontrol and 26 cross-sectional studies involving 30435 cases were included.Phlegm-dampness,qi-deficiency,and damp-heat were the main constitution types in patients with MetS,accounting for 29%(22%e39%),18%(13%e24%),and 12%(9%e17%)of the population,respectively;the risk of MetS in people with phlegm-dampness and qi-deficiency constitution was 1.74[1.27,2.38]and 1.29[1.01,1.65]times higher than that in those with other constitutions.There were sex-and age-related differences in the distribution of TCM constitution in patients with MetS.Conclusion:Phlegm-dampness and qi-deficiency were associated with the occurrence of MetS.Welldesigned cohort and caseecontrol studies are needed to provide evidence for the use of TCM to prevent and treat MetS.

Consistency between traditional Chinese medicine constitution-based classification and genetic classification

Background:We studied the consistency between two classification systems for categorizing patients:traditional Chinese medicine(TCM)constitution-based methods,versus genetic clustering.Genetic classification in constitutional identification was also evaluated.Methods:A TCM physician evaluated the constitution of each patient,according to four examinations(inspection,auscultation-olfaction,interrogation,and palpation).Those who met the criteria for Yang-deficient,Yin-deficient,and balanced constitutions were enrolled in the study.Peripheral blood samples were obtained from the participants,and peripheral blood mononuclear cells were separated from the samples within 2 hours.Total RNA extraction from the white blood cells was performed;and an Affymetrix HG-U133 Plus2.0 array was used to determine the peripheral blood gene expression profiles.The samples were classified using a support vector machine genetic classifier,and the“leave-one-out”method was used for validation.Results:The global gene expression profiles of 32 samples were grouped into three categories,and the samples in each of the gene categories corresponded with the three constitution categories.The three constitution types were distinguished using the genetic classifier with 165 genes.The accuracy of the prediction classification was greater than 95%using mathematical method.Conclusions:Participants with Yin-deficient,Yang-deficient,and balanced constitutions have varying physical characteristics and gene expression patterns.Additionally,the results from TCM constitution classification matched those obtained by genetic classification.Finally,our preliminary gene classifier distinguishes among Yin-deficient,Yang-deficient,and balanced constitutions,and provides a methodological basis for identifying the different constitutions.

Material Composition and Engineering Characteristics of Red Clay in Guigang, Guangxi

There is fine and uniform clay with aluminous and ferrous cementation in the red clay found in Guigang, Guangxi. It has the characteristics of shrinkage outwardly, rigid upper but soft lower and well grown fissure. In addition there are engineering characteristics such as high water content, low compactness and low compressibility, high strength and high contractility but slight expansibility. This paper discusses the red clay's engineering characteristics and its change regulation with depth by analyzing changes in the red clay's grain size composition, mineralogical constitution, and chemical composition.

EFFECT OF LASER SCANNING SPEED ON PHASE CONSTITUTION AND WEAR RESISTANCE OF LASER CLADDING HARD FACING ALLOY STELLITE 12

Effect of laser scanning speed on phase constitution,microstructure,microhardness and wear resistance of laser-cladding hard facing alloy Stellite 12 has been investigated by means of a cross-flow-type CO_2 laser of 1.5 kW.The laser-cladding layer on the alloy consists of ma- trix phase of suppersaturated solid solution γ(Co,Cr)and complex hexagonal carbide M_7C_3.Under certain condition,at higher laser scanning speed,the suppersaturated solubility of elements increases in γ(Co,Cr),and the precipitation of the complex carbtde M_7C_3 de- creases,so the microhardness increases and the wear resistance decreases.But at slower laser scanning speed,more complex carbide M_7C_3 may precipitate,and the wear resistance may be improved.Therefore,it is believed that the principal factor in improving wear resistance is the precipitation of carbide M_7C_3,while increment of microhardness is the suppersaturated solu- bility of elements in matrix phase γ(Co,Cr).