SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Rule of Law Construction in China

The rule of law has international as well as domestic attributes, so it can be divided into two levels： the domestic rule of law and the international rule of law. Using the thinking behind the international rule of law to build the rule of law in China is both necessary and inevitable. China should put into practice the idea of the international rule of law at the institutional and the governance levels, and should at the same time participate in the UN＇s rule of law activities and in international rule-making, thereby extending its rule of law discourse power and influence in the international sphere.

Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China

A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.

Novel Aspects of Constructal Law: Four Distinct and Competing Goals in Flow Channels Design

Constructal law explains the sense of evolution (morphing to get access to flows) of finite size systems, but paradoxes do exist as not all vegetables have a tree form. Also, nature does not improve all animals for displacement. This work aims at creating a model to explain those paradoxes about constructal law. It adopted the system engineering technique of segregation between functions (abstract goals) and solutions (physical entities). Further, this work introduced the assumptions of flow under external threats and imperfect channels (subject to leakages and suboptimal form). Results showed that there are always elements doing four functions in all types of channels: to reduce entropy, to protect channel, to retain integrity and to drive flow. Although the four functions are always present, natural systems typically privilege one function over others, depending on environmental demands. As a solution to improve flows, animal brains also fit in the model of four functions. Human mind seems to have groups of instincts associated with each of the four channel design functions, leading to four behavior phenotypes and four motivations (prominence, inclusiveness, negativity prevention and tradition). Finally, this model (channels need to meet four goals) unified physics and animal psychology and extended applications of Constructal law to the fields of systems engineering methods, management, and psychological science.

中国的法治发展:改革开放四十年的回顾与展望

改革开放四十年,中国的法治建设取得了重要的成就。在新时代,我们要注意避免法治建设中的"西化"思想倾向,同时要慎重而合理地对待法治发展中的道德合理性;要树立法治类型学的思维,走出一条真正属于中国的法治发展道路。中国法治建设在很大程度上采取了一种"构造主义"的发展模式,它对中国法治发展具有重要的推动作用,但这种推动型法治在具体运行过程中忽略了中国自身的传统元素,遮蔽了民间社会的法治功能,这是需要认真反思的。实践性法治发展观契合了中国特色社会主义法治建设的要求,它有着多方面的理论支撑,实现了法治思维方式的变革。

建构主义视角下身份认同对美国当代国际法观的影响

身份认同是建构主义国际关系理论的核心概念。美国将身份认同因素渗透到国际法实践的诸多领域,企图建构符合其认同模式的国际法律秩序。从价值取向来看,美国坚持其独特的人权认同标准高于他者的主权,这与国际法的主权平等原则背道而驰。从实体国际法规范的具体实践来看,美国奉行例外主义,采用双重标准,这有损于国际法的有效性。为此,各国只有以全人类的幸福权利作为终极价值目标,并积极建构超越不同身份认同模式的国际法规范,才能促进国际法的遵守,并实现真正的主权平等与和谐共处。

国际经济法学的研究方法新论

以实在法学派的研究方法为主导的国际经济法学面临着南北尖锐对立、国际经济法规则发展停滞不前的困境。中国国际经济法学可以另辟蹊径,选择采纳与批评主义方法论不同的建构主义方法,占领国际经济关系的舆论和道德制高点,推动国际经济体系的改革和正义国际经济秩序的回归。

新《档案法》文本的话语实践意义建构探究

新《档案法》文本是一种以言行事的话语实践。其话语实践意义蕴含在文本的话语语言、话语意向和话语关系中。从话语语言看,按照"问题—规范—解决"的话语结构推进内容,呈现出"状态—过程—态度"的信息表达特点,并注重更多地选用法律用语以增强话语的权威性;从话语意向看,以参与者、行为事件、行为情景建构档案实践情境,以历时性和共时性的对话互文链接其他社会实践,使其以言行事更具包容性;从话语关系看,国家治理现代化、公众参与公共管理、社会治理和社群社会史研究、信息化建设模式等其他社会实践对档案实践话语建构产生了直接制约或间接影响。探究新《档案法》文本的话语实践意义,有助于加深对其社会实践功能的认识和理解,助推其有效执行。

Call for an Institution with the Authority and Mandate with Regard to Technical Disputes and Fundamental Consideration for the System

Based on this evidence and many other examples, this paper advocates a drastic overhaul of the system, in which a distinction is made between simple, standard projects, less simple solutions that can be assessed with performance requirements, and high-value projects which are handled in accordance with the science of probabilistics. Next to or in addition to the Council of State, there has to be a technical body appointed under statute with non-departmental public body status, which can issue binding rulings in technical disputes, with very short procedural delays.

The Role of Consultative Democracy in a Constitutional System and the Rule of Law in China

The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of＂ruling Party--political power--the people＂ that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of ＂ruling Party--Consultative Conference--People＇s Congress.＂ The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.

Advancing the Chinese Legal System Through Inheriting Excellent Traditional Chinese Legal Culture

Currently,research on the Chinese legal system is flourishing,and more and more issues are worthy of exploration.The Chinese legal system is unique among the five major legal systems in the world.It is the only ancient secular legal system,and the only ancient secular legal system to have been disseminated by non-coercive means.The openness of the Chinese legal system is a powerful proof that traditional Chinese law plays a role in importing and exporting legal policies and measures from and to other states.Indeed,these issues are important in research on the Chinese legal system,and a correct understanding of them can help to comprehensively understand traditional Chinese legal culture.It is essential to deepen the research on the Chinese legal system to contribute to its revival and to the inheritance of traditional Chinese legal culture.In addition to comprehensive discussions,it is also necessary to fill gaps and advance the research on the Chinese legal system.

A multi-objective study on the constructal design of non-uniform heat generating disc cooled by radial-and dendritic-pattern cooling channels

A three-dimensional disc model with non-uniform heat generating is built.A series of cooling channels are inserted to cool this disc which is strewn in a hierarchical pattern.To reveal thermal and flow characteristics,a composite objective function comprised of the maximum temperature difference(MTD)and pumping power is constructed.The deployment pattern of cooling channels contains two cases,i.e.,the radial-pattern and dendritic-pattern.By capitalizing on constructal design method together with finite element method,the diameter of radial-pattern cooling channels is optimized in the first place.Next,the diameter,angle coefficient and length coefficient of dendritic-pattern cooling channels are three degrees-of-freedom to be stepwise optimized at different heat generating conditions.Furthermore,NSGA-II algorithm is introduced into the multiobjective problem.Upon obtaining its Pareto optimal solution set,Topsis method is invoked to yield the optimal solutions under given weighted coefficients.The heat generation over the entire body and the volume ratio of cooling channels operate as the primary constraints.Based on these premises,constructal design will be stepwise performed by varying three degrees-offreedom.The obtained results state that more heating components or devices should be installed as close to the cooling water inlet as possible.This can further reduce MTD at the same cost of pumping power,thereby improve thermal and flow performance and prolong the lifespan of devices.As optimized with two degrees-of-freedom,the MTD is reduced by 18.6%compared with the counterpart obtained from single degree-of-freedom optimization,while the pumping power is increased by 59.8%.As optimized with three degrees-of-freedom,the MTD is decreased by 6.2%compared with the counterpart from two degrees-of-freedom optimization,while the pumping power is increased by 3.0%.It is manifest that when two sub-objectives form a composite objective,the performance improvement of one sub-objective will inevitably elicit the vitiation of the alternative.