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.

The Rule of Law is the Most Important Means of Human Rights Protection

Today,we are here to commemorate the 75^(th) anniversary of the adoption of the Universal Declaration of Human Rights.In this Declaration,which consists of only30 articles,seven articles are related to the constitution,law,court,and the rule of law,making it a declaration filled with the rule of law.Coincidentally,today is also the 10^(th) National Constitution Day of China.Nineteen years ago,“the state respects and protects human rights”was enshrined in the Constitution,becoming a constitutional principle.Since then,human rights protection in China has been based on fundamental law.

论“rule by law”和“rule of law”的区别

"Rule of law"和"Rule by law"两个词是当代中国对"法治"一词的两种翻译,其内涵有着本质的不同。正确地区分两者关系,不仅对于当今法制与法治的建设有着重要的借鉴价值,更有助于处理好当今政府与人民之间的权限问题,对构建现代民主基础之上的法治社会以及对依法治国的发展有着重要意义。

“the rule of law”不能涵盖“法治”的内涵

“法治”(the rule of law)与“依法治国”(the rule by law)的根本区别在于所依之“法”,仅仅用“of”和“by”两个字无法将这两种法律思想和法律实践区别开来。“the rule of law”不能涵盖“法治”的内涵 ,“法治”的英文表述应该是“the rule under natural law”。

基于ER Rule的多分类器汽车评论情感分类研究

该文针对汽车评论语料的情感二分类问题,提出一种基于证据推理规则的多分类器融合的情感分类方法。在情感特征构建方面,通过实验对比不同特征模型对分类结果的影响,并改进传统的TFIDF权重计算方法。同时,在此基础上使用ER Rule融合不同分类器进行文本情感极性分析,并考虑各分类器的权重和可靠度。最后,爬取汽车网站上的评论数据对上述方法进行测试,并用公开的中文酒店评论语料数据进行了验证,结果表明该方法能够有效集成不同分类器的优点,与传统机器学习分类算法相比,其结果在Recall,F1值和Accuracy三个指标上得到了提高,与目前流行的深度学习算法和集成学习算法相比,其结果总体占优。

On the Choice of the Path for the Development of the Rule of Law in China: From the Perspective of Improving the Rule of Law Quality by Promoting the Substantive Rule of Law

The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.

The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection

Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.

Advancing the Rule of Law

The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, held in Beijing from October 20 to 23, set the blueprint for rule of law in the world＇s second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow：

Zipf’s Law, Benford’s Law, and Pareto Rule

From a basic probabilistic argumentation, the Zipfian distribution and Benford’s law are derived. It is argued that Zipf’s law fits to calculate the rank probabilities of identical indistinguishable objects and that Benford’s distribution fits to calculate the rank probabilities of distinguishable objects. i.e. in the distribution of words in long texts all the words in a given rank are identical, therefore, the rank distribution is Zipfian. In logarithmic tables, the objects with identical 1st digits are distinguishable as there are many different digits in the 2nd, 3rd… places, etc., and therefore the distribution is according to Benford’s law. Pareto 20 - 80 rule is shown to be an outcome of Benford’s distribution as when the number of ranks is about 10 the probability of 20% of the high probability ranks is equal to the probability of the rest of 80% low probability ranks. It is argued that all these distributions, including the central limit theorem, are outcomes of Planck’s law and are the result of the quantization of energy. This argumentation may be considered a physical origin of probability.

The Seven Pillars of Wisdom in Private International Law——The German and the Swiss Experience with the Codification of Conflicts Law Rules

1 Introduction Whoever considers the codification of one’s private international law these days will most unlikely sit just down and compile a first draft referring to the country’s judge-made law and the accompanying scholarly writing.The desirablility,feasibility and the conceptual framework of a codification of a nation’s law of conflict of laws can hardly in any country be satisfactorily assessed without taking into account the experiences of other countries which have already marched forward on this path.

A Probe into the Issue of Socialist Rule of Law and the Reform of Legal System

The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people.

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.

Research on the Scientific Meaning of Rule of Law in China

Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.

Democracy on the Road toward the Rule of Law Started from Umbrella Movement

This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that ＂ What is the democracy？ ＂ and ＂ How should the democracy develop？ ＂ . And then, it had reviewed the historical development of the concept of democracy, on that basis, it had explored the socialist democratic system in China and analyzed the dilemmas in the construction of socialist democracy. And it gave the responses to questions in the beginning of the article and explained the reasons in details. At the last, some notes on the construction of democracy in China＇ s journey toward rule of law were written in this article.

The significance of the right to resistance in the construction of the rule of law

The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional order so as to prevent the tyranny. It is itself an integral part of the order of the rule of law. However, the establishment of this right itself is not guaranteed by the relevant legal systems. Even in the countries ruled by laws that stipulate the right to resistance of the citizens, the system is a quite threatening ＂double-edged sword＂ to the order of the rule of law. If it cannot be well regulated, it will even destroy the rule of law. There^bre, the right to resistance of the citizens has its positive significance to the construction of the rule of law, but its negative significance is inevitable. Especially in the environment of today＇s China, we should be more cautious to fit the right to resistance into our constitution.

General laws of funding for scientific citations:how citations change in funded and unfunded research between basic and applied sciences

Purpose:The goal of this study is to analyze the relationship between funded and unfunded papers and their citations in both basic and applied sciences.Design/methodology/approach:A power law model analyzes the relationship between research funding and citations of papers using 831,337 documents recorded in the Web of Science database.Findings:The original results reveal general characteristics of the diffusion of science in research fields:a)Funded articles receive higher citations compared to unfunded papers in journals;b)Funded articles exhibit a super-linear growth in citations,surpassing the increase seen in unfunded articles.This finding reveals a higher diffusion of scientific knowledge in funded articles.Moreover,c)funded articles in both basic and applied sciences demonstrate a similar expected change in citations,equivalent to about 1.23%,when the number of funded papers increases by 1%in journals.This result suggests,for the first time,that funding effect of scientific research is an invariant driver,irrespective of the nature of the basic or applied sciences.Originality/value:This evidence suggests empirical laws of funding for scientific citations that explain the importance of robust funding mechanisms for achieving impactful research outcomes in science and society.These findings here also highlight that funding for scientific research is a critical driving force in supporting citations and the dissemination of scientific knowledge in recorded documents in both basic and applied sciences.Practical implications:This comprehensive result provides a holistic view of the relationship between funding and citation performance in science to guide policymakers and R&D managers with science policies by directing funding to research in promoting the scientific development and higher diffusion of results for the progress of human society.

Navigating the Lead Laws/Rules/Standards for Renovation and Repair Activities: A Guide for Contractors and Laborers

Children and adults are often exposed to lead in homes as a result of deteriorating lead-based paint surfaces and any disturbance to those surfaces. There are a number of laws, regulations, standards and guidance documents in place aimed at minimization of lead dust contamination following renovation and repair activities. These laws and regulations are oftentimes confusing and conflicting for the maintenance contractor who has limited time and resources for researching the right and appropriate course of action. This paper provides a comprehensive review and discussion of the lead laws, regulations, standards and guidelines for contractors.

Rebuilding and Integration of Rural Governance System Based on the Combination of Self-governance,Rule of Law and Rule of Virtue

The proposal that"the rural governance system based on the combination of self-governance,rule of law and rule of virtue should be completed"was put forward in the report of the 19th National Congress of the Communist Party of China.There are many challenges for the development and difficulties for the governance of rural social transformation in the new era,so"the combination of self-governance,rule of law and rule of virtue"is realistically essential,having the objective inevitability and practical possibility.The fundamental and central role of the villagers'self-governance should be brought into full play to construct"the rural governance system based on the combination of self-govermance,rule of law and rule of virtue"under the guidance of the spirit of the 19th National Congress ofthe Communist Party of China,by taking the rule of law as the legal assurance and rule of virtue as the social affection support,managing to complete and optimize the rural governance system,realize the good and right governance in the rural society,boost the modernization construction process of the national governance ability,and realize the great objective of comprehensive rural vitalization of the"stability of the rural areas,development of the agriculture and happiness of the farmers".

A Summary of Views from the Symposium on “Comprehensively Advancing Rule of Law and China's Human Rights New Development”

The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues