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.

Development and Application of a Power Law Constitutive Model for Eddy Current Dampers

Eddy current dampers (ECDs) have emerged as highly desirable solutions for vibration control due to theirexceptional damping performance and durability. However, the existing constitutive models present challenges tothe widespread implementation of ECD technology, and there is limited availability of finite element analysis (FEA)software capable of accurately modeling the behavior of ECDs. This study addresses these issues by developing anewconstitutivemodel that is both easily understandable and user-friendly for FEAsoftware. By utilizing numericalresults obtained from electromagnetic FEA, a novel power law constitutive model is proposed to capture thenonlinear behavior of ECDs. The effectiveness of the power law constitutive model is validated throughmechanicalproperty tests and numerical seismic analysis. Furthermore, a detailed description of the application process ofthe power law constitutive model in ANSYS FEA software is provided. To facilitate the preliminary design ofECDs, an analytical derivation of energy dissipation and parameter optimization for ECDs under harmonicmotionis performed. The results demonstrate that the power law constitutive model serves as a viable alternative forconducting dynamic analysis using FEA and optimizing parameters for ECDs.

Why The Constitution Should Protect Personal Credit Information?——An Approach of Right Argumentation

Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.

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.

An improved strain-softening constitutive model of granite considering the effect of crack deformation

This paper presents an improved strain-softening constitutive model considering the effect of crack deformation based on the triaxial cyclic loading and unloading test results.The improved model assumes that total strain is a combination of plastic,elastic,and crack strains.The constitutive relationship between the crack strain and the stress was further derived.The evolutions of mechanical parameters,i.e.strength parameters,dilation angle,unloading elastic modulus,and deformation parameters of crack,with the plastic strain and confining pressure were studied.With the increase in plastic strain,the cohesion,friction angle,dilation angle,and crack Poisson's ratio initially increase and subsequently decrease,and the unloading elastic modulus and the crack elastic modulus nonlinearly decrease.The increasing confining pressure enhances the strength and unloading elastic modulus,and decreases the dilation angle and Poisson's ratio of the crack.The theoretical triaxial compressive stress-strain curves were compared with the experimental results,and they present a good agreement with each other.The improved constitutive model can well reflect the nonlinear mechanical behavior of granite.

A systematic study of Erzhu Erchen decoction against damp-heat internalized type 2 diabetes based on data mining and experimental verification

Background:Erzhu Erchen decoction(EZECD),which is based on Erchen decoction and enhanced with Atractylodes lancea and Atractylodes macrocephala,is widely used for the treatment of dampness and heat(The clinical manifestations of Western medicine include thirst,inability to drink more,diarrhea,yellow urine,red tongue,et al.)internalized disease.Nevertheless,the mechanism of EZECD on damp-heat internalized Type 2 diabetes(T2D)remains unknown.We employed data mining,pharmacology databases and experimental verification to study how EZECD treats damp-heat internalized T2D.Methods:The main compounds or genes of EZECD and damp-heat internalized T2D were obtained from the pharmacology databases.Succeeding,the overlapped targets of EZECD and damp-heat internalized T2D were performed by the Gene Ontology,kyoto encyclopedia of genes and genomes analysis.And the compound-disease targets-pathway network were constructed to obtain the hub compound.Moreover,the hub genes and core related pathways were mined with weighted gene co-expression network analysis based on Gene Expression Omnibus database,the capability of hub compound and genes was valid in AutoDock 1.5.7.Furthermore,and violin plot and gene set enrichment analysis were performed to explore the role of hub genes in damp-heat internalized T2D.Finally,the interactions of hub compound and genes were explored using Comparative Toxicogenomics Database and quantitative polymerase chain reaction.Results:First,herb-compounds-genes-disease network illustrated that the hub compound of EZECD for damp-heat internalized T2D could be quercetin.Consistently,the hub genes were CASP8,CCL2,and AHR according to weighted gene co-expression network analysis.Molecular docking showed that quercetin could bind with the hub genes.Further,gene set enrichment analysis and Gene Ontology represented that CASP8,or CCL2,is negatively involved in insulin secretion response to the TNF or lipopolysaccharide process,and AHR or CCL2 positively regulated lipid and atherosclerosis,and/or including NOD-like receptor signaling pathway,and TNF signaling pathway.Ultimately,the quantitative polymerase chain reaction and western blotting analysis showed that quercetin could down-regulated the mRNA and protein experssion of CASP8,CCL2,and AHR.It was consistent with the results in Comparative Toxicogenomics Database databases.Conclusion:These results demonstrated quercetin could inhibit the expression of CASP8,CCL2,AHR in damp-heat internalized T2D,which improves insulin secretion and inhibits lipid and atherosclerosis,as well as/or including NOD-like receptor signaling pathway,and TNF signaling pathway,suggesting that EZECD may be more effective to treat damp-heat internalized T2D.

Fatigue properties and damage constitutive model of salt rock based on CT scanning

To investigate the macroscopic fatigue properties and the mesoscopic pore evolution characteristics of salt rock under cyclic loading,fatigue tests under different upper-limit stresses were carried out on salt rock,and the mesoscopic pore structures of salt rock before and after fatigue tests and under different cycle numbers were measured using CT scanning instrument.Based on the test results,the effects of the cycle number and the upper-limit stress on the evolution of cracks,pore morphology,pore number,pore volume,pore size,plane porosity,and volume porosity of salt rock were analyzed.The failure path of salt rock specimens under cyclic loading was analyzed using the distribution law of plane porosity.The damage variable of salt rock under cyclic loading was defined on basis of the variation of volume porosity with cycle number.In order to describe the fatigue deformation behavior of salt rock under cyclic loading,the nonlinear Burgers damage constitutive model was further established.The results show that the model established can better reflect the whole development process of fatigue deformation of salt rock under cyclic loading.

The Concept of Human Rights in the Constitution and Its Functional Significance

To practice the constitutional provision that “The state respects and protects human rights”, we should clarify its connotation. The understanding of human rights is a natural requirement and the key. In domestic academia, human rights are considered natural rights and interpreted as “moral rights that everyone should enjoy as a human being”, hoping to provide theoretical support for the development of the system centered on the basic rights of citizens in China.Although it reveals the universal moral connotation of human rights, it does not cover the normative connotation of human rights as common international standards. Therefore, it is impossible to fully clarify the functional significance of the provision. It is conducive to scientifically clarifying the relationship between human rights and basic civil rights,better improving the institutional protection of human rights in China,and promoting the building of a community with a shared future for mankind to interpret human rights as common international standards that everyone should enjoy for human dignity based on the development of the international legal order under the Charter of the United Nations since the end of the World War Ⅱ.

Nonlinear constitutive models of rock structural plane and their applications

Structural planes play an important role in controlling the stability of rock engineering,and the influence of structural planes should be considered in the design and construction process of rock engineering.In this paper,mechanical properties,constitutive theory,and numerical application of structural plane are studied by a combination method of laboratory tests,theoretical derivation,and program development.The test results reveal the change laws of various mechanical parameters under different roughness and normal stress.At the pre-peak stage,a non-stationary model of shear stiffness is established,and threedimensional empirical prediction models for initial shear stiffness and residual stage roughness are proposed.The nonlinear constitutive models are established based on elasto-plastic mechanics,and the algorithms of the models are developed based on the return mapping algorithm.According to a large number of statistical analysis results,empirical prediction models are proposed for model parameters expressed by structural plane characteristic parameters.Finally,the discrete element method(DEM)is chosen to embed the constitutive models for practical application.The running programs of the constitutive models have been compiled into the discrete element model library.The comparison results between the proposed model and the Mohr-Coulomb slip model show that the proposed model can better describe nonlinear changes at different stages,and the predicted shear strength,peak strain and shear stiffness are closer to the test results.The research results of the paper are conducive to the accurate evaluation of structural plane in rock engineering.

Time-domain dynamic constitutive model suitable for mucky soil site seismic response

Soil nonlinear behavior displays noticeable effects on the site seismic response.This study proposes a new functional expression of the skeleton curve to replace the hyperbolic skeleton curve.By integrating shear modulus and combining the dynamic skeleton curve and the damping degradation coefficient,the constitutive equation of the logarithmic dynamic skeleton can be obtained,which considers the damping effect in a soil dynamics problem.Based on the finite difference method and the multi-transmitting boundary condition,a 1D site seismic response analysis program called Soilresp1D has been developed herein and used to analyze the time-domain seismic response in three types of sites.At the same time,this study also provides numerical simulation results based on the hyperbolic constitutive model and the equivalent linear method.The results verify the rationality of the new soil dynamic constitutive model.It can analyze the mucky soil site nonlinear seismic response,reflecting the deformation characteristics and damping effect of the silty soil.The hysteresis loop area is more extensive,and the residual strain is evident.

A thermodynamics-based three-scale constitutive model for partially saturated granular materials

A three-scale constitutive model for unsaturated granular materials based on thermodynamic theory is presented.The three-scale yield locus,derived from the explicit yield criterion for solid matrix,is developed from a series of discrete interparticle contact planes.The three-scale yield locus is sensitive to porosity changes;therefore,it is reinterpreted as a corresponding constitutive model without phenomenological parameters.Furthermore,a water retention curve is proposed based on special pore morphology and experimental observations.The features of the partially saturated granular materials are well captured by the model.Under wetting and isotropic compression,volumetric compaction occurs,and the degree of saturation increases.Moreover,the higher the matric suction,the greater the strength,and the smaller the volumetric compaction.Compared with the phenomenological Barcelona basic model,the proposed three-scale constitutive model has fewer parameters;virtually all parameters have clear physical meanings.

"Heterozygous Treatment"Method to Improve the Biased Status of the Damp-Heat Constitution and Symptom Integral:Randomized Controlled Trial

Objective:To observe the clinical effect of"heterozygous treatment"intervening the damp-heat constitution.Method:One hundred and six cases with damp-heat constitution were randomly divided into the observation group and control group,fifty-three cases for each group.Lianpu drink was given to the two groups,and the observation group was treated with scraping,acupuncture,cupping,constitution care and popularization of constitution science for"heterozygous treatment"based on the control group.70 days later,"constitution classification and determination table of traditional Chinese medicine"was used to determine,and statistics was applied to analyze the change of the symptoms of the two groups before and after the intervention.Results:in the observation group,compared to before the intervention,symptoms like dirty and oily complexion,yellow greasy tongue,bitter taste,dullness and scanty dark urine were significantly improved(P<0.05),and improvement of the above symptoms was greater than the control group(P<0.05).Conclusion:There is no significant difference between the two groups(P>0.05).Conclusion:the"heterozygous treatment"method can significantly improve the clinical symptoms of people with damp-heat constitution,with a better role in regulating.

Parameter calibration of the tensile-shear interactive damage constitutive model for sandstone failure

The tensile-shear interactive damage(TSID)model is a novel and powerful constitutive model for rock-like materials.This study proposes a methodology to calibrate the TSID model parameters to simulate sandstone.The basic parameters of sandstone are determined through a series of static and dynamic tests,including uniaxial compression,Brazilian disc,triaxial compression under varying confining pressures,hydrostatic compression,and dynamic compression and tensile tests with a split Hopkinson pressure bar.Based on the sandstone test results from this study and previous research,a step-by-step procedure for parameter calibration is outlined,which accounts for the categories of the strength surface,equation of state(EOS),strain rate effect,and damage.The calibrated parameters are verified through numerical tests that correspond to the experimental loading conditions.Consistency between numerical results and experimental data indicates the precision and reliability of the calibrated parameters.The methodology presented in this study is scientifically sound,straightforward,and essential for improving the TSID model.Furthermore,it has the potential to contribute to other rock constitutive models,particularly new user-defined models.

Damage constitutive model of lunar soil simulant geopolymer under impact loading

Lunar base construction is a crucial component of the lunar exploration program,and considering the dynamic characteristics of lunar soil is important for moon construction.Therefore,investigating the dynamic properties of lunar soil by establishing a constitutive relationship is critical for providing a theoretical basis for its damage evolution.In this paper,a split Hopkinson pressure bar(SHPB)device was used to perform three sets of impact tests under different pressures on a lunar soil simulant geopolymer(LSSG)with sodium silicate(Na_(2)SiO_(3))contents of 1%,3%,5%and 7%.The dynamic stressestrain curves,failure modes,and energy variation rules of LSSG under different pressures were obtained.The equation was modified based on the ZWT viscoelastic constitutive model and was combined with the damage variable.The damage element obeys the Weibull distribution and the constitutive equation that can describe the mechanical properties of LSSG under dynamic loading was obtained.The results demonstrate that the dynamic compressive strength of LSSG has a marked strain-rate strengthening effect.Na_(2)SiO_(3) has both strengthening and deterioration effects on the dynamic compressive strength of LSSG.As Na_(2)SiO_(3) grows,the dynamic compressive strength of LSSG first increases and then decreases.At a fixed air pressure,5%Na_(2)SiO_(3) had the largest dynamic compressive strength,the largest incident energy,the smallest absorbed energy,and the lightest damage.The ZWT equation was modified according to the stress response properties of LSSG and the range of the SHPB strain rate to obtain the constitutive equation of the LSSG,and the model’s correctness was confirmed.

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。

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。

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。

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.

Mao Zedong and Legislation on Constitution of 1954

1954年9月20日，第一届全国人民代表大会第一次会议通过的《中华人民共和国宪法》（下称“五四宪法”）是中华人民共和国的第一部宪法。毛泽东全程参与了“五四宪法”的起草、修改和讨论工作。毛泽东确立“五四宪法”的立法指导思想，一是“五四宪法”是过渡性的宪法，二是“五四宪法”是治国的的总章程；立法基本原则为：原则性和灵活性相结合的原则，领导和群众相结合的原则，借鉴本国历史上和外国有益经验的原则。这些立法指导思想和基本原则，对当代中国立法具有普遍的指导意义。

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).