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.

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.

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。

基于Photo Sphere Viewer的轻量化可量测街景系统研究

随着新型基础测绘体系发展,测绘技术和装备不断升级,大量街景数据随着车载激光扫描工作一并被采集。针对该数据路线随机性大、密集程度高等特点,以及传统街景地图系统插件受限、扩展性不强、无法量测等局限,本文设计了基于Photo Sphere Viewer的轻量化可量测街景系统,在开源插件的基础上实现了对其组件的扩充、实现了行进方向、地图交互等系统功能的设计优化,进一步实现了基于深度图的街景地图量测功能。生产作业队伍对系统的使用结果表明,该系统可以辅助生产作业队伍进行属性采集、纹理更新、数据检查等多项工作,操作灵活便捷,且具有较强的可扩展性,便于基于生产需求进行改进调整,提高了生产效率,为新型基础测绘成果进一步深化应用提供了良好的借鉴作用。

Review on cyclic plasticity of magnesium alloys:Experiments and constitutive models

Fatigue analysis has always been a concern in the design and assessment of Mg alloy structure components subjected to cyclic loading,and research on the cyclic plasticity is fundamental to investigate the corresponding fatigue failure.Thus,this work reviews the progress in the cyclic plasticity of Mg alloys.First,the existing macroscopic and microscopic experimental results of Mg alloys are summarized.Then,corresponding macroscopic phenomenological constitutive models and crystal plasticity-based models are reviewed.Finally,some conclusions and recommended topics on the cyclic plasticity of Mg alloys are provided to boost the further development and application of Mg alloys.

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.

The theory development of traditional Chinese medicine constitution: a review

Traditional Chinese medicine constitution (TCMC),as one of the most important parts of Chinese medicine theory,attracted the attention of more and more researchers and many research projects were conducted during past several decades in China's Mainland.This review provided a historic overview of TCMC theory and research progress in its classification,evaluation criteria and epidemiology,so as to give people through a different lens to understand human health.

Review on constitutive models of road materials

Road material constitutive model is the essential condition of pavement structure design,calculation,and maintenance decision.Experts have conducted in-depth studies on the problems and proposed many meaningful constitutive models.However,these constitutive models have not been summarized and no uniform conclusion on the applicability of them is reported in the academic circle.The linear elastic model based on Hooke's law is still used in pavement structure design.This paper systematically reviewed the existing constitutive models that reflect the materials'mechanical properties and used for pavement structure calculation.These constitutive models were divided into three categories:linear,nonlinear,and damage models under repeated loads.The applicable conditions,parameter determination methods,advantages,and disadvantages of each model were introduced.Moreover,the model's feasibility in structural design and calculation was analyzed.Follow-up studies should focus on the parameter determination standard of viscoelastic constitutive models,the extension of the 1D constitutive model to 3D state,and the nonlinear constitutive models related to stress-strain state to drive the application of the constitutive models in pavement structure calculation and design.Furthermore,to evaluate the life cycle service performance of road materials and structures,establishing the pavement damage model from the structure perspective will be the future direction.

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.

NEW POINTS OF VIEW ON THE NONLOCAL FIELD THEORY AND THEIR APPLICATIONS TO THE FRACTURE MECHANICS(Ⅱ)——RE-DISCUSS NONLINEAR CONSTITUTIVE EQUATIONS OF NONLOCAL THERMOELASTIC BODIES

In this paper, nonlinear constitutive equations are deduced strictly according to the constitutive axioms of rational continuum mechanics. The existing judgments are modified and improved. The results show that the constitutive responses of nonlocal thermoelastic body are related to the curvature and higher order gradient of its material space, and there exists an antisymmetric stress whose average value in the domain occupied by thermoelastic body is equal to zero. The expressions of the antisymmetric stress and the nonlocal residuals are given. The conclusion that the directions of thermal conduction and temperature gradient are consistent is reached. In addition, the objectivity about the nonlocal residuals and the energy conservation law of nonlocal field is discussed briefly, and a formula for calculating the nonlocal residuals of energy changing with rigid motion of the spatial frame of reference is derived.

Inverse design of mechanical metamaterial achieving a prescribedconstitutive curve

Besides exhibiting excellent capabilities such as energy absorption,phase-transforming metamaterials offer a vast design space for achieving nonlinear constitutive relations.This is facilitated by switching between different patterns under deformation.However,the related inverse design problem is quite challenging,due to the lack of appropriate mathematical formulation and the convergence issue in the post-buckling analysis of intermediate designs.In this work,periodic unit cells are explicitly described by the moving morphable voids method and effectively analyzed by eliminating the degrees of freedom in void regions.Furthermore,by exploring the Pareto frontiers between error and cost,an inverse design formulation is proposed for unit cells.This formulation aims to achieve a prescribed constitutive curve and is validated through numerical examples and experimental results.The design approach presented here can be extended to the inverse design of other types of mechanical metamaterials with prescribed nonlinear effective properties.

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.

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.

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.

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.

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/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.