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.

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.

Prospects and limitations of soil amendment and irrigation techniques for the water-saving public urban greenery and ephemeral weed management in the sandy soils of the United Arab Emirates

Public urban greenery greatly contributes to the residential and tourist value of cities in the Gulf Region,but due to the hyper-arid climatic conditions,the cost of irrigation and plant maintenance is very high.Existing strategies to reduce the monetary and ecological costs involve the cultivation of native xerophytic plantations,and/or the use of soil improvers to increase water-and nutrient-holding capacity of the sandy soils.Various soil improvers based on mineral,organic,or synthetic materials have entered the United Arab Emirates(UAE)market in recent years,but there is considerable uncertainty about how they should best be used in combination with ornamental plant stands involving xerophytic native plants.The present study investigated the effect of soil amendment and deep pipe irrigation on perennial ornamental plant stands involving native plants(Tephrosia appolinea(Gel.)Link in combination with Aerva javanica(Burm.f.)Juss.ex Schult.)and native-exotic plants(T.appolinea in combination with Ruelia simplex C.Wright)either or not topsoil and subsoil amendment with bentonite and hydrophobic sand under the irrigation water supply of less than 50%of reference evapotranspiration(ET0).After one year of cultivation,T.appolinea and A.javanica(native vs.native)produced high biomass and exhibited high water use efficiency(WUE)as compared with T.appolinea and R.simplex(native vs.exotic)combination given that no significant differences were found under the soil amendment treatments.All stands thrived under irrigation water supply far below what is usually supplied to exotic ornamental stands in public parks of the Al Ain City,the UAE.However,subsoil amendment in combination with deep pipe irrigation reduced the occurrence of weeds and increased the overall plant rooting depth.Our results suggest that subsoil amendment and irrigation up to 60-80 cm depth can potentially control ephemeral weed infestation,which is a great challenge in various plant production systems of the Gulf Region.The results of the present study suggest that the impact of soil amendment on the WUE of exotic plants is marginal and might not be economically justified.Replacing exotic with native ornamental plant species seems to have a far greater water-saving potential than the amendment of the soil,while weeds can be suppressed in the absence of topsoil moisture.

Theoretical investigation on axial cyclic performance of monopile in sands using interface constitutive models

Cyclic loads generated by environmental factors,such as winds,waves,and trains,will likely lead to performance degradation in pile foundations,resulting in issues like permanent displacement accumulation and bearing capacity attenuation.This paper presents a semi-analytical solution for predicting the axial cyclic behavior of piles in sands.The solution relies on two enhanced nonlinear load-transfer models considering stress-strain hysteresis and cyclic degradation in the pile-soil interaction.Model parameters are calibrated through cyclic shear tests of the sand-steel interface and laboratory geotechnical testing of sands.A novel aspect involves the meticulous formulation of the shaft loadtransfer function using an interface constitutive model,which inherently inherits the interface model’s advantages,such as capturing hysteresis,hardening,degradation,and particle breakage.The semi-analytical solution is computed numerically using the matrix displacement method,and the calculated values are validated through model tests performed on non-displacement and displacement piles in sands.The results demonstrate that the predicted values show excellent agreement with the measured values for both the static and cyclic responses of piles in sands.The displacement pile response,including factors such as bearing capacity,mobilized shaft resistance,and convergence rate of permanent settlement,exhibit improvements compared to non-displacement piles attributed to the soil squeezing effect.This methodology presents an innovative analytical framework,allowing for integrating cyclic interface models into the theoretical investigation of pile responses.

Construction of an Arrhenius constitutive model for Mg-Y-Nd-Zr-Gd rare earth magnesium alloy based on the Zener-Hollomon parameter and objective evaluation of its accuracy in the twinning-rich intervals

According to a high-temperature compression test of rare earth magnesium alloy(WE43),a strain-compensated constitutive model of the Arrhenius equation based on Zener-Hollomon parameters was established,and the rheological behaviors were predicted.The model exhibited relatively serious prediction distortion in the low-temperature and high-strain rate parameter interval,and its accuracy was still unsatisfactory even after modification by a correction operator considering the coupling of temperature and strain rate.The microstructure characterization and statistical analysis showed that a large number of twinning occurred in the parameter intervals with prediction deviation.The occurrence of twinning complicated the local internal stress distribution by drastically changing the crystal orientation and led to significant fluctuations in the macroscopic strain-stress and hardening curves relative to the rheological processes dominated by the dislocation and softening mechanisms,making the logarithm of the strain rate and stress deviate from the linear relationship.This twinning phenomenon was greatly influenced by the temperature and strain rate.Herein,the influence mechanism on twinning behavior was analyzed from the perspective of the interaction of dislocation and twinning.

Investigation of FRP and SFRC Technologies for Efficient Tunnel Reinforcement Using the Cohesive Zone Model

Amid urbanization and the continuous expansion of transportation networks,the necessity for tunnel construction and maintenance has become paramount.Addressing this need requires the investigation of efficient,economical,and robust tunnel reinforcement techniques.This paper explores fiber reinforced polymer(FRP)and steel fiber reinforced concrete(SFRC)technologies,which have emerged as viable solutions for enhancing tunnel structures.FRP is celebrated for its lightweight and high-strength attributes,effectively augmenting load-bearing capacity and seismic resistance,while SFRC’s notable crack resistance and longevity potentially enhance the performance of tunnel segments.Nonetheless,current research predominantly focuses on experimental analysis,lacking comprehensive theoretical models.To bridge this gap,the cohesive zone model(CZM),which utilizes cohesive elements to characterize the potential fracture surfaces of concrete/SFRC,the rebar-concrete interface,and the FRP-concrete interface,was employed.A modeling approach was subsequently proposed to construct a tunnel segment model reinforced with either SFRC or FRP.Moreover,the corresponding mixed-mode constitutive models,considering interfacial friction,were integrated into the proposed model.Experimental validation and numerical simulations corroborated the accuracy of the proposed model.Additionally,this study examined the reinforcement design of tunnel segments.Through a numerical evaluation,the effectiveness of innovative reinforcement schemes,such as substituting concrete with SFRC and externally bonding FRP sheets,was assessed utilizing a case study from the Fuzhou Metro Shield Tunnel Construction Project.

Effects of sawdust soil amendment on the soil, growth and yield of Solanum esculentum Linn. in waste engine oil-polluted soil

This study investigated the effects of sawdust as a soil amendment on certain growth parameters of Solanum esculentum Linn. grown in soil polluted with various concentrations of waste engine oil, and changes in the physicochemical proper- ties of the soil. The purpose was to assess the soil remediation potentials of sawdust in waste engine oil-polluted soil. The experiment was divided into three regimes： control （air-dried soil without waste engine oil and with clean sawdust）, pol- luted （waste engine oil-contaminated soil）, and amended （oil-polluted soil amended with sawdust）. Enough 3-kg soil samples were sieved and air-dried to prepare five treatment levels of waste engine oil-contaminated soil （30 mL, 1%; 60 mL, 2%; 90 mL, 3%; 120 mL, 4%; and 150 mL, 5%）, as well as five additional treatment levels （the same amounts ofoil contamination） in soil amended with sawdust. The treatment levels were replicated five times in a completely randomized design. A nursery bed was planted with a hybrid tomato variety （Roma V F） obtained from National Horticultural Research Institute （NIHORT） in Ibadan, Nigeria. During the maturation period, the growth parameters such as plant height, number of leaves, and number of branches per plant were determined and then the harvested plants were oven dried at 70 ℃for 48 hours to determine their dry weights. The effects of the sawdust amendment on the soil were assessed by determining the soil pH （glass electrode pH meter）, total nitrogen （Kjeldahl method）, total phosphorus （Bray-1 solution）, and potassium （on the leacheate by a flame photometer）. Chromium, lead, and cadmium contents were determined using an atomic absorption spectrophotometer. Analysis of variance and a Duncan multiple-range test were employed to test significant differences in the soil properties of the three regimes. The growth performance ofSolanum esculentum Linn. in the amended regime （soil with sawdust） at the 150-mL waste engine oil-contamination level was significantly higher than in the polluted regime （soil without sawdust）. After plant harvest, the pH of the soil was shown to be clearly affected by the addition of waste engine oil. The control soil （air-dried only, no sawdust, no oil） had the highest pH value, 6.60, which was significantly different from the pH values at other levels of waste engine oil contamination. However, when amended with sawdust, the control soil had a significantly lower pH value than the unamended control soil. This study further demonstrates that sawdust has the potential of amending waste engine oil-contaminated soil for increasing tomato growth performance because it is capable of increasing the soil nutrient content and reducing the soil total hydrocarbon content.

Research Status of Traditional Chinese Medicine Constitution Theory in Insomnia

With the development of modern bio-psycho-social medical model and traditional Chinese medicine(TCM)constitution theory,we gradually realize that the exploration of the constitution characteristics of insomnia is of great significance for the reveal of the origin of insomnia and the innovation of its treatment and nursing methods.This paper focused on the analysis of the investigation of TCM constitution classification of insomnia and the application of TCM constitution theory in the treatmentand nursing of insomnia.Moreover,the research prospect of insomnia in TCM constitution was discussed.The purpose is to provide theoretical basis for the treatment and nursing of patients with insomnia based on analysis of constitution differentiationin the future,and to better serve the clinic.

Pore constitution and tortuosity factor of reactively synthesized porous TiAl intermetallic compound

The pore constitution and tortuosity factor of porous TiAl intermetallic were studied on the basis of the variation behavior of pore structure parameters and the discrete particle model. The pore formation mechanism of porous TiAl is mainly ascribed to three aspects: the clearance space in green compact, the diffusive pores in the reaction process and the phase transition pores, resulting in the open porosities of 5.6%, 42.9% and 1.3%, respectively. According to the Hagen-Poiseuille equation, the tortuosity factor of porous TiAl is determined in the range of 1.3-2.2. Based on the discrete particle model and the variation rule of the tortuosity factor, the tortuosity factor depends mainly on the parameters of fabrication constant, particle shape factor, clearance distance and powder particle size. The quantitative relationships among them have been established, which can be used as the basis for adjusting the pore structure of porous intermetallics.

The effects of calcium combined with chitosan amendment on the bioavailability of exogenous Pb in calcareous soil

Lead(Pb) in soil may accumulate in crops and enter the human body. This study aimed to understand the speciation transformation and accumulation characteristics of exogenous Pb in calcareous soil with or without the application of soil amendments. Field experiments with continuous maize cultivation have been carried out for two years. The results showed that the contents of total Pb were slightly lower in 2016 than in 2015 for the same treatments;however, no significant difference between the years was observed. Soil Pb existed mainly in the residual fraction without exogenous Pb addition, and its proportion was more than 33% of the total soil Pb in the control and Ca treatments. When Pb was added to calcareous soil, Pb existed largely in the oxidizable and reducible fractions during the two-year experimental period, and those fractions made up over 83% of the total Pb. The proportion of the water-soluble Pb, regardless of the addition of Pb, was the lowest and was less than 0.0019% in all treatments, but the addition of Ca and chitosan amendments reduced the water-soluble and exchangeable Pb contents. The Pb content in different parts of maize followed the order root>leaf>stem>grain during the experimental period. Although maize had low transfer and enrichment factors in calcareous soil, which make the Pb content in the grain show no significant difference among the five treatments in the same year, adding Ca and chitosan to calcareous soil can reduce the Pb contents of maize, especially reduce the Pb contents of root, stem and leaf. Therefore, the addition of calcium and chitosan is an effective strategy for reducing Pb availability in calcareous soils.

Correlation between Tibetan and traditional Chinese medicine body constitutions: A cross-sectional study of Tibetan college students in the Tibet Autonomous Region

Objective:To evaluate the correlation between the body constitution types of Tibetan medicine and traditional Chinese medicine (TCM).Methods:The cluster sampling method was employed to recruit participants from a university in the Tibet Autonomous Region.Tibetan medicine and TCM questionnaires were respectively used to assess the participants' constitution information.Descriptive statistics were applied to analyze the baseline and constitution characteristics of the participants.Two-factor correlation analysis and the paired chi-square test were applied to analyze the correlation between Tibetan and TCM constitution types.Results:Data from 466 Tibetan students were analyzed.The mean scores of the rlung,mkhris pa,and bad kan constitution types in Tibetan medicine were 43.2 (11.1),42.1 (10.1),and 45.0 (8.0),respectively;participants with the three-factor convergence body constitution type accounted for 13.7% of the whole population.Among the TCM constitution types,qi stagnation was the most common (21.5%),followed by the balance type (16.5%);the other constitutions detected were qi deficiency,yin deficiency,and yang deficiency.The rate of consistency for the identification of the three-factor convergence constitution in Tibetan medicine and the balance constitution in TCM was 89.1%,with a Kappa coefficient of 0.57 (P >.05).The rlung constitution in Tibetan medicine was associated with the yin deficiency,yang deficiency,and blood stasis constitutions in TCM.The mkhhris pa constitution in Tibetan medicine was associated with the damp heat and yin deficiency constitutions in TCM.The bad kan constitution in Tibetan medicine was associated with the phlegm dampness,qi deficiency,and yin deficiency constitutions in TCM.Conclusion:There is a correlation between the body constitution types of Tibetan medicine and TCM.The reliability and validity of the Questionnaire for TibetanMedicine Constitution requires improvement,and more studies with larger sample sizes and more varied populations are warranted to verify the correlation between Tibetan medicine and TCM constitutions.

<i>Tithonia diversifolia</i>Leaves and Stems Use as Substrate Amendment Promote the Growth of Plantain Vivoplants in the Nursery

Tithonia diversifolia is a year-round weed that decomposes rapidly after application as a soil amendment and it is more and more used in agriculture due to its numerous properties. The use of Tithonia diversifolia in the production of plantain vivoplants is a great opportunity for small holders’ farmers that cannot easily buy chemical inputs for yield improvement. All plant parts are used because of their richness in nutrients, mineral elements and phytochemicals without knowing which part is the most efficient. Tithonia diversifolia used as substrate amendment for plantain vivoplants production in nursery could promote their growth. This study aims to evaluate the effect of T. diversifolia leaves and stems as substrate amendment on plantain vivoplants growth promotion. The vivoplants were produced in substrates amended with T. diversifolia leaves, stems, combination of leaves and stems, and control without amendment. The vegetative growth parameters (number of shoots, height and diameter of shoots, area of shoots leaves) were assessed in sterilized substrate and unsterilized substrate conditions. T. diversifolia leaves and stems treatment increases the number of shoots, the height and the diameter of shoots as well as the area of shoots leaves compared to the control. T. diversifolia stems are the more efficient treatment, followed by the combination of T. diversifolia leaves and stems and finally the T. diversifolia leaves. They act as a biofertilizer promoting thus, the growth of plantain vivoplants in the nursery. All parts of Tithonia diversifolia can therefore be used by poor small holder farmers, as green manure for soil amendment in a green agriculture context.

Reduction of the Pathogenic Propagules of Fusarium profiferatum by Solar and Combined Soil Amendments

The effects of solarisation using clear, UV stabilized, 25μm low density polyethylene mulching combined with soil amendment of chicken manures 12 th^-1, mixed fungicides of Metalaxyl 2 g-Benlate 1.5 g L^-l, Biocontrol agent of Trichoderma harzianum （T.h.） and NPK fertilizer 180 Kg h^-1, on the survived micro and macrocondia of Fusarium proliferatum （Matsushita） Nirenberg were ascertained during summer 2008. Mulched treatments within 45 and 60 days significantly reduced viable propagules to 6 and 3.4 × l03 cfu1 g soil, respectively at 5 cm depth followed by 15 and 30 cm soil depth. Natural heating of dry soil reduced an initial population of 76 × 10^3 to 46.73, 49 and 49.13 × 103 cfu＇lg soil at 5, 15 and 30 cm depth, respectively. Therefore, Fusarium proliferatum reduced by 85.29 and 89.22% within 45 and 60 days compared to 38% in control aired soil. Application of mulching with T. harzianum caused a worthwhile reduction 84.37% in viable propagules, solar with low doses of Metalaxyl-Benlate further reduced Fusarium propagules at all depths 95.5%. Combining chicken manures proved its reduction of fungi cfu at 5 cm depth only, whereas NPK amendments failed in their reduction effects at various depths. However, almost 95% reduction in Fusarium propagules was achieved at various soil depths when combining Met.-Ben., with soil mulching. Combining T.h. was also proved to be significant in reducing fungus inoculum by 88.58, 96.06% at 5 and 15 cm depth. Generally, manures and NPK fertilizers amended soil found equally effective in reducing cfu of Fusarium at 5 and 15 cm depth similar to polyethylene mulching for both solar duration.

"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.

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.

A Discussion on the Constitution Factors of Thin Endometrium Based on the Theory of Qi and Blood

Thin endometrium has been proven to be a key contributing factor leading to infertility and poor pregnancy outcomes.Increasing the thickness and capacity of thin endometrium seems to be one of the challenging issues in reproductive medicine.The states of qi and blood are closely related to uterine blood circulation.Constitution is regarded as an important basis for determining the incidence as well as distinguishing,preventing,and treating diseases in traditional Chinese medicine.Based on the theory of qi and blood,this paper discusses the constitution factors of thin endometrium and puts forward the prospect of using big data tools to investigate the correlation between qi-blood imbalance constitution and the incidence of thin endometrium,so as to explore new approaches for the prevention and treatment of thin endometrium by regulating qi and blood as well as improving the constitution condition.

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.

Experimental study of the damage characteristics of rocks containing non-penetrating cracks under cyclic loading

The damage evolution process of non-penetrating cracks often causes some unexpected engineering disasters.Gypsum specimens containing non-penetrating crack(s)are used to study the damage evolution and characteristics under cyclic loading.The results show that under cyclic loading,the relationship between the number of non-penetrating crack(s)and the characteristic parameters(cyclic number,peak stress,peak strain,failure stress,and failure strain)of the pre-cracked specimens can be represented by a decreasing linear function.The damage evolution equation is fitted by calibrating the accumulative plastic strain for each cycle,and the damage constitutive equation is proposed by the concept of effective stress.Additionally,non-penetrating cracks are more likely to cause uneven stress distribution,damage accumulation,and local failure of specimen.The local failure can change the stress distribution and relieve the inhibition of non-penetrating crack extension and eventually cause a dramatic destruction of the specimen.Therefore,the evolution process caused by non-penetrating cracks can be regarded as one of the important reasons for inducing rockburst.These results are expected to improve the understanding of the process of spalling formation and rockburst and can be used to analyze the stability of rocks or rock structures.

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.