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”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”。

APPLICABILITY OF THE MASS ACTION LAW IN COMBINATION WITH THE COEXISTENCE THEORY OF METALLIC MELTS INVOLVING COMPOUND TO BINARY METALLIC MELTS

Based on the atomicity and molecularity as well as the consistency ofthermodynamic properties and activities of metallic melts with their structures, the coexistencetheory of metallic melts structure involving compound has been suggested. According to this theory,the calculating models of mass action concentrations for different binary metallic melts have beenformulated. The calculated mass action concentrations agree well with corresponding measuredactivities, which confirms that the suggested theory can reflect the structural characteristics ofmetallic melts involving compound and that the mass action law is widely applicable to this kind ofmetallic melts.

RENEWAL OF BASIC LAWS AND PRINCIPLES FOR POLAR CON-TINUUM THEORIES (Ⅱ)—MICROMORPHIC CONTINUUM THEORY AND COUPLE STRESS THEORY

The purpose is to reestablish the balance laws of momentum, angular momentum and energy and to derive the corresponding local and nonlocal balance equations for micromorphic continuum mechanics and couple stress theory. The desired results for micromorphic continuum mechanics and couple stress theory are naturally obtained via direct transitions and reductions from the coupled conservation law of energy for micropolar continuum theory, respectively. The basic balance laws and equations for micromorphic continuum mechanics and couple stress theory are constituted by combining these results derived here and the traditional conservation laws and equations of mass and microinertia and the entropy inequality. The incomplete degrees of the former related continuum theories are clarified. Finally, some special cases are conveniently derived.

Mechanical Properties of Simple s-p Metals, and Defect Energies from Electron Theory and from Interatomic Force Laws

The cleavage force F(z) needed to separate parallel atomic planes by a distance z is first discussed for simple s-p metals using density functional theory.For the s-p nearly free-electron metals the linearized Thomas-Fermi equation is solved self-consistently in the cases of (a) semi-infinite planes of jellium (i.e. smeared uniform positive ions) and (b) a semi-infinite cylinder of finite radius, cleaved by a plane perpendicular to its axis. In (a), the elastic region has the form F(z)=Az ∝ Zrs-11/2, where rs is the mean interelectronic distance in the jellium model. Size effects are then considered, with possible relevance to atomic force microscopy.Defect energies are treated, using both electron theory and pair force laws.

Ohm’s Law Refutes Current Version of the Special Theory of Relativity

It is shown that Ohm’s law is not only the main electrical engineering law, but also a generally scientific worldview law of the extreme significance, as in the interpretation of Steinmetz it proves physical reality of imaginary numbers theoretically and experimentally in the most indisputable way. Thus, it refutes the principle of light speed non-exceedance, which is fundamental in the special theory of relativity. Moreover, unlike the MINOS and OPERA experiments recognized by physical com-munity as not enough reliable, which were conducted for the same purpose, alternative experiments were performed during the research of oscillation processes in linear electric circuits. Therefore, they are absolutely reliable and conclusive as can be repeated and verified in any electrical engineering laboratory. The principle of phy-sical reality of imaginary numbers proven by the electrical engineering experiments is generally scientific, since mathematics is the universal language of the exact sciences. Therefore, all scientific theories and hypotheses in quantum mechanics, relativity theory, geo-physics, cosmology, optics, radio electronics and other sciences should be adjusted accordingly, given the principle of physical reality of imaginary numbers. There is an example of how this can be done in the special theory of relativity and astrophysics. This approach allowed explanation of dark matter and dark energy, which correspond to the invisible parallel universes existing in extra dimensions.

Rough Set Theory Based Approach for Fault Diagnosis Rule Extraction of Distribution System

As the first step of service restoration of distribution system,rapid fault diagnosis is a significant task for reducing power outage time,decreasing outage loss,and subsequently improving service reliability and safety.This paper analyzes a fault diagnosis approach by using rough set theory in which how to reduce decision table of data set is a main calculation intensive task.Aiming at this reduction problem,a heuristic reduction algorithm based on attribution length and frequency is proposed.At the same time,the corresponding value reduction method is proposed in order to fulfill the reduction and diagnosis rules extraction.Meanwhile,a Euclid matching method is introduced to solve confliction problems among the extracted rules when some information is lacking.Principal of the whole algorithm is clear and diagnostic rules distilled from the reduction are concise.Moreover,it needs less calculation towards specific discernibility matrix,and thus avoids the corresponding NP hard problem.The whole process is realized by MATLAB programming.A simulation example shows that the method has a fast calculation speed,and the extracted rules can reflect the characteristic of fault with a concise form.The rule database,formed by different reduction of decision table,can diagnose single fault and multi-faults efficiently,and give satisfied results even when the existed information is incomplete.The proposed method has good error-tolerate capability and the potential for on-line fault diagnosis.

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”.

Formally Deriving the Third Newton’s Law from a Pair of Nontrivial Assumptions in a Formal Axiomatic Theory “Sigma-V”

The article is devoted to hitherto never undertaken applying an almost unknown logically formalized axiomatic epistemology-and-axiology system called “Sigma-V” to the Third Newton’s Law of mechanics. The author has continued investigating the extraordinary (paradigm-breaking) hypothesis of formal-axiological interpreting Newton’s mathematical principles of natural philosophy and, thus, has arrived to discrete mathematical modeling a system of formal axiology of nature by extracting and systematical studying its proper algebraic aspect. Along with the proper algebraic machinery, the axiomatic (hypothetic-deductive) method is exploited in this investigation systematically. The research results are the followings. 1) The Third Newton’s Law of mechanics has been modeled by a formal-axiological equation of two-valued algebraic system of metaphysics as formal axiology. (Precise defining the algebraic system is provided.) The formal-axiological equation has been established (and examined) in this algebraic system by accurate computing compositions of relevant evaluation-functions. Precise tabular definitions of the evaluation-functions are given. 2) The wonderful formula representing the Third Newton’s Law (in the relevant physical interpretation of the formal theory Sigma-V) has been derived logically in Sigma-V from the presumption of a-priori-ness of knowledge. A precise axiomatic definition of the nontrivial notion “a-priori-ness of knowledge” is given. The formal derivation is implemented in strict accordance with the rigor standard of D. Hilbert’s formalism;hence, checking the formal derivation submitted in this article is not a difficult task. With respect to proper theoretical physics, the formal inference is a nontrivial scientific novelty which has not been discussed and published elsewhere yet.

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.

The prescription rule analysis of the New Theory on Spleen Dampness Syndrome by Academician TONG Xiaolin

Objective To analyze the basic characteristics,drug features,prescription rules,and drug-symptom relationships of patients in the splenic deficiency and impairment stage,by data mining of medical records under the New Theory on Spleen Dampness Syndrome(Pi Dan Xin Lun,《脾瘅新论》).Methods Medical records listed in the“New Theory on Spleen Dampness Syndrome-Under-standing and Treatment of Metabolic Syndrome from the Perspective of Traditional Chinese Medicine”,and which were diagnosed with the spleen dampness syndrome at the splenic de-ficiency and impairment stage,during January 2004 and December 2016 were selected.These patients’data,including basic information,clinical symptoms,laboratory examination res-ults,traditional Chinese medicine(TCM)and western medicine diagnoses,treatment meth-ods,prescriptions,etc.,were collected.The collected data were subsequently compiled into a medical record database using the Epidata 3.1 data management software,followed by the use of Apriori algorithm provided in the SPSS Modeler 14.2 statistical software to investigate the association rules between drug-drug,drug-symptom,and drug-western medicine indices.Results(i)A total of 51 medical records were included,involving 17 types of syndromes.Among them,the top three with frequency≥3 included“Phlegm and blood stasis,and thoracic obstruction”“Deficiency-weakness of the spleen Qi,and static blood blocking collat-erals”,and“Deficiency-weakness of the spleen Qi,and static blood blocking collaterals”.Al-ternatively,of the 14 treatment methods,the top three treatments with frequency of≥3 in-cluded“Activating Yang and eliminating turbidity,and removing phlegm and dredging chan-nel blockage”“Strengthening the spleen and benefiting Qi,and eliminating phlegm to activ-ate the channels”,and“Warming Yang and benefiting Qi,and expelling cold to remove ob-structions”.Among the 15 prescriptions,the top three used with frequency≥3 included Huangqi Guizhi Wuwu Tang(黄芪桂枝五物汤),Gualou Xiebai Banxia Tang(瓜蒌薤白半夏汤),and Ganjiang Huangqin Huanglian Renshen Tang(干姜黄芩黄连人参汤).Lastly,of the 83 drugs used for a total of 476 times,those with frequency≥15 included Huanglian(Coptid-is Rhizoma),Huangqi(Astragali Radix),Jiudahuang(Wine-processed Rhei Radix et Rhizoma),Jixueteng(Spatholobi Caulis),Shengjiang(Zingiberis Rhizoma Recens),Huangqin(Scutellariae Radix),and Guizhi(Cinnamomi Ramulus).(ii)For the drug-drug associations,under the criteria of support≥15%and confidence=100%,seven second-order association rules,seven third-order rules,and six fourth-order roles were identified.The top-ranking rule of each was“Huangqin(Scutellariae Radix)→Huanglian(Coptidis Rhizoma)”“Ganjiang(Zingiberis Rhizoma)+Huangqin(Scutellariae Radix)→Huanglian(Coptidis Rhizoma)”,and“Baishao(Paeoniae Radix Alba)+Guizhi(Cinnamomi Ramulus)+Jixueteng(Spatho-lobi Caulis)→Huangqin(Scutellariae Radix)”,respectively.Alternatively,the drug-symptom associations were analyzed under the criteria of support≥5%and confidence=100%,which derived eight second-order association rules,31 third-order rules,and 30 fourth-order rules.The top-ranking association rule of each order was“Huangqi(Astragali Radix)→Limb ed-ema”“Guizhi(Cinnamomi Ramulus)+Jixueteng(Spatholobi Caulis)→Limb numbness and pain”,and“Guizhi(Cinnamomi Ramulus)+Jixueteng(Spatholobi Caulis)+Huangqi(As-tragali Radix)→Limb numbness and pain”,respectively.Similarly,the drug-western medi-cine index associations were investigated under the criteria of support≥5%and confidence=100%,and five second-order association rules,16 third-order rules,and 16 fourth-order rules were identified.In this category,the top-ranking association rule of each order was“Qinpi(Fraxini Cortex)→Uric acid”“Huanglian(Coptidis Rhizoma)+Ganjiang(Zingiberis Rhizoma)→Glycated hemoglobin”,and“Huanglian(Coptidis Rhizoma)+Ganjiang(Zing-iberis Rhizoma)+Huangqin(Scutellariae Radix)→Glycated hemoglobin”,respectively.Conclusion Through association rule mining,this study objectively and quantitatively demonstrated the drug-drug,drug-symptom,and drug-physicochemical index associations of patients with the spleen dampness syndrome at the splenic deficiency and impairment stage treated by Academician TONG Xiaolin.The results indicated that treatment for these patients adopted the“state-target”syndrome differentiation method.The drug combination was characterized by“small prescriptions”,targeting both the patient’s symptoms and signs(syndrome target)and western medicine indices(treatment target).This study could provide references for future research on the academic thoughts and medical experience of Academi-cian TONG Xiaolin.

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：

A Back Look on the Binary Phase Diagrams of Metals from the Mass Action Law and the Coexistence Theory of Metallic Melts

According to the mass action law and the coexistence theory of metallic melts, the mass action concentrations of Cu-Mg, Bi-Tl and Ni-Al melts involving compound formation have been calculated. The calculated results show that, except the ultimate case of pure element, when two elements are present in the melts, all structural units (atoms and molecules) without exception will be present in the melts, i.e., their concentrations may change from great to small, but they will not vanish into nothing, and only under such conditions, the calculated results both agree with practice and obey the law of mass action. In view of that over considerable wide composition range, the activities of both elements of the three solid binary alloys mentioned above have been measured, this seems in contradiction with the present relevant phase diagrams, in which the structural units are determined by composition range, so the latter needs further investigation and consideration.

Cooperative game theory-based steering law design of a CMG system

Spacecraft require a large-angle manoeuvre when performing agile manoeuvring tasks, therefore a control moment gyroscope(CMG) is employed to provide a strong moment.However, the control of the CMG system easily falls into singularity, which renders the actuator unable to output the required moment. To solve the singularity problem of CMGs, the control law design of a CMG system based on a cooperative game is proposed. First, the cooperative game model is constructed according to the quadratic programming problem, and the cooperative strategy is constructed. When the strategy falls into singularity, the weighting coefficient is introduced to carry out the strategy game to achieve the optimal strategy. In theory, it is proven that the cooperative game manipulation law of the CMG system converges, the sum of the CMG frame angular velocities is minimized, the energy consumption is small, and there is no output torque error. Then, the CMG group system is simulated.When the CMG system is near the singular point, it can quickly escape the singularity. When the CMG system falls into the singularity, it can also escape the singularity. Considering the optimization of angular momentum and energy consumption, the feasibility of the CMG system steering law based on a cooperative game is proven.

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.

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.

The General Theory of Law and Its Development in China

Study of the general theory of law,as an independent branch of legal research,originated in Germany in the mid to late 19th century,and thereafter became a widely propagated and well-developed subject in countries such as the UK and the US.Scholars from the Soviet Union combined the general theory of law with Marxist philosophy and adapted it from an analytical legal theory to a social legal theory.The inheritance and development of the general theory of law in China went through three stages.Specifically,from the 1950s to the early 1960s,the jurisprudence community fully adopted the legal theories promoted by the Soviet Union;from the early 1980s to the late 1990s,the studies reflected upon past theories and sought advancement;and from the late 1990s to present,research has adopted a more open and innovative approach.In addition,the philosophy of law and other interdisciplinary subjects have gradually become dominant research paradigms.A review and compilation based on the evolution of theories of legal relations showed that the study of the general theory of law in China is closely associated to the historical rate of progress of the practice of rule of law and jurisprudence in China.The overall framework of the research is deeply influenced by the model of“theories of the Soviet+civil-law prototypes”.In addition,the research methods have evolved from investigations utilizing a single approach to processes combining various approaches.The general theory of law is far from a“relic of history,”and corresponding in-depth research is recommended for future jurisprudence study in China.

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.