德国“法治国”的实践与启示

"法治国"概念是德国19世纪法学家的创造,为了能在主权归属问题上寻找一条中间道路.他们解决的方式是将国家政体问题与法律秩序问题分离,从而回避对主权归属问题的回答。这与德国19世纪的历史语境密切相关。1848年三月革命是德国"法治国"概念发展的重要拐点。自此革命后,论述"法治国"的法学家们将注意力集中到了"形式法治国"概念,而不是"实质法治国"概念,更重视行政问题,而非政治问题。实证主义法学家的方法论为他们的这种转向提供了灵感。英国"法治"理论的首位系统阐述者戴雪却用《英宪精义》一章的篇幅认为行政法与"法治"不相容,戴雪的主要错误在于没有区分"裁量"与"专断"。对德国"法治国"概念起源、流变的分析有助于中国发展起一种合理的法治理论。

恩格斯对资本主义“法治国”虚伪性的批判及其对我国立法工作的启示

恩格斯以英国为例,批判了资本主义"法治国"的虚伪性。他指出,资本主义法律是资产阶级意志的表现,只是在形式上承认人人平等,是压迫人民的工具,并且自身矛盾重重。恩格斯对资本主义"法治国"虚伪性的批判,对于推进法治中国建设具有重要指导意义。社会主义法律应当真正成为人民意志的表现,保证人民享有事实上的平等权利,切实维护人民利益,并注重自身的和谐一致。

天道绝对:元法律、建制化与共识结构(下)——中国深度研究的哲学之维:法律哲学的当下之思

《中共中央关于全面深化改革若干重大问题的决定》(以下简称《决定"六十条"》)所确立起来的纲领性目标,预示着新时代运用法律性质的根本转变,尤其预示着中国现代化性质的有效转向。"非常政治"就可能在法律发展的可能性之中转向"日常政治",比如:当下中国的最新政治意志的形成便来自一种颇为有效的"共识结构",除了用好市场经济这只"看不见的手"和政府这只"看得见的手"之外,出于市场经济发展的需要,行政系统不仅要为经济系统提供合理而必要的行政决策,更需为法律建制化与形式化提供必要而迫切的条件和前提。最后,建制化的法律形式与非建制化的公共意见,就将在生活世界逐渐分化出来的经济系统与行政系统中寻找一个崭新的支点并往更高级的形式重新整合,中国的全方位变革也即孕育在这种立体有效的高度整合之中。

自由的危机:德国“法治国”的内在机理与运作逻辑——兼论与普通法法治的差异

通过展示从19世纪初至纳粹时期德国"法治国"概念的意义演变并阐释其特性,文章认为"法治国"代表着在国家结构中将个人主义与国家目的相统合的一种努力,它所固有的注定导致自我毁灭的内在紧张在于:它的目标是要促进具体的个人自由和解放,但这种目标却试图借助于抽象的不受限制的国家权力,依靠国家的立法性控制和个人的完全服从来实现。德国"法治国"与普通法法治在强调积极自由还是消极自由、逻辑起点是"国家—个人"的二元统一还是二元对立、政治结构是否置于法律之下、是否属于有限政府、是否存在权力的制衡、习惯法的地位作用等方面存在巨大的差异。文章以为,差异的重要根源之一在于双方为经营自由的事业所凭借的制度技术,即"法治国"的体系性建构方式与普通法法治中实践导向的技艺理性。

Pregnancy after liver transplantation:Four-year follow-up of the first case in China's Mainland

The safety and feasibility of pregnancy following liver transplantation(LT) have been accredited in a series of LT center.The first case in China's Mainland is reported.The follow-up data of a 22-year-old pregnant patient with end-stage liver disease undergone orthotopic liver transplantation were analyzed retrospectively.After surgery,the patient was uneventfully recovered and became pregnant 33 mo after LT.The patient was closely monitored and treated with a standard and individualized triple-drug immunosuppressive therapy throughout her pregnancy.Caesarean section was performed in March 18,2004,and a health live-born infant was delivered.After the delivery,a 4-year follow-up period indicated that the patient was satisfactory with her condition and her baby was healthy.Our case shows that a successful pregnancy following LT is possible and safe in women with end-stage liver diseases under close monitoring.Three factors including mother,baby,and transplanted liver function must be considered for the safety of high-risk pregnancies.

Opisthorchiasis in Thailand: Review and current status

Opisthorchiasis caused by Opisthorchis viverrini （Oviverrini） remains a major public health problem in many parts of Southeast Asia including Thailand, Lao PDR, Vietnam and Cambodia. The infection is associated with a number of hepatobUiary diseases, including cholangitis, obstructive jaundice, hepatomegaly, cholecystitis, cholelithiasis and cholangiocarcinoma. The liver fluke infection was induced by eating raw or uncooked fish products that is the tradition and popular in the northeastern and northern region, particularly in rural areas of Thailand. Health education programs to prevent and control opisthorchiasis are still required in high-risk areas.

The First Charity Law Formulated in China Opens an Age of Governing “The Good” According to Law

The 4th Session of the Twelfth National People＇s Congress of the People＇s Republic of China held a plenary meeting on March 16,2016,and adopted the Charity Law of the People＇s Republic of China,as the first charity law in China,it shall come into force on September 1,2016,

Radiotherapy for Carcinoma of the Esophagus: Progress of Treatment and Research in China

Carcinoma of the esophagus is a common malignancy in China. Radiotherapy is one of the most important modalities of treatment. This article provides a review of the natural history of this disease, the results of radiotherapy for esophageal cancer and the recent advances in radiation techniques in China. Significant progress has been made in this area of research and treatment. Combined treatment modalities and new therapies are being evaluated and may be expected to contribute to improved patient outcomes and better palliation of symptoms in the future.

Composition of common bile duct stones in Chinese patients during and after endoscopic sphincterotomy

AIM： Endoscopic sphincterotomy （ES） is a well-established therapeutic modality for the removal of common bile duct （CBD） stones. Alter ES there are still around 10% of patients that experience recurrent CBD stones. The aim of this study is to investigate the composition of CBD stones before and alter ES and its clinical significance in Chinese patients.METHODS： From January 1996 to December 2003, 735 patients with CBD stones received ES at Kaohsiung Veterans General Hospital and stone specimens from 266 patients were sent for analysis. Seventy-five patients had recurrent CBD stones and stone specimens from 44 patients were sent for analysis. The composition of the stones was analyzed by infrared （IR） spectrometry and they were classified as cholesterol or bilirubinate stones according to the predominant composition. Clinical data were analyzed.RESULTS： In the initial 266 stone samples, 217 （82%） were bilirubinate stones, 42 （16%） were cholesterol stones,3 were calcium carbonate stones, 4 were mixed cholesterol and bilirubinate stones. Patients with bilirubinate stones were significantly older than patients with cholesterol stones （66＋13 years vs 56＋17 years, P = 0.001）. In the 44 recurrent stone samples, 38 （86%） were bilirubinate stones, 3 （7%） were cholesterol stones, and 3 were mixed cholesterol and bilirubinate stones. In 27 patients, both initial and recurrent stone specimens can be obtained,23 patients had bilirubinate stones initially and 2 became cholesterol stones in the recurrent attack. In the four patients with initial cholesterol stones, three patients had bilirubinate stones and one patient had a cholesterol stone in the recurrent attack.CONCLUSION： Bilirubinate stone is the predominant composition of initial or recurrent CBD stone in Chinese patients, The composition of CBD stones may be different from initial stones afl：er ES,

The Nomocracy Pursuit of ＂the Maritime Silk Road＂--On Legal Guarantee of State＇s Marine Rights and Interests

＂The Maritime Silk Road＂, part of China＇s maritime power strategy, will safeguard the realization of ＂Chinese Dream＂. ＂The Maritime Silk Road＂ needs desperately legal guarantee of State＇s marine rights and interest. The primary target of this paper is to put forward several suggestions on the legal guarantee of maritime rights protection based on analyzing the present situation of China legal system.

Healed and Crippled： The Effect of Global Medicine on African Indigenous Treatment and Care Approaches

Whereas global medicine and health care practices have improved the quality of people＇s lives, especially in the developing countries data abounds that local communities have been crippled by the same medical practises. Some societies in developing countries have become sources of specimen for clinical trials of biomedicine which is unaffordable to their citizens. This paper explores the neglect of traditional African medicinal innovations and research in favour of imported Western medicine perpetuated by the developed countries. The paper argues that global medicine and health care have neither utilized nor recognized the African Traditional Medicine （ATM） fully, despite the fact that cultures in developed world used and continue to utilize the indigenous medical knowledge. The paper further argues that instead of neglecting African Traditional Medicine, ATM and biomedicine can be more beneficial by blending them into a single system, through what we would call in this paper High-Performance Medical Research （HPMR）. This would allow participation of communities to achieve both socio-eeonomic and medical knowledge growth rather than being a monopoly and preserve of developed organizations in the North. This paper proposes that HPMR should be a systematic and scientific approach for enhancing local people＇s participation in the development of medical ventures. This paper draws on secondary data on traditional African therapeutic practices by some local communities in East Africa combined with literature review on medical practice in Western societies.

The Research and Analysis to the Financing Dilemma and Countermeasures of China＇s Medium and Small Sized High-tech Enterprises

The Financing problem of Medium and small Sized High-tech Enterprises is the key point to enterprises＇ survival and development. Firstly it is pointed out that the difficulty in financing is due to without enough emphasis on Medium and Small Sized High-tech Enterprises, without sound targeted laws and regulations, the imperfect credit guarantee system, and corporate governance structure problem of the enterprise Then, according to the problems existing in the financing of China＇s Medium and Small Sized High-tech Enterprises, the assay put forward several countermeasures which have referential value.

Practical Character of Deng Xiaoping＇s rule

2014 is the 110^th anniversary of the birth of Comrade Deng Xiaoping. This paper analyzes Deng Xiaoping＇s character by exploring the practice of law to cherish the memory of this great man. The author unfolds his analysis in terms of the following aspects： Deng＇s contributions to national independence and liberation, prosperity and happiness of the Chinese people.

Study on the Escape of the Portuguese Leasing in Macao from Chinese Criminal Law and the Governance by the Government of the Qing Dynasty

After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly refused to obey the law of China and often escaped from Chinese criminal law using briberies. In the case about Huiqian CHEN and the processing in the end of 1743, the fact that the Portuguese often escaped from the law of China was changed, and the principle of the Chinese judicial officials about processing the murders about Chinese killed by foreigners was explicitly defined. In this principle, Chinese significant compromises and concessions to the Portuguese were also included, but the criminal jurisdiction was ultimately controlled by the Government of the Qing Dynasty. Thus, the foreign-related criminal procedures conforming to foreign conditions were revised by the government of the Qing Dynasty according to the actual circumstances of Macao. However, the foreign-related criminal procedures revised by the government of the Qing Dynasty were not honestly observed by the Portuguese. After several major cases occurred in Macao, security rules and regulations were further issued by the government of the Qing Dynasty, in which the judicial control power of the government of the Qing Dynasty in Macao was unequivocally stated.

Research on the Prevention Methodologies and Environmental Protection Countermeasures for Oil Pollution based on Latest Techniques from China and Abroad

In this paper, we conduct research on the prevention methodologies and environmental protection countermeasures for oil pollution based on latest techniques from China and abroad. Petroleum and petrochemical industry will also be able to have serious water pollution. Against oil pollution increasingly serious phenomenon, about how to control oil pollution has also carried on the thorough research and accumulated in the process of specific management experiences and lessons. We conduct theoretical analysis between the state-of-the-art methods of environmental protection countermeasures with examples, We firmly believe that more advances will occur in the future.

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.

Clinical Observation on the Common Acne Treated with the Five,ioint Therapy of the Traditional Medicine

Objective： The curative effect of the common acne treated by the five-joint therapy of traditional Chinese medicine was observed. Methods： 360 cases with the common acne were treated using five methods （embedding acupuncture point into traditional Chinese medicine soaked catgut; traditional Chinese medicine facial mask; taking traditional Chinese medicine orally; auricular point stimulation; discerning and cupping therapy） for 4-8 weeks, and then the improvements of the patients in clinical skin lesion were observed and also compared using the historical control method and the treatment method in the literature history. Results： The total effective rate was I00%, the cure rate was 56.39%, and the efficiency was 30.56%. Conclusion： The curative effect of the common ache treated by the five-joint therapy of traditional Chinese medicine is significant and also obviously better than that of the control method in this paper. Therefore, it is worthy of popularization and application.

State Audit in the Modernization of National Governance: Institutional Guarantees and the Logic of Practice

The national audit is produced and developed to meet the objective requirements of national governance, and is a basic institutional arrangement within the governance system. In terms of its institutional attributes, legal status and functions, the national audit is the cornerstone of national governance and an important guarantee driving the modernization of governance. In this new historical era, the national audit needs to be appropriate to the new situation and new requirements of comprehensively deepening reform and enhancing the rule of law. We must accelerate the improvement of the audit system, enhance the breadth of coverage of audit supervision, comprehensively increase audit capacity, give greater effect to the functional role of audit and boost the modernization of the national governance system and governance capability.

SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Rule of Law Construction in China

The rule of law has international as well as domestic attributes, so it can be divided into two levels： the domestic rule of law and the international rule of law. Using the thinking behind the international rule of law to build the rule of law in China is both necessary and inevitable. China should put into practice the idea of the international rule of law at the institutional and the governance levels, and should at the same time participate in the UN＇s rule of law activities and in international rule-making, thereby extending its rule of law discourse power and influence in the international sphere.

SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD The Chinese Expression of the International Rule of Law

The Chinese expression of the direction and progress of the international rule of law is an important part of showcasing China＇s stand and ideas in international relations, and serves as a major interactive link between the Chinese rule of law and the international rule of law. The progress of the international rule of law rests on the active, full and effective expression of various countries including China, so that it can become more just and rational. In order to express itself explicitly and effectively, China needs to participate actively in the practices of international rule of law, in a bid to expand its horizon, enlist public support, and obtain opportunities.