顺应实现中华民族伟大复兴时代要求应运而生的重大理论创新成果--习近平法治思想的基本理论问题研究

2020年11月16日至17日召开的中央全面依法治国工作会议首次提出了“习近平法治思想”的概念。习近平在会议上的讲话中也强调了当前和今后一段时间内全面依法治国工作应当抓好的“十一个坚持”。“十一个坚持”集中体现了“习近平法治思想”的基本精神和核心要义,为全面和系统地阐释习近平法治思想的理论内涵和科学地构建习近平法治思想的理论体系提供了明确的思想引领和政策指导。“习近平法治思想”内涵博大精深,不仅在方法论上坚持了马克思主义立场、观点和方法,在涉及的问题域方面也是紧紧围绕着全面推进依法治国各个方面展开的。作为马克思主义法治理论中国化最新成果,“习近平法治思想”是新时代中国特色社会主义法治建设实践经验的科学归纳和系统总结,是习近平新时代中国特色社会主义思想的重要组成部分。“习近平法治思想”体现了自身内在的历史逻辑、理论逻辑和实践逻辑的高度统一,为全面依法治国提供了根本遵循和行动纲领。当下,法学界在学习和领会“习近平法治思想”的过程中,应当抓住其基本精神和核心要义,积极开展对“习近平法治思想”的学理化研究,努力探索和构建科学的“习近平法治思想”理论体系,不断丰富和完善新时代中国特色社会主义法治理论。

新时代中国共产党增进民众政治认同的四维逻辑

政治认同逻辑是政治体系输出与政治认同主体心理归属感之间相互作用而产生的原则性规定。新时代,人民群众的政治认同体现为对中国共产党执政的拥护,归结为对执政绩效、法理法治、意识形态、领袖魅力等政治认同逻辑的支持。中国共产党增进民众政治认同依赖于不断调适此四维逻辑。具体表现为:以新时代历史方位为调适政治认同逻辑的总依循;在执政绩效逻辑方面,以新发展理念深化执政绩效的内涵来保证政治认同;在法理法治逻辑方面,以全面依法治国加快法理法治的进程来保障政治认同;在意识形态逻辑方面,以社会主义核心价值观凝练意识形态来引领政治认同;在领袖魅力逻辑方面,以以人民为中心的实践彰显领袖魅力来统合政治认同。新时代,领袖魅力日益成为推动执政绩效、法理法治和意识形态发挥作用的统合力量,而执政绩效、法理法治、意识形态则分别发挥着基础、保障、方向作用。

党内法规建设理念转型:从“形式法治”到“法理型法治”——基于改革开放40年来党内法规文本的考察

"形式法治"与"实质法治"是传统法治政党、法治国家建构的两套理论范式,而作为有效吸纳"形式法治"与"实质法治"基本理念的"整合型"法治类型,"法理型法治"不但超越了传统二元法治理念在理论层面的对立局限,而且更加深入阐释改革开放以来某一具体阶段,中国共产党党内法规建设历程与实践图景,并提供富有解释力的理论资源。1978年至1997年之前,党内法规建设基于"形式法治"理念持续推进,党内法规在数量与覆盖领域上均有明显进展。1997年后至2012年之前,"形式法治"理念不断强化,与此同时,"法理型法治"理念逐步萌芽,党内法规建设呈现出体系性、价值性、实效性等"实质法治"特征。2012年后,"法理型法治"理念充分发展,党内法规建设在立规数量、合法(合规)化、体系化、规范化以及法治价值彰显等方面共同推进。党内法规建设理念转型与嬗变,体现出消解政治体制结构的内在张力、先进性政党的塑造、良法善治的内在要求以及运动化治理纠偏等内在逻辑。

Primary duodenal neoplasms:A retrospective clinico-pathological analysis

AIM: To analyze the clinico-pathological spectrum of primary duodenal neoplasms. METHODS: A total of 55 primary duodenal neoplasms reported in the last 10 years after excluding ampullary and periampullary tumors were included in the study. Clinical details were noted and routine hematoxylin and eosin stained paraffin sections were studied for histological subtyping of the tumors. RESULTS: On histopathological examination primary duodenal neoplasms were categorized as: epithelial tumor in 27 cases (49.0%) including 10 cases of adenoma, 15 cases of adenocarcinoma, and 2 cases of Brunner gland adenoma; mesenchymal tumor in 9 cases (16.3%) consisting of 4 cases of gastrointestinal stromal tumor, 4 cases of smooth muscle tumor and I case of neurofibroma; lymphoproliferative tumor in 12 cases (21.8%), and neuroendocrine tumor in 7 cases (12.7%). CONCLUSION: Although non-ampullary/periampullary duodenal adenocarcinomas are rare, they constitute the largest group. Histopathological examination of primary duodenal tumors is important for correct histological subtyping.

Application of interventional diagnostic and therapeutic technique for coronary artery fine branch fistula

Objective:To explore the value of angiographic diagnosis and interventional therapy of the coronary artery fine branch fistula.Methods:All of the 18 patients with coronary artery fine branch fistula underwent selective coronary arteriography,7 underwent interventional therapy, while 8 underwent prosthesis for coronary artery fistula (CAF) under extracorpored circulation. Results:Among 18 cases of coronary artery fine branch fistula, 7 happened in right coronary artery (38.9%), 11 in left coronary artery (61.1%). Among the 11 cases in left coronary artery,5 happened in descending anterior branch, 5 occurred in left circumflex branch, 1 arised from both left anterior branch and left circumflex branch. Among the 18 cases, there are 10 cases of coronary-to-pulmonary artery fistula (55.6%), 5 cases of fistula draining into right atrium (27.8%), 2 cases of fistula draining into left atrium (11.1%) and 1 draining into right ventricle (5.6%). Interventional treatment was successful in 7 patients. During the 12 months’ follow-up, there was no cardiovascular events. Conclusion:Selective coronary angiography is the first choice for diagnosing the coronary artery fine branch fistula. In respect of therapy, besides of surgical treatment, intervention is still a rather good measure presently.

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.

The Development of Jurisprudence in China

Over the past forty years since the launch of reform and opening up in 1978,China has passed through three developmental stages:recovery,stability and flourishing growth.This development has revolved around the axis of“politics-rule by law-rule of law-rule of law system-rule of law path-rule of law China.”By virtue of discussion of the core themes of jurisprudence and basic categories,jurisprudence has mounted ever higher.On the basis of summing up existing experience,the development and progress of Chinese jurisprudence in the new era should firmly uphold a disciplinary orientation,an indigenous orientation,a mass orientation and an orientation toward practice and modernization.We must seek new logical starting points,constantly pioneer and innovate,and contribute new wisdom and programs to the comprehensive governance of the country according to law.

The Rule of Law Approach to Government Governance in China

Chinese government governance involves the two dimensions of autonomy and cogovernance.The process of moving from government management to government governance is a synchronous process of moving from government by a legal system to a“rule of law”government.Such governance coincides with the rule of law in terms of fundamental guarantees,governance frameworks,intrinsic values,external forms,goal pursuits and construction paths and lays the foundation for the realization of government governance.The multi-subject structure,multiplicity of rules and regulations,interaction of processes,diversity of modes and complexity of disputes in this form of governance place new demands on the construction of the rule of law.In response to these needs,we should improve the government’s functional orientation and the disposition of its powers by means of statute law;expand the types of administrative bodies and improve the laws on administrative organizations;enrich the sources of law;use consensus rules to improve controlling rules;be guided by interactivity in improving the administrative procedure system;normalize diversified administrative behavior;and establish multiple dispute resolution mechanisms and strengthen right relief.This will highlight the rule of law path taken by government governance.In the course of the integration and interaction of such governance with the rule of law,we will need to coordinate our responses to its latent risks,such as governance pitfalls and the limitations of the rule of law.

The Rule of Law Model of Internet Governance

The rule of law is the basic form of national governance and the rule of law model is the necessary direction for the governance of online society.Online society is in essence a new pattern of social relationships and structural forms comprising relationships among citizens,legal persons,organizational bodies,etc.,formed and brought together on the basis of Internet technology;and also a reflection,expansion and expression,singly or in synthesis,of various relationships in the fields of the real economy,politics,culture,society and the environment.The rule of law model of Internet governance refers to governance theories,systems and practices that employ rule of law thinking and the rule of law model to bring the elements,structures,procedures and functions of Internet governance into the scope of the rule of law and its operational track.Reviewing the tortuous course of the development of rule of law Internet governance in China,summarizing useful experience in the construction of rule of law Internet governance,and reflecting on existing legislative,law enforcement and judicial dilemmas will enable us to build up a rule of law system of online governance with comprehensive norms,effective implementation,strict supervision and strong guarantees.This will be marked by Chinese characteristics and will ensure the application of rule of law thinking and the rule of law model in governing,operating,using and safeguarding the Internet,thus achieving sound and orderly Internet operation and development along the path of the rule of law and advancing the modernization of the Internet governance system and governance capability.

Clinical Observation on Comprehensive Treatment of 80 Cases of Chronic Type Ⅲ Prostatitis by Elongated Needle, Microwave and Moritatherapy

After 160 cases of chronic type Ⅲ prostatitis were divided into the treatment group （n= 80） and control group （n = 80）, in the treatment group, first Zhibian （BL 54） was punctured toward Shuidao （ST 28） and then Qihai （CV 6）, Guanyuan （CV 4）, Shuidao （ST 28） Baihui （GV 20）, Fengchi （GB 20）, Sishencong （Ex-HN 1）, Sanyinjiao （SP 6） and Taichong （LR 3） were punctured, and at the same time, digital computerized microwave apparatus was inserted into the anus for microwave treatment. Afterward, moritatherapy was applied for psychological consultation for the patients. In the control group, compound sinomin and Phenoxybenzamine Hydrochloride Tablets were used orally. The results showed that the therapeutic effects were respectively 92.5% and 68.8% in two groups, with statistic significance （P〈 0.01）.

Unilateral external fixator in the treatment of lower third humeral shaft fractures

Objective: To retrospectively analyze the effect of unilateral external fixators in the treatment of lower third humeral shaft fractures.Methods: From October 1997 to October 2003, 33 patients aged 15 -70 years (average 31 years) with lower third humeral shaft fractures were treated with unilateral external fixators. There were 9 spiral fractures (type A1), 1 oblique fracture (type A2), 3 transverses fractures (type A3) and 20 comminuted fractures (11 type B1, 9 type B2) according to AO classification. Fifteen cases were treated with open reduction and limited internal fixation and fixation with external fixators, 10 cases treated with open reduction and fixation with external fixators, and 8 cases treated with closed reduction and fixation with external fixators. Nerve exploration was undertaken in 9 cases with preoperative radial nerve injury. External fixators were removed after bone healing. The average follow-up was 18 months with a range from 8 to 24 months. Results: The time of bone healing ranged 11-22 weeks (average 14 weeks). The latest follow-up showed the functions of 9 cases of preoperative radial nerve injury and of 2 cases postoperative radial nerve injury and the function of elbow were recovered to normal. There were only 7 cases of superficial infection at pin hole, which was subsided by using oral antibiotics and pin-hole care with mild disinfectants.Conclusions: Fixation with unilateral external fixators combined with open reduction and limited internal fixation has a good effect in the treatment of lower third humeral shaft fractures.

Construction of Chinese Judicial Power from the Perspective of National Governance

The Chinese national governance system includes the Party＇s governing system, the People＇s Congress system, the administrative system, the court system and the procuratorate. Judicial power is neutral, passive, independent and final, features that reflect the irreplaceable nature of its role in national governance. The growth of judicial power is diachronic, complex and evolutionary, which means that its construction will be a tortuous and difficult process. Given the limitations of the functions of judicial power in China and their immediate results, we should fix our gaze on the construction of a socialist country under the rule of law and the optimization of the structure and functions of our national governance system by taking checks and balance as the principle in the allocation of judicial power, taking rights protection as the heart of the operation of judicial power, taking harmonious operation as the standard for guaranteeing judicial power, and cultivating legal culture as the foundation supporting judicial power. In optimizing national governance itself, we should strengthen its functions of adaptation, integration, goal attainment and latency.

On the Status and Function of Judicial Justice in Social Governance Innovation

Social governance innovation is a basic requirement of China＇s socialist construction,and an important guarantee that people can live and work in peace and enjoy long-term stability and order.Strengthening and innovating social governance has great significance for the modernization of the national governance system and governance capacity,and this is where judicial justice plays a unique role at the level of government,society,and the individual.That is,judicial justice is the key to transforming governmental functions;the guarantee of a new-type social construction;and the guide to upgrading autonomy at the grass-roots level.To achieve judicial justice,we must popularize the idea of the rule of law,improve judicial work style and innovate judicial institutions.

Rule of Law at the National and International Levels: A Review from the Global Governance Perspective

The rule of law as a fundamental means of global governance has two levels, the national and the international. The national rule of law and the international rule of law, defined by their respective concepts, orientations and fimctions, address governance issues at the national and international levels. Interdependent, they are linked effectively by two core factors of the rule of law： ＂good law＂ and ＂good governance.＂ Between them is an ongoing process of interaction, a basic expression of their unified relationship. The framework of their interaction comprises three basic elements： individual states and the national rule of law; the international community and the international rule of law; and the medium of rule of law interaction. This interaction is two-way, cyclical, diversified, comprehensive and incremental. In this interactive process, China needs to define its international position and actively participate in the development of the international rule of law so as to establish its discourse right in this field.

The Role of Consultative Democracy under the Constitutional Framework and the Associated Rule of Law

The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves political consultation through people＇s consultative conferences. The ＂governing party--consultative conferences--people＇s congresses＂ link involves a process of obtaining legitimacy for the Party＇s views based on political consultations which are then translated into the national will by the system of people＇s congresses. The ＂people＇s congresses--the people＂ link involves the two-pronged logic of elections and governing the country according to law. The ＂governing party--the people＂ link is an illustration of the party＇s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the ＂governing party---consultative conferences＂ link and the social consultation in the ＂governing party-- the people＂ link in the chain, both of which are connected through the system of people＇s congresses. This logically determines the inner relations between the Party＇s leadership, consultative democracy and the people＇s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of ＂political consultation-- legislative consultation--social consultation＂ is created to guide development of the actual system.