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.

Research on the Constitutional,Historical and Practical Logic of the Chinese Path of Human Rights Development——From the Perspective of the Inclusion of Human Rights Clause in the Constitution

The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the development of human rights in China,provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights,and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development.The human rights clause is not only a summariza-tion and affirmation of the historical practice of Chinese human rights development under the leadership of the Communist Party of China,but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China.It marks that the development of human rights in China has entered a new era.The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China,eliminating ab-solute poverty through the national poverty alleviation campaign,and promoting human rights protection through the rule of law.

The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”

There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.

When-clause的涵义、特殊用法及翻译

试图全面梳理、分析连词when-clause的用法:when-clause,除了表示"当……时候",意为:during the time that之外,在具体语境中还有许多其他隐含义:时间先后、因果、转折、条件等逻辑关系,有时具有"突然性、巧合性及矛盾性"含义。

Study of Taiwan Residents children＇s application of noun and relative clauses in their oral responses

Over the past years studies have pointed out that 5 to 6-year-old children are able to use complex sentences in their oral language. Complex sentences may contain different kinds of subordinate or embedded clauses such as noun clauses, adverbial clauses or relative clauses, which again may be respectively divided into smaller units in terms of function and form. It is interesting therefore to investigate how subordinate clauses are applied by 5 to 6-year-old Chinese-speaking children. The present study, which is based on the verbal responses of 10 Taiwan Residents upper-level kindergarteners aged from 5.5 to 6.5 years, aims to investigate specifically how two kinds of subordinate clauses, namely noun and relative clauses, are applied in children＇s speech. Data analysis shows that of the 4 kinds of noun clauses, only object noun clauses are applied by the child-respondents. With their much more complex syntactic constructions, noun clauses, compliment noun clauses and appositive noun clauses do not appear in their oral responses at all. Concerning relative clauses and their derived participle phrases, none of the respondents apply any V＋的＋N construction in their verbal responses. The VO＋的＋N construction is used by 7 respondents, while the S＋的＋N construction is used by 5 respondents.

Clause-based enhancing mode for tableau algorithm for ALCN

As the tableau algorithm would produce a lot of description overlaps when judging the satisfiabilities of concepts（thus wasting much space）,a clause-based enhancing mode designed for the language ALCN is proposed.This enhancing mode constructs a disjunctive normal form on concept expressions and keeps only one conjunctive clause,and then substitutes the obtained succinctest conjunctive clause for sub-concepts set in the labeling of nodes of a completion tree constructed by the tableau algorithm （such a process may be repeated as many times as needed）.Due to the avoidance of tremendous descriptions redundancies caused by applying ∩- and ∪-rules of the ordinary tableau algorithm,this mode greatly improves the spatial performance as a result.An example is given to demonstrate the application of this enhancing mode and its reduction in the cost of space. Results show that the improvement is very outstanding.

Method of creating ontologies for Prolog clauses

A method is proposed to build an ontology in the form of a conceptual graph for Prolog clauses, so that the Prolog reasoning engine can differentiate clauses semantically to some degree. The concept model of a clauses ontology is composed of predicate parameters and head sub-goals, and these sub-goals appear in the head of the rule body and precede any predicate calls. In the proposed method, a Prolog program can be transformed into a Prolog ＋ CG program that includes a clauses ontology. Some experiments show that, with a clauses ontology, some clauses which do not match current goals are not considered early enough, and, therefore, the size of the goal solution tree may be reduced. By the capability of conceptual graph, a clauses ontology makes the semantics of the Prolog program more clear and readable, and sometimes it speeds up the solution process obviously.

On the Translation Techniques of English Attributive Clause

Translation is the use of one language to another language;this is expressed by the contents of the re-express.For the English-Chinese translation,the attributive clause translation is the most important.However,the English attributive clause is divided into restrictive and non-restrictive attributive clauses.In the translation process,it should be based on its structure and meaning.To take appropriate translation,get rid of restrictions on sentence structure so that the translation is equal to the original as much as possible.In this paper,the translation skills and samples have been used to further express the attributive clause to the readers.

On the pragmatic functions of non-restrictive relational clauses in English news report discourse

Traditional syntactic or semantic theories failed to provide a satistactory explanation for the unique features of non-restrictive relational clauses in people＇s daily use of English language. This paper would adopt the theoretical framework of pragmatics and use relevance theory as well as face theory to discuss the unique pragmatic functions of non-restrictive relational clauses in English news report discourse. The three major pragmatic functions are： （1） optimizing the relevance of information; （2） seeking for the consistence with readers; and （3） avoiding imposing the author＇s opinion on readers.

An Investigation of Avoidance of Relative Clauses in the English Writings of High Vocational College Students

This study investigates the avoidance of relative clauses by high vocational college students and also explores the differences in the avoidance of the RCs by high-level students and low-level students in their English writings. The data used in this study have been collected from English writing tasks and analyzed by Statistical Package for Social Sciences(SPSS17.0). The major findings of this study are stated as follows: 1) There are significant differences in the production of the relative clauses in their English writings by Chinese higher vocational college students and English native speakers. Avoidance of relative clauses exists in the English writings of higher vocational college students. 2) High-level Chinese higher vocational college students display less of the avoidance phenomenon in their English writings than low-level students.

论when clause的几种译法

英汉词汇往往只是部分对应关系,when clause也不例外,故翻译时应根据不同的语境灵活处理。作者分析了When Clause的几种不同含义,并详细论述了其具体翻译方法。

A Teaching Case of Subject Clause Based on Implicit Learning

The New English curriculum criteria suggest teaching English grammar based on the students’cognitive characteristics and emotional needs,helping them discover the rules and encouraging them to master the grammar by using it.But due to the limited time in a lesson,many English teachers adopt a simple approach to teach grammar,in which students are required to memorize the rules first and then practice a lot.This approach is effec-

An Analysis on English Relative Clauses Acquisition in Spoken Context of Chinese College English Majored Learners

This study investigated the relative clauses acquisition of Chinese EFL Learners in spoken context.207 English major sophomores’spoken data selected from the Spoken and Written English Corpus of Chinese Learners were analyzed.All the par ticipants were divided into high and low group according to their oral proficiency.This study found that high proficiency stu dents outperformed low proficiency students not only in the numbers of RCs also in accuracy.Meanwhile,the RCs produced in the spoken context also supported previous accessibility hierarchy hypotheses on processing RCs,and the regression results showed that OS and OOGen types of RCs were strong predictors of spoken proficiency.However,because of the typological dif ference of RC between Chinese and English,four types of RC errors were found.This study expected to provide some pedagogi cal insights into English RC acquisition in spoken context.

α-Input and α-Unit Resolution Methods for Generalized Horn Clause Set in L_(V(n×2))F(X)

a-Input resolution and a-unit resolution for generalized Horn clause set are discussed in linguistic truth-valued lattice-valued first-order logic （ Lv（ n × 2） F（X） ）, which can represent and handle uncertain linguistic values-based information. Firstly the concepts of a-input resolution and a.unit resolution are presented, and the equivalence of them is shown. Then α-input （a-unit） resolution is equivalently transformed from Lv（ n × 2） F（X） into that of LnP（X）, and their soundness and completeness are also established. Finally an algorithm for a-unit resolution is contrived in LnP（ X）.

Relative pronoun in the acquisition of English relative clauses by Chinese EFL learners

The paper focuses on the properties of relative pronouns in the acquisition of relative clause by Chinese EFL learners. Based on the NPAH （noun phrase accessibility hierarchy）, comparison and contrast of some aspects of English and Chinese relative pronoun, the paper conducts two experiments, and has proved the hypotheses that students＇ performance generally follows the hierarchy of NPAH and students do have problems with relative pronoun involving prepositions. Besides, some pedagogical implications for foreign language teaching are discussed.

Application of ‘Division’ in E-C Translation of Long and Complex Attributive Clauses

The attributive clause plays a significant role in E-C translation.Due to the stylistic difference in Chinese and English(Chinese is paratactic while English is hypotactic),complex English attributive clauses cannot be translated literally as awkwardness may occur.One possible approach to coping with the problem is the adoption of‘Division’in translating long English attributive clauses.This essay provides three steps in translating complex English attributive clauses into Chinese(clarifying meaning units,restructuring and polishing)and the accompanied techniques such as amplification and omission to make the translation more readable and natural to Chinese readers.

试析国际标准中clause、reference和can的翻译

"clause"、"reference"和"can"是三个常用的英文单词,但这三个词在际标准英译中时却容易被错译。本文试就这三个词的正确翻译进行分析。

On Similarities and Differences between Relative Pronouns in Relative Clauses

This paper,in two installments,attempts to clarify the finer points in the similarities and differences in the usage of relative pronouns,who,that and which,while they are in relative clauses.They are illustrated and justified with examples.The paper,through the comparison of the usages of who,that and which,has shown their similarities and differences from one another.It will enable us to master their usages and help us in studying relative clauses.

A Functional Analysis of English Relative Clauses

Relative clauses in traditional grammars,which are sometimes called attributive clauses,are divided into two types:restrictive and non-restrictive.Building upon the discussion of recursion in Halliday’s Systemic Functional Grammar(SFG),this paper conducts a functional syntactic analysis of such clauses,aimed at probing into their logical structures.