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.

宪法上的Civil Rights是公民权利吗?——解读constitutional civil right

作为西方法律文化的产物 ,constitutionalcivilrights有其独特的自然法背景。本文通过对西方法律思想史、宪法史和美国最高法院司法实务见解的梳理与综合分析 ,认为将constitutionalcivilrights译为“公民权利”属于误读 ,它混淆了依据人的属性和依据公民资格而获得的权利之间的道德区别。应将其译为“私人权利” ,明确这一权利体系的前国家与超国家特征 ,使其区别于实证法律传统之下个人依赖作为政治社会成员资格所享有的公民权利 ,并区分宪法权利与民事权利之间的差异。在法官的解释下 ,constitutionalcivilrights还呈现出开放特性 ,是一个能够感应时代变化的、发展的权利体系。

思想史视域下的宪政主义——兼议“constitutionalism”的译法

"宪政"是否有一种"主义",目前在国内尚存争议,但从思想史或概念史的角度去审视"宪政"的英文对应词"constitutionalism",在"制度"和"思想史"两种维度上将"constitutionalism"分别译为"宪政"和"宪政主义"既科学合理,也符合学界的一贯用法。并且,理解作为一种思想观念的宪政主义也能辨识作为制度实践的"宪政"在我国政治或法律进程中的历史方位。

Constitutional Environmental Rights: An Investigation and Analysis Based on Constitutional Texts of All Countries

Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.

CONSTITUTIONAL DIAGRAM OF Fe-Mn-C ALLOYS AFTER SOLUTION TREATMENT AT 1000℃

On the basis of experimental results of 76 points of composition and previous relevant conclu- sions,a relatively complete constitutional diagram of solid solution treating Fe-Mn-C sys- tem alloy at 1000℃ has been constructed with austenite zones of different stabilities.The chemical composition range and structure change of steels with various Mn have also been discussed.Thus,the reasonable selection of composition and structure may be available for the manganese steel with commercial purposes.

Inverse design of mechanical metamaterial achieving a prescribedconstitutive curve

Besides exhibiting excellent capabilities such as energy absorption,phase-transforming metamaterials offer a vast design space for achieving nonlinear constitutive relations.This is facilitated by switching between different patterns under deformation.However,the related inverse design problem is quite challenging,due to the lack of appropriate mathematical formulation and the convergence issue in the post-buckling analysis of intermediate designs.In this work,periodic unit cells are explicitly described by the moving morphable voids method and effectively analyzed by eliminating the degrees of freedom in void regions.Furthermore,by exploring the Pareto frontiers between error and cost,an inverse design formulation is proposed for unit cells.This formulation aims to achieve a prescribed constitutive curve and is validated through numerical examples and experimental results.The design approach presented here can be extended to the inverse design of other types of mechanical metamaterials with prescribed nonlinear effective properties.

Land Expropriation and Constitutional Protection of Farmers' Rights

One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.

Japan's Political Situation vs.the Constitutional Amendment

The year 2019 marks the seventh anniversary of Shinzo Abe's return to office,alongside the administration's obsession with Constitutional amendment.During the 25th House of Councillors selection in July,Prime Minister Abe changed the rules applied for the four national elections in 2012,wrote the Self-Defense Forces into the Constitution and the Liberal Democratic Party(LDP)convention,and deliberately made the amendment a focal point of controversy in his election campaign.However,when the results of the election came out,the pro-amendment forces,with the LDP at their core,didn't reach the two-thirds majority threshold required for Constitutional revision.Going forwards,the Abe-led Liberal Democratic Party will strive to consolidate Constitutional amendment forces in the National Diet,hoping to cross the majority threshold,and at the same time to coerce opposition parties to comply with passing LDP draft revisions to the Constitution in the National Diet as soon as possible,in order to submit these to national referendum.In the meantime,preparatory works for this referendum are being carried out through the use of political resources to mobilize public support.Whether Abe can reach the political objective of Constitutional amendment during his current term of office and how the Constitutional issue in Japan will play out is sure to attract global attention.

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.

Time-domain dynamic constitutive model suitable for mucky soil site seismic response

Soil nonlinear behavior displays noticeable effects on the site seismic response.This study proposes a new functional expression of the skeleton curve to replace the hyperbolic skeleton curve.By integrating shear modulus and combining the dynamic skeleton curve and the damping degradation coefficient,the constitutive equation of the logarithmic dynamic skeleton can be obtained,which considers the damping effect in a soil dynamics problem.Based on the finite difference method and the multi-transmitting boundary condition,a 1D site seismic response analysis program called Soilresp1D has been developed herein and used to analyze the time-domain seismic response in three types of sites.At the same time,this study also provides numerical simulation results based on the hyperbolic constitutive model and the equivalent linear method.The results verify the rationality of the new soil dynamic constitutive model.It can analyze the mucky soil site nonlinear seismic response,reflecting the deformation characteristics and damping effect of the silty soil.The hysteresis loop area is more extensive,and the residual strain is evident.

Damage constitutive model of lunar soil simulant geopolymer under impact loading

Lunar base construction is a crucial component of the lunar exploration program,and considering the dynamic characteristics of lunar soil is important for moon construction.Therefore,investigating the dynamic properties of lunar soil by establishing a constitutive relationship is critical for providing a theoretical basis for its damage evolution.In this paper,a split Hopkinson pressure bar(SHPB)device was used to perform three sets of impact tests under different pressures on a lunar soil simulant geopolymer(LSSG)with sodium silicate(Na_(2)SiO_(3))contents of 1%,3%,5%and 7%.The dynamic stressestrain curves,failure modes,and energy variation rules of LSSG under different pressures were obtained.The equation was modified based on the ZWT viscoelastic constitutive model and was combined with the damage variable.The damage element obeys the Weibull distribution and the constitutive equation that can describe the mechanical properties of LSSG under dynamic loading was obtained.The results demonstrate that the dynamic compressive strength of LSSG has a marked strain-rate strengthening effect.Na_(2)SiO_(3) has both strengthening and deterioration effects on the dynamic compressive strength of LSSG.As Na_(2)SiO_(3) grows,the dynamic compressive strength of LSSG first increases and then decreases.At a fixed air pressure,5%Na_(2)SiO_(3) had the largest dynamic compressive strength,the largest incident energy,the smallest absorbed energy,and the lightest damage.The ZWT equation was modified according to the stress response properties of LSSG and the range of the SHPB strain rate to obtain the constitutive equation of the LSSG,and the model’s correctness was confirmed.

Constitutional Mismatch Repair-Deficiency Syndrome Is a Rare Cause of Cancer Even in a Highly Consanguineous Population

Biallelic germline mutations in the mismatch repair genes, including MLH1, MSH2, MSH6 or PMS2, lead to a recessive constitutional mismatch repair-deficiency (CMMR-D) syndrome characterized by early onset malignancies in children and young adults. Because consanguinity unmasks autosomal recessive disorders, we hypothesized that the frequency of CMMR-D is inflated in the highly consanguineous population of Saudi Arabia. In this study, 371 pediatric and young adult?patient samples from Saudi Arabia that cover the tumor spectrum of CMMR-D syndrome were analyzed for biallelic germline mutations in the MLH1, MSH2, MSH6 and PMS2 with the use of direct genomic sequencing. However, none of the 371 patients involved in the study was found to have biallelic pathological mutations of MLH1, MSH2, MSH6 or PMS2. This result indicates that CMMR-D is exceptionally rare among pediatric cancer patients and adult early onset cancer patients, even in the highly consanguineous Saudi population. Our findings suggest that larger cohorts will be needed, particularly in outbred populations, to determine the frequency of CMMR-D and that routine screening for this syndrome among cancer patients is not warranted.

Constitutional/Conditional Acupuncture

A new style of acupuncture,named constitutional/conditional acupuncture(CCA),based on traditional Asian medical practices,was revealed in Kunming in 2017.This method is primarily based on pulse diagnosis,as developed in China,Korea,and India.The basic methods of CCA are briefly described,and a few case results from the 3‑day Kunming workshop are presented to reveal the efficacy of CCA.

Constitutional Analysis of the Personality Theory of Civil Law

The word"personality"has various connotations,which essentially reflect people’s thoughts on personality in different periods.The transformation of personality in a civil aspect to the personality on the constitution aspect has negative effect on the personality system of the civil,which is of great value to develop the civil personality rights system in order to facilitate the connection between the civil law,the constitution and the public law.The capacity for rights not only separates the relative independent personality rights of civil law from the personality system of Roman law,but also promotes the emergence of the constitutional personality rights and its return in the field of civil law.The nature and orientation of personality rights in civil law has an important influence on civil legislation.There are three ways to realize the constitutional rights of personality in our civil law:civil legislation,constitutional interpretation and general personality rights.

Research progress of diabetes treatment guided by Traditional Chinese Medicine constitutional types

Diabetes and its complications seriously affect patients’life quality,and have a major impact on individuals,families,health systems,and national economies.Traditional Chinese Medicine constitution refers to the inherent characteristics of a relatively comprehensive and stable form,structure,physiological function,and psychological state formed under the combined effects of innate endowments and acquired in the course of an individual’s life.Many studies have shown that the constitution type is closely related to the incidence of diabetes,especially in the process of disease prevention and treatment.This article reviews the correlation of diabetes and its chronic complications with constitution types to provide theoretical basis for the treatment of diabetes based on syndrome differentiation.

The Constitutional Analysis of Human Rights Legislative Protection

The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.

Constitutional Nature of Personality Rights and Its Manifestation in Civil Law

The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.

On the Right to the Protection of Personal Data as a Constitutional Right

The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.

Development and Application of a Power Law Constitutive Model for Eddy Current Dampers

Eddy current dampers (ECDs) have emerged as highly desirable solutions for vibration control due to theirexceptional damping performance and durability. However, the existing constitutive models present challenges tothe widespread implementation of ECD technology, and there is limited availability of finite element analysis (FEA)software capable of accurately modeling the behavior of ECDs. This study addresses these issues by developing anewconstitutivemodel that is both easily understandable and user-friendly for FEAsoftware. By utilizing numericalresults obtained from electromagnetic FEA, a novel power law constitutive model is proposed to capture thenonlinear behavior of ECDs. The effectiveness of the power law constitutive model is validated throughmechanicalproperty tests and numerical seismic analysis. Furthermore, a detailed description of the application process ofthe power law constitutive model in ANSYS FEA software is provided. To facilitate the preliminary design ofECDs, an analytical derivation of energy dissipation and parameter optimization for ECDs under harmonicmotionis performed. The results demonstrate that the power law constitutive model serves as a viable alternative forconducting dynamic analysis using FEA and optimizing parameters for ECDs.

A macro-mesoscopic constitutive model for porous and cracked rock under true triaxial conditions

The complex mechanical and damage mechanisms of rocks are intricately tied to their diverse mineral compositions and the formation of pores and cracks under external loads.Numerous rock tests reveal a complex interplay between the closure of porous defects and the propagation of induced cracks,presenting challenges in accurately representing their mechanical properties,especially under true triaxial stress conditions.This paper proposes a conceptualization of rock at the mesoscopic level as a two-phase composite,consisting of a bonded medium matrix and frictional medium inclusions.The bonded medium is characterized as a mesoscopic elastic material,encompassing various minerals surrounding porous defects.Its mechanical properties are determined using the mixed multi-inclusion method.Transformation of the bonded medium into the frictional medium occurs through crack extension,with its elastoplastic properties defined by the DruckerePrager yield criterion,accounting for hardening,softening,and extension.MorieTanaka and Eshelby’s equivalent inclusion methods are applied to the bonded and frictional media,respectively.The macroscopic mechanical properties of the rock are derived from these mesoscopic media.Consequently,a True Triaxial Macro-Mesoscopic(TTMM)constitutive model is developed.This model effectively captures the competitive effect and accurately describes the stress-deformation characteristics of granite.Utilizing the TTMM model,the strains resulting from porous defect closure and induced crack extension are differentiated,enabling quantitative determination of the associated damage evolution.