Analysis on the law of differentiating and treating insomnia by physicians based on cluster analysis of drug syndrome

Objective:To explore the general differentiation and treatment of insomnia by Professor Gao Ying through drug clustering and group correspondence analysis,and provide reference for clinical diagnosis and treatment.Methods:Collect retrospective case data from outpatient system,use SPSS20.0 software to perform frequency and cluster analysis on high-frequency symptoms and drug data,and perform corresponding analysis on the clustered drug syndrome groups.Results:A total of 349 consultations in 204 patients were included.Cluster analysis of 35 symptoms and 40 flavors with a frequency of more than 10%resulted in a corresponding relationship between 7 symptom groups,6 drug groups and 5 drug syndrome groups.The medicine symptom group has a high degree of matching;the doctors distinguish and tre at insomnia with calming,clearing heat,nourishing yin,liver,spleen,qi and phlegm as the core treatment,with consistent decoction,two to pill,lily ground Huang Tang,Lily Zhimu Decoction,Wendan Decoction,Sini San,Xiao Chai Hu Tang,Xiaoyao San,etc.are commonly used prescriptions;the physician's experience is to add or subtract Danshen and Zao Ren drink,which has a wide range of applicability to various insomnia syndrome.Conclusion:Based on the cluster analysis of drug symptoms and group correspondence analysis,it can reveal the pathogenesis,treatment and class information hidden in the data of drug symptoms,which can reflect the general law of physicians'syndrome differentiation and treatment of insomnia.This method has a reference for the exploration of TCM clinical experience significance;The results of this study can provide feedback to guide the clinical diagnosis and treatment of insomnia.

Enforcement of Food Legislation and Its Impact on Food Safety: A Case Study on Food Law Enactment in Mauritius

Foodborne diseases affect human health and cause significant economic loss. Among the proposed mitigating strategies to prevent, or at least, to reduce foodborne diseases were the enactment and proper enforcement of food legislation. In Mauritius (MU), many outbreaks have been reported since the enactment and enforcement of the Food Act 1998 (MU) and Food Regulations 1999 (MU). Therefore, it was high time to re-evaluate the impact of the food law on the pattern of foodborne diseases. The aim of this study was to evaluate how the introduction of the Mauritian food legislation had influenced the pattern of foodborne diseases and its suitability in recent years. Data were collected from the website of the Ministry of Health and Quality of Life of Mauritius from 1990 to 2015 and analysed using nonparametric statistical methods, where required. Results showed that more foodborne disease cases occurred during enforcement of the food legislation than before. The study also found that the food law was consistently enforced over the years, except during epidemics of chikungunya fever and dengue fever. Furthermore, several strengths and weaknesses were identified in the current legislation related to the risk of foodborne diseases. Comparing the Mauritian with the Australian food laws revealed some similarities and differences between the two legislations. This review showed that overall foodborne diseases in Mauritius increased and were not affected by the food law enforcement. Therefore, a revision of the law and its enforcement is necessary to make them more efficient in preventing foodborne diseases.

Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws

The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.

On Autonomy of Will and the Applicable Law of Labor Contract:From the Perspective of Chinese Legislation

There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.

From Well-being-oriented Legislation to Democracy-oriented Legislation——An analysis of law making trend in socialist China

A socialist legal system with distinct Chinese features has taken shape in 2010 as required by the general objective of the ＂rule of law＂ strategy and legislation work put forward by the Party＇s 15th national congress. Up to the present,China has already made 237 laws,including the Constitution,699 administrative decrees and regulations and more than 8,600 local laws and regulations.1 They cover seven legal regimes,three tiers of laws. Laws concerning human rights are an important component

Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity

The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.

China’s Labor Standard Legislation: Confused Reality and Unclear Future

The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators.

Rethinking of the Chinese Approach to Physician Apology Legislation: From the Legislative Dilemma of Transplantation

Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.

Logic-based Reset Adaptation Design for Improving Transient Performance of Nonlinear Systems

In this paper, logic-based switching and resetting principles are presented to devise adaptive control laws for a class of uncertain nonlinear systems in order to ensure both the transient bound and the asymptotical convergence of the state. A novel supervisor is constructed to decide when to reset the estimation parameter with the pre-given estimation value. A benchmark example is presented to demonstrate the effectiveness of the approach. © 2014 Chinese Association of Automation.

The Human Rights Legislation Practices of the Communist Party of China During the War of Liberation

During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.

The Quantitative Law of Network Information Growth

Based on the assumptions of ＂information transfer＂ and ＂information creation＂, this paper educes the multiplied growth mechanism of network information： that the gross quantity of network information （Im） is about n times as much as the quantity of real network information （Ir）. According to this theoretical model, we give a uniform explanation to all kinds of information growth models in existence, and put forward some proposals, such as ＂forbidding information transfer＂ and ＂building up the central information base＂, to control the repeated information flooding on the network and facilitate the full use of network information.

Cannikin Law教学法在中职护生教学中的应用

目的探讨卫生职业院校教育中采用Cannikin Law教学法教学的效果。方法将198名护理专业中职生随机分为对照组(97名)和实验组(101名),对照组按常规方法教学;实验组按Cannikin Law教学法进行教学,即在理论考核中采用间隔坐序排列、交叉阅卷的方法;在操作教学中采用小组负责制。结果两组考试平均成绩、考试及格率比较,差异有统计学意义(均P<0.01)。结论在卫生职业院校教育中实施Cannikin Law教学法教学,可提高中职护生的整体能力及考试及格率。

The Third Party Liability of ISP Stipulated in Tort Law of the PRC

The development of third party liability system of Internet Service Provider in China has experienced three periods: the starting period,the transitional period and the forming period. As the law formulated in the forming period,Tort Law of the PRC has higher legal rank and wider regulation scope than former laws in this field. It balances public and private interests. It establishes unified regulations about third party liability of ISP in the field of basic law related to civil affairs. In application of Article 36 of Tort Law,it should be noticed that this article is liability component,and it defines only one form of infringement liability-contributory infringement. No classification of ISP is presented in this article.

体育事业发展中重点领域、新兴领域、涉外领域立法论纲——以高质量的体育立法助推体育强国建设

加强体育事业发展中重点领域、新兴领域、涉外领域立法是中国体育法治建设的重要任务,也是体育强国建设的重要保障。文章运用文献资料法、逻辑分析法等方法,就加强体育事业发展中重点领域、新兴领域、涉外领域立法的战略意义、基本遵循、主要立法内容进行了探讨。研究认为,体育事业发展中重点领域的立法主要应该加强全民健身保障立法、青少年与学校体育配套立法、竞技体育领域立法、体育产业促进立法、职业体育立法、体育市场监管立法、体育组织治理的立法;体育事业发展中新兴领域的立法主要应该重视数字体育立法、体育领域市场竞争立法、体育投融资立法、打击操纵比赛的立法;涉外体育领域的立法应该重点围绕建立起在国际体育活动中保护国家利益的法律制度来展开,并就各类涉外体育事务建立起法治化的规章制度。

Philippine Space Law and Its Enlightenment

The Philippine Space Law was approved by the Philippine Senate and the House of Representatives on June 4, 2019, and was signed by the Philippine President Rodrigo Duterte on August 8, 2019 [1]. The approval of this act can be of great significance in the development of Philippine’s outer space activities and astronautic industry. This article intends to discuss and analyze the Philippine Space Law background, main content, and its enlightenment with regard to the improvement of China’s space law system.

税收法定原则三阶:中西协商民主税收立法史辨

税收法定原则是人类社会商品经济发展和民主政治完善的必由之路,其制度基因密码是协商民主。税收法定原则呈现出两个层面的三级阶梯递进模式:在法律层面,它包含议会自主立法、授权立法、平移立法三级立法模式;在政治层面,它经历英国、美国、中国三级协商民主政治制度。科学理解税收法定原则应当坚持运用马克思主义唯物史观基本原理,既客观肯定英国古典税收法定原则的历史进步性,又充分关注美国现代税收法定原则的时代变革性,同时还应当甄别其由阶级局限性和政治保守性决定的反协商民主的阶级本质。新时代中国税收法定原则具有包容、吸纳西方先进历史经验的开放性,能够全面、真正践行协商民主,在全国人大主导下,充分调动全社会的热情和智力,实现税收立法效率最大化和立法质量最优化,真正实现全过程人民民主。

我国司法鉴定立法涉及的重大问题研究

2005年,全国人民代表大会常务委员会通过的《关于司法鉴定管理问题的决定》(以下简称《决定》)作为司法鉴定领域内唯一的专门法律性文件,其颁布与实施初步实现了统一司法鉴定管理体制。但随着目前法治的进步及司法鉴定领域出现的诸多问题亟需法律予以规制,司法鉴定立法再次成为关注焦点。司法鉴定立法不仅面临着《决定》制定中遗留的老问题,亦交织着《决定》施行后衍生的新问题。需要在已有制度运行基础上,对司法鉴定立法涉及的重大问题展开深入研究,分别从宏观、中观和微观层面来予以探讨,以期能够逐渐形成具有系统性、前瞻性和相对成熟性的立法共识。

流域保护区域协同立法的功能定位与规范进路

《长江保护法》《黄河保护法》为长江、黄河流域的区域协同立法提供了法律依据,在流域保护区域协同立法“入法”后,需要明晰其权力空间与运行规则,提升其科学化、规范化水平。流域保护区域协同立法在本质上仍属于地方立法,是功能主义进路下解决跨行政区域流域保护难题的一种选择,是流域整体性保护的立法回应。就其功能而言,具有落实国家立法确立的流域保护整体目标的实施性功能,以地方合作为中心,解决那些通过单独地方立法难以解决的跨行政区域地方性流域保护问题的协调性、自主性、创新性功能。在此基础上,应当通过明晰其立法层级,建立地方立法规划协同机制,改、废、释的协同机制,交叉备案与后评估机制,深化公众参与机制,完善流域保护区域协同立法的运行规则。

生态环境法典的罪刑条款设置

“《刑法典》是环境刑法更好的归属”的观点,只是一种主观判断,不一定符合事实;我国清末以来的刑法典都预设了多元刑事立法模式,单一刑法典模式不是由刑法典自身形成的,而是由于其他法律不设置罪刑条款形成的,生态环境法典应当直接设置环境犯罪的罪刑条款;罪刑条款应当与行为规则、行政处罚条款密切接近,故应采取分散型设置方式;行政刑法的特点是通过补强行为规则,确保行为规则的有效性,故生态环境法典中的罪刑条款通常采取行政犯的表述方式,但部分条款也可以采取刑法犯的表述方式;罪刑条款应以行政处罚条款为基础,通过增加不法要素与责任要素的方式,使环境犯罪具备应受刑罚处罚性;处理行政处罚与刑罚处罚的关系时,重在防止以刑罚处罚替代行政处罚;应当将行为人积极履行《民法典》规定的“修复生态环境责任”,规定为环境犯罪的减免处罚事由;生态环境法典中的罪刑条款设置应注重必要性、明确性、合理性、协调性,不必顾虑与现行刑法典中环境犯罪条款的重复与交叉。

法经济学视角下教育法典编纂的方案设想

在中国式现代化视域下,教育法典编纂的本质是国家为保障公民公平优质受教育权和保证教育事业优先发展而供给高质量教育法律,应当符合办好人民满意教育的制度需求。引入法经济学视角,能够为教育法典编纂如何克服现实困境达致综合性、体系性、逻辑性和科学性的理论目标拓展方法论,但必须坚持教育立法的社会本位,注重教育公平性与经济效率性的法律权衡。基于我国教育立法的现状和教育事业改革发展的趋势,教育法典编纂必须坚持守正创新的法典化路径,采取开放性结构和汇编型模式以实现教育法典编纂的效益优化。教育法典编纂可以采取“制定教育法典总则—加快推进教育领域内重点立法工作—完成教育法典分则编纂”三步走进程,并运用整合式技术应对教育法典编纂进程中的路径依赖和连锁效应。