论“rule by law”和“rule of law”的区别

"Rule of law"和"Rule by law"两个词是当代中国对"法治"一词的两种翻译,其内涵有着本质的不同。正确地区分两者关系,不仅对于当今法制与法治的建设有着重要的借鉴价值,更有助于处理好当今政府与人民之间的权限问题,对构建现代民主基础之上的法治社会以及对依法治国的发展有着重要意义。

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.

Dimension by Dimension Finite Volume HWENO Method for Hyperbolic Conservation Laws

In this paper,we propose a finite volume Hermite weighted essentially non-oscillatory(HWENO)method based on the dimension by dimension framework to solve hyperbolic conservation laws.It can maintain the high accuracy in the smooth region and obtain the high resolution solution when the discontinuity appears,and it is compact which will be good for giving the numerical boundary conditions.Furthermore,it avoids complicated least square procedure when we implement the genuine two dimensional(2D)finite volume HWENO reconstruction,and it can be regarded as a generalization of the one dimensional(1D)HWENO method.Extensive numerical tests are performed to verify the high resolution and high accuracy of the scheme.

On the Choice of the Path for the Development of the Rule of Law in China: From the Perspective of Improving the Rule of Law Quality by Promoting the Substantive Rule of Law

The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.

The Rule of Law is the Most Important Means of Human Rights Protection

Today,we are here to commemorate the 75^(th) anniversary of the adoption of the Universal Declaration of Human Rights.In this Declaration,which consists of only30 articles,seven articles are related to the constitution,law,court,and the rule of law,making it a declaration filled with the rule of law.Coincidentally,today is also the 10^(th) National Constitution Day of China.Nineteen years ago,“the state respects and protects human rights”was enshrined in the Constitution,becoming a constitutional principle.Since then,human rights protection in China has been based on fundamental law.

Combining the Rule of Law with the Rule of Morality——General Secretary Xi Jinping's Important Discourse on the Relationship Between the Rule of Law and Rule by Virtue

Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law

Persist in Law-based Protection of Human Rights and Improve the Mechanism for the Protection of Human Rights by the Rule of Law

General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-based protection of human rights and improving the mechanism for the protection of human rights by the rule of law are essential for unswervingly following the development path of human rights in China.The improvement of the mechanism for the protection of human rights by the rule of law necessitates adhering to the principle of respecting the dominant role of the people and removing the institutional obstacles in rule of law protection of human rights;to comprehensively strengthen the implementation of the Constitution,advance the filing and examination of the Constitution,and safeguard the authority of the Constitution;to accelerate the theoretical innovation of human rights and the construction of the discipline system,the academic system and the discourse system of human rights that meet the needs of the new era in China,and to actively participate in and contribute to the global governance on human rights,etc.Improving the mechanism for the protection of human rights by the rule of law can provide a solid protection for people enjoying a better life.

Advocating Human Rights Protection by Rule of Law, Supporting Human Rights Undertaking with a Giant Hand——Deep Condolences to Dear Former President Luo Haocai

Chairman Luo Haocai served as the president of CSHRS from 2007 to 2016.During those nine years, he built deep friendships with researchers on human rights.Because President Luo served as vice chairman of the National Committee of CPPCC for a long time, we were used to calling him "Chairman Luo." Chairman Luo was a leader with strategic and overall awareness, a scholar-official, an elder with a young mentality, and a motivator and protector of young people.

NIMBY Behavior in Epidemic Prevention and Control and Its Governance from the Rule of Law

COVID-19 prevention and control is a great test of the governance system and governance capability of our country.People of all ethnic groups and regions are helping one another to fight the epidemic together under the leadership of the Communist Party of China,and demonstrate the remarkable advantages of the socialist system with Chinese characteristics.But governing NIMBY behavior in the epidemic prevention and control work by rule of law is not only an important subject to promote the modernization of national governance capacity but also upholds the rule of law to protect human rights.It s a complex system mechanism that requires emergency management and rule of law advocacy working together,the implementation of good laws and flexible law enforcement moving forward together,and legal incentives and legal sanctions used together.

Rule by Criminal Law is a Seismograph for the Protection of Human Rights

Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law

SCOURS IN FRONT OF A BREAKWATER BY BROKEN WAVES AND THEIR SIMILARITY LAW

The sea bottom in front of a breakwater is scoured under the action of broken waves,and this will affect the stability of the breakwater.In this paper,the scours of sandy seabed in front of a breakwater under the action of broken waves are investigated experimentally.The depth and range of the scouring trough at the foot of a breakwater are studied,and the influence of open foundation-bed on scouring and depositing is also discussed.In order to apply the research results to practical projects,the scale of model sediment and the scale of scours and depositions are suggested.

“the rule of law”不能涵盖“法治”的内涵

“法治”(the rule of law)与“依法治国”(the rule by law)的根本区别在于所依之“法”,仅仅用“of”和“by”两个字无法将这两种法律思想和法律实践区别开来。“the rule of law”不能涵盖“法治”的内涵 ,“法治”的英文表述应该是“the rule under natural law”。

A Study on Damage Rules on Insulators by Conducting Sols

Insulating parts are easily subjected to pollution which may cause damage to the electric system. A typical disc insulator is chosen as the target to test its flashover voltage by using an artificial pollution system. This test system aims at obtaining characteristic parameters of damage for chosen conducting sola to the selected insulator. Experimental results show that thickness and electric conductivity of pollutant layer over insulators are the main parameters in damage evaluation. The flashover voltage decreases with increase of thickness and/or conductivity. These results provide a better basis on further revealing the damaging nature of conducting sol materials.

Use Chou’s 5-Steps Rule to Predict Remote Homology Proteins by Merging Grey Incidence Analysis and Domain Similarity Analysis

Detecting remote homology proteins is a challenging problem for both basic research and drug development. Although there are a couple of methods to deal with this problem, the benchmark datasets based on which the existing methods were trained and tested contain many high homologous samples as reflected by the fact that the cutoff threshold was set at 95%. In this study, we reconstructed the benchmark dataset by setting the threshold at 40%, meaning none of the proteins included in the benchmark dataset has more than 40% pairwise sequence identity with any other in the same subset. Using the new benchmark dataset, we proposed a new predictor called “dRHP-GreyFun” based on the grey modeling and functional domain approach. Rigorous cross-validations have indicated that the new predictor is superior to its counterparts in both enhancing success rates and reducing computational cost. The predictor can be downloaded from https://github.com/jcilwz/dRHP-GreyFun.

LOW-THRUST ORBIT TRANSFER BY COMBINING GENETIC ALGORITHM WITH REFINED Q-LAW METHOD

A new orbit transfer method is presented by combining the genetic algorithm（GA）with the refined Q-law method.Considering the energy consumption,the relative thrust efficiency is introduced as a threshold deciding whether to thrust or coast.GA is used to achieve the global time-optimal orbit transfer.The trajectory optimization problem is transformed into the constraint parameter optimization problem,thus the nonlinear two-point boundary value problem is avoided.The refined Q-law method integrated with the fuzzy logic control is adopted for the end course,the vibration is avoided and the high precision is achieved.The numerical simulation of satellite orbit transfer is implemented.Results show that the new method can achieve the time-optimal orbit transfer and the low energy consumption,thus improving the transfer precision.

Variation law of gas holdup in an autoclave during the pressure leaching process by using a mixed-flow agitator

The multiphase reaction process of pressure leaching is mainly carried out in the liquid phase. Therefore, gas holdup is essential for the gas–liquid–solid phase reaction and the extraction rate of valuable metals. In this paper, a transparent quartz autoclave, a six blades disc turbine-type agitator, and a high-speed camera were used to investigate the gas holdup of the pressure leaching process. Furthermore, experiments determining the effects of agitation rate, temperature, and oxygen partial pressure on gas holdup were carried out. The results showed that when the agitation rate increased from 350 to 600 r/min, the gas holdup increased from 0.10% to 0.64%. When the temperature increased from 363 to 423 K, the gas holdup increased from 0.14% to 0.20%. When the oxygen partial pressure increased from 0.1 to 0.8 MPa, the gas holdup increased from 0.13% to 0.19%. A similar criteria relationship was established by Homogeneous Principle and Buckingham's theorem. Comprehensively, empirical equation of gas holdup was deduced on the basis of experimental data and the similarity theory, where the criterion equation was determined as ε=4.54×10^(-11)n^(3.65)T^(2.08)P_g^(0.18). It can be seen from the formula that agitation rate made the most important impact on gas holdup in the pressure leaching process using the mixed-flow agitator.

Influences of nonassociated flow rules on seismic bearing capacity factors of strip footing on soil slope by energy dissipation method

Seismic bearing capacity factors of a strip footing placed on soil slope were determined with both associated and nonassociated flow rules. Quasi-static representation of earthquake effects using a seismic coefficient concept was adopted for seismic bearing capacity calculations. A multi-wedge translational failure mechanism was used to obtain the seismic bearing capacity factors for different seismic coefficients and various inclined angles. Employing the associated flow rule, numerical results were compared with the published solutions. For bearing capacity factors related to cohesion and equivalent surcharge load, the maximum difference approximates 0.1%. However, the difference of bearing capacity factor related to unit weight is larger. With the two flow rules, the seismic bearing capacity factors were presented in the form of design charts for practical use. The results show that seismic bearing capacity factors related to the cohesion, the equivalent surcharge load and the unit weight increase greatly as the dilatancy angle increases, and that the nonassociated flow rule has important influences on the seismic bearing capacity.

Noether's theorem for non-conservative Hamilton system based on El-Nabulsi dynamical model extended by periodic laws

This paper focuses on the Noether symmetries and the conserved quantities for both holonomic and nonholonomic systems based on a new non-conservative dynamical model introduced by E1-Nabulsi. First, the E1-Nabulsi dynamical model which is based on a fractional integral extended by periodic laws is introduced, and E1-Nabulsi-Hamilton＇s canoni- cal equations for non-conservative Hamilton system with holonomic or nonholonomic constraints are established. Second, the definitions and criteria of E1-Nabulsi-Noether symmetrical transformations and quasi-symmetrical transformations are presented in terms of the invariance of E1-Nabulsi-Hamilton action under the infinitesimal transformations of the group. Fi- nally, Noether＇s theorems for the non-conservative Hamilton system under the E1-Nabulsi dynamical system are established, which reveal the relationship between the Noether symmetry and the conserved quantity of the system.