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.

Notes on the Rule of Law and Human Rights in Chinese Traditional Culture

1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-

“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”。

Analysis on the medication rules and mechanisms of action of traditional Chinese medicine in treating cervical cancer

Objective: To summarize the rule of application of traditional Chinese medicine (TCM) in the prevention and treatment of cervical cancer, and to explore the molecular mechanism of the compatibility of core herbs. Methods: Collect relevant literatures on cervical cancer in Chinese National Knowledgey Ifrastructure (CNKI), use TCM inheritance platform system (TCMISSV2.5) for association rules and complex system entropy clustering analysis;use BATMAN-TCM online analysis tools to construct target-pathway-disease network to reveal the underlying mechanisms of action. Results: Among the 78 prescriptions selected, a total of 172 Chinese medicines were used, and the five most frequently used herbs were Huang-bo (Phellodendri Chinrnsis Cortex), Fu-ling (Poria Cocos), Huang-qi (Hedysarum Multijugum Maxim.), Bai-hua-she-she-cao (Hedyotis Diffusae Herba) and Gan-cao (Licorice). Bai-hua-she-she-cao (Hedyotis Diffusae Herba) and Huang-qi (Hedysarum Multijugum Maxim.), Bai-hua-she-she-cao (Hedyotis Diffusae Herba) and Fu-ling (Poria Cocos), Bai-zhu (Atractylodes Macrocephala Koidz.) and Fu-ling (Poria Cocos) are the three most commonly used medicine match. In addition, through cluster analysis, a total of 4 core herbs compatibility and 2 new prescriptions were excavated. Herbs in the new prescriptions which are used to clearing heat-toxin and removing dampness were most frequently used. Through the analysis of the signal pathway of high frequency Chinese medicines, we found that neuroactive ligand-receptor interaction pathway may play important roles. Conclusion: The core Chinese medicines for the prevention and treatment of cervical cancer are mainly clearing heat-toxin and removing dampness. The core Chinese medicines may play their anti-cervical cancer by interfering with the neuroactive ligand-receptor interaction signaling pathway.

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 Socialist Rule of Law with Chinese Characteristics and Human Rights Protection

Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.

Advancing the Rule of Law

The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, held in Beijing from October 20 to 23, set the blueprint for rule of law in the world＇s second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow：

Rule of prescribing traditional Chinese medicine in the treatment of pneumoconiosis basedon association rules and k-means clustering algorithm

Objective:To analyze the rule of prescribing traditional Chinese medicine for treating pneumoconiosis,so as to provide reference for differential diagnosis and treatment of pneumoconiosis as well as for the development of new drugs for treatingthe disease.Methods:We searched China National Knowledge Infrastructure,Wanfang Database and VIP Chinese PublicationDatabase to retrieve relevant literatures which were then screened according to the enrollment criteria to establish a prescriptiondatabase of traditional Chinese medicine for the treatment of pneumoconiosis.The inheritance calculation platform of traditionalChinese medicine was used to analyze the prescribing rule of traditional Chinese medicine in the treatment of pneumoconiosisbased on association rules,k-means clustering algorithm and regression model analysis.Results:A total of 131 related literature were preliminarily selected,from which 97 prescriptions of traditional Chinese medicine with a total of 195 herbs were included.The most frequently prescribed herbs included Radix astragali,Platycodon grandiflorum,Pinellia ternata,licorice,Codonopsispilosula,Salvia miltiorrhiza,bitter almond etc.A total of 14 association rules,13 high-frequency herb pairs were found and 5groups of formulas were revealed by cluster analysis.Conclusion:The prescriptions for the treatment of pneumoconiosis are mainly composed of herbs for tonifying deficiency,resolving phlegm,relieving cough and asthma,activating blood circulation and removingblood stasis,which are supplemented with herbs for clearing heat,relieving appearance,regulating qi,promoting waterand permeating dampness,etc.,The prescribing rules reflect the basic pathological characteristics of lung deficiency and collateral arthralgia in pneumoconiosis,which provides some ideas for the clinical differentiation and treatment of pneumoconiosis in traditionalChinese medicine.It also provides reference for the research and development of new treatment methods.

Based on the national patent database to explore the rule of traditional Chinese medicine in the treatment of hyperlipidemia

Objective:To explore the medication law of traditional Chinese medicine compound patent for hyperlipidemia,and to provide reference for the research and development of traditional Chinese medicine new drugs for clinical treatment of hyperlipidemia.Methods:All compound TCM patents related to the treatment of hyperlipidemia were searched and extracted from the national patent database(http://epub.sipo.gov.cn)from the establishment of the database to 10st,March 2021.The data was established by the TCM Inheritance Support System(V2.5)and Microsoft Excel 2010 Softwore,and used to conduct TCM syndromes,frequency statistics,four nature and five flavors of traditional Chinese medicine,meridian attribution statistics.IBM SPSS statistics 20 software was used for drug clustering analysis,IBM SPSS modeler 18.2.2 software was used for association rules and web visualization analysis.Results:Totally 284 compound TCM patents were included,involving 577 kinds of Chinese medicine,and the most common syndrome was Yin deficiency of liver and kidney syndrome(74 times,accounting for 26.06%).The most ten common Chinese materiamedica was Hawthorn,Salvia miltiorrhiza,Alismaorientalis,Cassia seed,Polygonummultiflorum,Licorice,Poriacocos,chinese rhubarb,dried tangerine peel,Radix Paeoniae Alba.The top three appeared frequently in drug categories were tonifying deficiency medicine,activating blood-circulation and dissipating blood-stasis medicine,and heat-clearing medicine,respectively.The top two of its drug properties were warm and cold;the top three drug tastes were sweet,bitterness and pungent;the top two meridians were liver and spleen meridian,respectively.Seven drug groups were obtained by cluster analysis,and 16 were obtained by association rule analysis,including 5 drug pairs and 11 three drug groups.Conclusion:Through the data mining of the patent of traditional Chinese medicine compound prescription for regulating and treating hyperlipidemia,it is concluded that the fundamental pathogenesis of the disease is deficiency of viscera function and obstruction of phlegm and blood stasis.The clinical methods are tonifying the liver and kidney,activating blood circulation and removing stasis,resolving phlegm and removing dampness.Traditional Chinese medicine is mostly used for tonifying deficiency,activating blood circulation,removing stasis,resolving phlegm and removing dampness.This paper provides a reference for the research and development of traditional Chinese medicine for hyperlipidemia.

Analysis of the law of traditional Chinese medicine in prevention and treatment of gastrointestinal reaction caused by lung cancer chemotherapy

Objective:To explore the law of traditional Chinese medicine in prevention and treatment of gastrointestinal reaction after chemotherapy for lung cancer.Methods:The literatures on prevention and treatment of gastrointestinal reaction after chemotherapy with Chinese medicine were searched from CNKI,Wanfang and VIP databases from the establishment of the database to September 2020.After screening,the database was established,and data mining was conducted by using IBM SPSS statistics 20.0 and IBM SPSS modeler 18.0 to summarize the medication rules of traditional Chinese medicine in the prevention and treatment of gastrointestinal reaction after chemotherapy for lung cancer.Results:(1)A total of 131 literatures involving 245 traditional Chinese medicines were included for data mining;(2)High frequency drugs include Astragalus membranaceus,liquorice,Poria cocos,Atractylodes macrocephala,Pinellia ternata,Codonopsis pilosula,Ophiopogon japonicus,coix seed,Pericarpium Citri Reticulatae,Radix Glehniae and so on;(3)The traditional Chinese medicine used is mainly tonifying deficiency medicine,resolving phlegm and relieving cough and asthma medicine,diuresis and dampness medicine,heat clearing medicine and antiphlogistic medicine.The medicine tastes bitter and sweet,and has cold and warm properties.The meridian tropism involves liver,lung,stomach,spleen and kidney;(4)Seven core TCM combinations were obtained by cluster analysis,and 24 drug pairs(groups)were obtained by association rule analysis.Conclusion:Through the data mining of traditional Chinese medicine for the prevention and treatment of gastrointestinal reaction after chemotherapy for lung cancer,we can find out the potential rules of traditional Chinese medicine prescription,and clarify the core Chinese medicine,which is helpful to provide certain reference for the development and research of drugs for the treatment of gastrointestinal reaction and modern clinical practice.

Analysis of prescription rules in the treatment of diabetic heart disease based on traditional Chinese medicine inheritance support system

Diabetes is a common clinical disease and has many complications,among which diabetic heart disease is the leading cause of death in diabetic patients.This article collected the prescriptions for the treatment of diabetic heart disease,and used the traditional Chinese medicine inheritance support system to explore the prescription formulation rules.Finally,we included 43 prescriptions for analysis.We found that the rules of formulas for treating diabetic heart disease are complex,but Chinese medicines in these formulas are mainly with the effects of nourishing Qi,nourishing Yin and activating blood circulation.At the same time,we obtained 3 new prescriptions and discussed the clinical rationality of the new prescriptions.The purpose of this article is to provide reference for clinical prescription in the treatment of diabetic heart disease and the development of related new drugs.

The Legally Permissible Traditional Customary Uses of Wildlife and Forests under Kenyan Law

Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which are wildlife and forestry. Unlike minerals which are by law vested in the government and can only be extracted by it and not the citizenry, wildlife and forestry are resources that the citizens may utilize in their day to day lives to meet their needs. Apart from their consumptive uses, there are also non-consumptive uses and values of wild animals and forests;such as their intrinsic ecological value as gene banks, as well as their scenic value for viewing. These are essentially conventional values and uses. They are largely formal and universal ones that are universally obtaining across the world irrespective of the levels of civilization or cultural identity, and are even compatible with modernity. Apart from these, there are some wildlife and forestry uses which are unique to the typical African way of life as part of old traditional customs that have existed from earlier times. These are what are in this paper referred to as “traditional customary uses”. These uses are largely informal, rudimentary and archaic. They are nevertheless critical in the endemic African way of life and represent the inextricable rudimentary technologically bereft relationship between the African people and their natural resources. Under the country’s existing laws, some of these uses are prohibited and criminal sanctions prescribed to enforce their proscription, hence cannot be enjoyed or practiced. There are however others that the law has either expressly allowed, or not prohibited, hence may be lawfully enjoyed or practiced. These are what this paper has referred to as the legally permissible traditional customary uses;and are the ones that are its subject. As for wildlife, in the year 1977, the Kenya Government by a Legal Notice in the Kenya Gazette imposed a ban on all forms of hunting of wildlife. The ban is still in force. This therefore means that hunting is illegal, as legal prohibition has in effect prohibited all and any form of off-take or killing of wildlife. By implication therefore, under Kenyan law, only non-consumptive uses of wildlife may be enjoyed, and not the consumptive ones. These include viewing as well as socio-cultural and spiritual uses. In Kenya therefore, the only permissible traditional customary use of wildlife is its non-consumptive use for socio-cultural and spiritual purposes;subject of course to the existing legal prohibition on witchcraft under the Witchcraft Act (Cap 67 Laws of Kenya). This piece of legislation has prohibited the practice and promotion of witchcraft. This in effect means that the socio-cultural and spiritual uses of wildlife though legally permissible, will be enjoyed, provided it is not for witchcraft purposes. With regard to forests, this author has identified the following five as their legally permissible traditional customary uses under Kenyan law: Socio-cultural and spiritual (consumptive and non-consumptive) use, other than for witchcraft;use in herbal folk medicine, other than for witchcraft;use for human food and livestock fodder;use for firewood;and use as raw material in construction and traditional craft. Notably, in Kenya, traditional customary use is subject to the existing legal prohibition on witchcraft. Further, while it is the legally permissible use category that is the focus of this paper, the author nevertheless discusses the prohibited traditional customary uses as well. This paper is based on literature survey as well as data obtained from the author’s previous research whose primary data and findings have been published in recent times. It also draws from the documented research and diverse documented views of other commentators on the subject.

Analysis on the rules of prescriptions for ischemic stroke based on the traditional Chinese medicine inheritance auxiliary system

In China,traditional Chinese medicine is widely used in the treatment of ischemic stroke,but its prescription rules needs to be further studied.This paper uses the traditional Chinese medicine inheritance auxiliary system(a software)to analyze the composition rules of a large number of prescriptions for the treatment of ischemic stroke,and discusses the clinical rationality of the new prescriptions.We found that the prescriptions for the treatment of ischemic stroke are mainly composed by herbs for promoting blood circulation and removing blood stasis,dredging collaterals and tonifying deficiency,and some of the new prescriptions are also in line with this characteristic.This paper can provide reference for clinical prescription in the treatment of ischemic stroke and the development of related new drugs.

Conflict： Efficient State or State Under the Rule of Law？-- The Hungarian Case of the Victory of the Efficient State over the State Under the Rule of Law

This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.

A Probe into the Issue of Socialist Rule of Law and the Reform of Legal System

The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people.

Analysis of the rule of medication for internal administration of gout by traditional Chinese medicine based on Traditional Chinese Medicine Inheritance System

Objective:Based on the TCMIS(traditional Chinese medicine inheritance system)V2.5 to explore the rule of medication used in internal TCM(traditional Chinese medicine)for gout in the national patent network.Method:Collect the internal administrations of gout in the national patent network,and enter them into the Chinese medicine inheritance system V2.5,adopt Frequency analysis,association rules,complex system entropy clustering and other data mining methods to analyse the internal traditional formula of traditional Chinese medicine for gout.Results:By inclusion,exclusion criteria,357 formulas are screened out,involving 494 medicine,63 medicine with frequency of use≥20,and 40 commonly used medicine pairs.The core medicine are:Huangbai(Cortex Phellodendri),Cangzhu(Rhizoma Atracylodis),Niuxi(Radix Acanthopanacis Bidentatae),Yiyiren(Semen Coicis),Tufuling(Rhizoma Smilacis Glabrae),Bixie(Rhizome Dioscoreae Hypoglaucae),Gancao(Radix Glycyrrhizae),Weilingxian(Radix Clematidis),Zexie(Rhizoma Alismatis),Danggui(Radix Angelicae Sinensis),Chuanxiong(Rhizoma Chuanxiong).There are 28 new combinations and 14 new formulas.Conclusion:In the national patent network,the internal traditional Chinese medicine for gout is based on clearing away heat and dampness,activating blood circulation to dredge collaterals,which provides reference for clinical treatment of gout.

A study of medication rules of traditional Chinese medicine in the treatment of pre diabetes based on data mining

Background:To summarize the concerted application and prescription rules of traditional Chinese medicine in the treatment of pre diabetes.Methods:Microsoft Excel 2010 was used to summarize the categories,nature,flavour and channel tropism of drugs.The cluster analysis of high-frequency drugs was carried out by SPSS 22.0,and the association rules of high-frequency drugs were analyzed by Apriori algorithm provided by SPSS modeler 14.0.Results:One hundred and forty-six references were included,including 153 prescriptions and 131 drugs.Their frequency of use is listed in the following order.The top 3 categories of drugs were“Tonifying,Heat-Clearing”,diuresis and“Diffusing Dampness”drugs.The top 5 drugs were Huangqi(Astragali radix),Fuling(Poria),Huanglian(Coptidis rhizoma),Shanyao(Dioscoreae rhizoma),Gegen(Puerariae lobatae radix).The top 3 channel tropism of drugs were spleen,stomach and lung.The top 3 nature of drugs were cold,warm and calm.The top 3 flavour of drugs were sweet,bitter and pungent.The cluster analysis of high-frequency drugs showed that it could be classified into 4 categories:“Benefiting Qi”for promoting production of fluid,“Clearing Heat”and“Eliminating Dampness”,“Nourishing Yin”and“Clearing Heat”,and“Invigorating Spleen”for“Diffusing Dampness”.The results of association rule analysis showed that the combination with the highest degree of confidence and support was Poria-Chenpi(Citri reticulatae pericarpium)-Banxia(Pinelliae rhizoma)-Baizhu(Atractylodis macrocephalae rhizoma)and the combination with the highest frequency was Astragali radix-Puerariae lobatae radix.Conclusion:The pre diabetes is due to deficiency.The disease location is spleen and stomach and the pathological factor is phlegm-damp,that is why benefiting qi and invigorating spleen is regarded as the key link of clinical treatment.

A study on the medication law of oral administration of traditional Chinese medicine in treating breast carbuncle based on the Traditional Chinese Medicine Prescription Dictionary

Objective:Based on the database of Traditional Chinese Medicine Prescription Dictionary,the prescription medication rules of oral administration of traditional Chinese medicine in the treatment of breast carbuncle were explored by using the software of Traditional Chinese Medicine Inheritance Support System(V2.5).Methods:To screen and retrieve the prescriptions for treating breast carbuncle in the Traditional Chinese Medicine Prescription Dictionary,and data mining was carried out by using association rule algorithm,complex system entropy clustering and so on.Results:A total of 208 prescriptions which met the inclusion criteria were selected,involving 175 traditional Chinese medicines.Among them,23 medicines were found to be more than 21 times in the treatment of breast carbuncle.The nature of the medicine is mainly cold or warm,the flavour of the medicine is mainly bitter or sweet,most of them belong to the spleen,liver,stomach.15 commonly used drug combinations and 9 new prescriptions were obtained.Conclusion:The key pathogenesis of breast carbuncle is liver depression and Qi stagnation,stomach heat blocking collaterals,the treatment is mainly to clear heat and detoxify,regulate Qi to diffuse the knot,which provides reference for the choose of traditional Chinese medicine prescription in treating breast carbuncle.

Research on the Scientific Meaning of Rule of Law in China

Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.