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.

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.

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.

An improved strain-softening constitutive model of granite considering the effect of crack deformation

This paper presents an improved strain-softening constitutive model considering the effect of crack deformation based on the triaxial cyclic loading and unloading test results.The improved model assumes that total strain is a combination of plastic,elastic,and crack strains.The constitutive relationship between the crack strain and the stress was further derived.The evolutions of mechanical parameters,i.e.strength parameters,dilation angle,unloading elastic modulus,and deformation parameters of crack,with the plastic strain and confining pressure were studied.With the increase in plastic strain,the cohesion,friction angle,dilation angle,and crack Poisson's ratio initially increase and subsequently decrease,and the unloading elastic modulus and the crack elastic modulus nonlinearly decrease.The increasing confining pressure enhances the strength and unloading elastic modulus,and decreases the dilation angle and Poisson's ratio of the crack.The theoretical triaxial compressive stress-strain curves were compared with the experimental results,and they present a good agreement with each other.The improved constitutive model can well reflect the nonlinear mechanical behavior of granite.

Fatigue properties and damage constitutive model of salt rock based on CT scanning

To investigate the macroscopic fatigue properties and the mesoscopic pore evolution characteristics of salt rock under cyclic loading,fatigue tests under different upper-limit stresses were carried out on salt rock,and the mesoscopic pore structures of salt rock before and after fatigue tests and under different cycle numbers were measured using CT scanning instrument.Based on the test results,the effects of the cycle number and the upper-limit stress on the evolution of cracks,pore morphology,pore number,pore volume,pore size,plane porosity,and volume porosity of salt rock were analyzed.The failure path of salt rock specimens under cyclic loading was analyzed using the distribution law of plane porosity.The damage variable of salt rock under cyclic loading was defined on basis of the variation of volume porosity with cycle number.In order to describe the fatigue deformation behavior of salt rock under cyclic loading,the nonlinear Burgers damage constitutive model was further established.The results show that the model established can better reflect the whole development process of fatigue deformation of salt rock under cyclic loading.

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.

A thermodynamics-based three-scale constitutive model for partially saturated granular materials

A three-scale constitutive model for unsaturated granular materials based on thermodynamic theory is presented.The three-scale yield locus,derived from the explicit yield criterion for solid matrix,is developed from a series of discrete interparticle contact planes.The three-scale yield locus is sensitive to porosity changes;therefore,it is reinterpreted as a corresponding constitutive model without phenomenological parameters.Furthermore,a water retention curve is proposed based on special pore morphology and experimental observations.The features of the partially saturated granular materials are well captured by the model.Under wetting and isotropic compression,volumetric compaction occurs,and the degree of saturation increases.Moreover,the higher the matric suction,the greater the strength,and the smaller the volumetric compaction.Compared with the phenomenological Barcelona basic model,the proposed three-scale constitutive model has fewer parameters;virtually all parameters have clear physical meanings.

Parameter calibration of the tensile-shear interactive damage constitutive model for sandstone failure

The tensile-shear interactive damage(TSID)model is a novel and powerful constitutive model for rock-like materials.This study proposes a methodology to calibrate the TSID model parameters to simulate sandstone.The basic parameters of sandstone are determined through a series of static and dynamic tests,including uniaxial compression,Brazilian disc,triaxial compression under varying confining pressures,hydrostatic compression,and dynamic compression and tensile tests with a split Hopkinson pressure bar.Based on the sandstone test results from this study and previous research,a step-by-step procedure for parameter calibration is outlined,which accounts for the categories of the strength surface,equation of state(EOS),strain rate effect,and damage.The calibrated parameters are verified through numerical tests that correspond to the experimental loading conditions.Consistency between numerical results and experimental data indicates the precision and reliability of the calibrated parameters.The methodology presented in this study is scientifically sound,straightforward,and essential for improving the TSID model.Furthermore,it has the potential to contribute to other rock constitutive models,particularly new user-defined models.

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.

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。

The Effect of Self-confidence in SLA

Krashen's affective filter theory drew researchers' attention to the fresh field of internal factors of learners.But researchers seem to pay too much attention to the other factors while tending to neglect a factor that we cannot afford to play down in language learning research-self-confidence.This paper is designed to discuss the close relationship between self-confidence and some of the other important affective factors,and furthermore raise appropriate concern over self-confidence.

How to Strengthen Child Learners' Self-confidence

Self-confidence is closely related to L2 learning.In order to make their learners enjoy English learning,English teach ers need to strengthen the learners’English learning confidence.This article is to find out English teachers’role to strengthening learners’self-confidence in ELL by means of class observation.The writer concludes improving speaking ability;giving praise and offering gentle error correcting can help to strengthen the learners’confidence.

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。

Cultivation of Cultural Subjectivity from the Perspective of Cultural Self-Confidence

Economic and cultural globalization has strong impacts on the culture of each country.How to maintain the integrity of the local culture in the course of globalization and how to develop on the basis of the inheritance and innovation are the questions worthy of being studied.This paper firstly expounds the important meaning of cultural subjectivity in the view of cultural self-confidence,then explores the roots for the loss of cultural subjectivity consciousness and finally indicates the strategies of cultivating cultural subjectivity.Cultivating cultural subjectivity is an effective way to maintain the integrity of the local culture and the cultural self-confidence.

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.

Constitutive modelling of fabric effect on sand liquefaction

Sand liquefaction under static and dynamic loading can cause failure of embankments,slopes,bridges and other important infrastructure.Sand liquefaction in the seabed can also cause submarine landslides and tsunamis.Fabric anisotropy related to the internal soil structure such as particle orientation,force network and void space is found to have profound influence on sand liquefaction.A constitutive model accounting for the effect of anisotropy on sand liquefaction is proposed.Evolution of fabric anisotropy during loading is considered according to the anisotropic critical state theory for sand.The model has been validated by extensive test results on Toyoura sand with different initial densities and stress states.The effect of sample preparation method on sand liquefaction is qualitatively analysed.The model has been used to investigate the response of a sand ground under earthquake loading.It is shown that sand with horizontal bedding plane has the highest resistance to liquefaction when the sand deposit is anisotropic,which is consistent with the centrifuge test results.The initial degree of fabric anisotropy has a more significant influence on the liquefaction resistance.Sand with more anisotropic fabric that can be caused by previous loading history or compaction methods has lower liquefaction resistance.

Study on hot deformation behavior of homogenized Mg-8.5Gd-4.5Y-0.8Zn-0.4Zr alloy using a combination of strain-compensated Arrhenius constitutive model and finite element simulation method

Isothermal hot compression experiments were conducted on homogenized Mg-8.5Gd-4.5Y-0.8Zn-0.4Zr alloy to investigate hot deformation behavior at the temperature range of 673-773 K and the strain rate range of 0.001-1 s^(-1)by using a Gleeble-1500D thermo mechanical simulator.Metallographic characterization on samples deformed to true strain of 0.70 illustrates the occurrence of flow localization and/or microcrack at deformation conditions of 673 K/0.01 s^(-1),673 K/1 s^(-1)and 698 K/1 s^(-1),indicating that these three deformation conditions should be excluded during hot working of homogenized Mg-8.5Gd-4.5Y-0.8Zn-0.4Zr alloy.Based on the measured true stress-strain data,the strain-compensated Arrhenius constitutive model was constructed and then incorporated into UHARD subroutine of ABAQUS software to study hot deformation process of homogenized Mg-8.5Gd-4.5Y-0.8Zn-0.4Zr alloy.By comparison with measured force-displacement curves,the predicted results can describe well the rheological behavior of homogenized Mg-8.5Gd-4.5Y-0.8Zn-0.4Zr alloy,verifying the validity of finite element simulation of hot compression process with this complicated constitutive model.Numerical results demonstrate that the distribution of values of material parameters(α,n,Q and ln A)within deformed sample is inhomogeneous.This issue is directly correlated to the uneven distribution of equivalent plastic strain due to the friction effect.Moreover,at a given temperature the increase of strain rate would result in the decrease of equivalent plastic strain within the central region of deformed sample,which hinders the occurrence of dynamic recrystallization(DRX).

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.