Twenty Years of the Implementation of the Human Rights Clause in the Constitution:Achievements,Implications,and Research Topics

On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“the state respects and protects human rights”as the third clause in Article 33 of Chapter II“Basic Rights and Obligations of Citizens”in the Constitution.The inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People’s Republic of China.The implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic spirit.Over the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a“great term”,but also a common value shared by mankind.Amid the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of society.Reinterpreting the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude.

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.

Discussion on the Relation between Garden Landscape Constitution and Ancient Chinese Poetry and Paintings

From the perspective of culture-based source,the author considered that the ancient Chinese poetry and paintings not only embodied the harmony and unity thought of man and nature,but also were the emotional attachment of Chinese literati.As a diverse and comprehensive aesthetic art,landscape expressed material and spiritual culture doubly,the spiritual connotation of which was inextricably linked within ancient Chinese poetry and paintings.In addition,ancient Chinese poetry and paintings can be directly used in landscape composition,such as the widely used in plaques,inscriptions,couplets,poems and inscriptions,carved beams and painted pillars,painting with words and so on.Chinese literati integrated the ethereal realm of poetry and paintings into garden art,making landscape endow with poetic charm.Therefore,the landscape revealed the traces of literature and arts in aesthetic idea and taste,pushing Chinese garden to a higher aesthetic realm.This study pointed the right way to the future of modern landscape which advocated ecological and harmonious development.

Research Status of Traditional Chinese Medicine Constitution Theory in Insomnia

With the development of modern bio-psycho-social medical model and traditional Chinese medicine(TCM)constitution theory,we gradually realize that the exploration of the constitution characteristics of insomnia is of great significance for the reveal of the origin of insomnia and the innovation of its treatment and nursing methods.This paper focused on the analysis of the investigation of TCM constitution classification of insomnia and the application of TCM constitution theory in the treatmentand nursing of insomnia.Moreover,the research prospect of insomnia in TCM constitution was discussed.The purpose is to provide theoretical basis for the treatment and nursing of patients with insomnia based on analysis of constitution differentiationin the future,and to better serve the clinic.

Pore constitution and tortuosity factor of reactively synthesized porous TiAl intermetallic compound

The pore constitution and tortuosity factor of porous TiAl intermetallic were studied on the basis of the variation behavior of pore structure parameters and the discrete particle model. The pore formation mechanism of porous TiAl is mainly ascribed to three aspects: the clearance space in green compact, the diffusive pores in the reaction process and the phase transition pores, resulting in the open porosities of 5.6%, 42.9% and 1.3%, respectively. According to the Hagen-Poiseuille equation, the tortuosity factor of porous TiAl is determined in the range of 1.3-2.2. Based on the discrete particle model and the variation rule of the tortuosity factor, the tortuosity factor depends mainly on the parameters of fabrication constant, particle shape factor, clearance distance and powder particle size. The quantitative relationships among them have been established, which can be used as the basis for adjusting the pore structure of porous intermetallics.

The theory development of traditional Chinese medicine constitution: a review

Traditional Chinese medicine constitution (TCMC),as one of the most important parts of Chinese medicine theory,attracted the attention of more and more researchers and many research projects were conducted during past several decades in China's Mainland.This review provided a historic overview of TCMC theory and research progress in its classification,evaluation criteria and epidemiology,so as to give people through a different lens to understand human health.

Reliability and validity of the Tibetan medicine constitution scale: a cross-sectional study of the general population in Beijing, China

Background:The constitutional theory is an important aspect of Tibetan medicine,however a quantitative measurement tool for constitution identification still does not exist.The objective of this study is to evaluate the reliability and validity of a Tibetan medicine constitution scale(TMCS)that consists of three sub-scales and 31 items.Methods:From June to July 2019,622 people from the general population in Beijing,China,aged 18 to 60 were investigated.We employed Cronbach’s alpha(α),split-half reliability,and test-retest reliability to determine the reliability of the scale.The content validity and contract validity of the TMCS were evaluated using factor analysis and correlation analysis based on Tibetan medicine theory.The items were screened according to the reliability test results.Results:After the items were screened,22 items remained in the scale.The Cronbach’s alpha value for the internal consistency reliability of the TMCS was 0.754(95%confidence interval(CI):0.700–0.761).The correlation coefficient for the two-week test-retest of the total score was 0.726(95%CI:0.571–0.834).The split-half coefficient was 0.689(95%CI:0.640–0.734).The scale can be explained by eight potential factors,including morphological structure,physiological function,personality,adaptability,etc.The body mass index was negatively correlated with the score of the sub-rlung scale(r=−0.376),slightly positively correlated with the sub-mkhris pa scale(r=0.099),and positively correlated with the sub-bad kan scale(r=0.362).Conclusion:The TMCS is a reliable and valid instrument that can be used to assess the body constitution of the general population in Beijing,China.Future studies are needed to explore the differences in biological characteristics among the constitutional types and the association between constitution and disease.

Research on the Correlation Between Physical Examination Indexes and TCM Constitutions Using the RBF Neural Network

Objective To establish correlation models between various physical examination indexes and traditional Chinese medicine(TCM)constitutions,and explore their relationships based on the radial basis function(RBF)neural network.Methods The raw data of physical examination indexes and TMC constitutions of 650 subjects who underwent a physical examination were cleaned,classified and sorted,on the basis of which valid data were retrieved and categorized into a training dataset and a test dataset.Subsequently,the RBF neural network was applied to the valid samples in the training set to establish correlation models between various physical examination indexes and TCM constitutions.The accuracy and the error margin of the correlation model were then verified using the valid samples in the test set.Results Of all selected samples,the highest accuracy rates were 80% for the blood lipid index-TCM constitution model;100% for the renal function index-TCM constitution model;100% for the blood routine(male)index-TCM constitution model;88.8% for the blood routine(female)index-TCM constitution model;84.1%for the urine routine index-TCM constitution model;and 100% for the blood transfusion index-TCM constitution model.Conclusions The samples selected in this study suggested that there is a strong correlation between physical examination indexes and TCM constitutions,making it feasible to apply the established correlation models to TCM constitution identification.

Correlation between Tibetan and traditional Chinese medicine body constitutions: A cross-sectional study of Tibetan college students in the Tibet Autonomous Region

Objective:To evaluate the correlation between the body constitution types of Tibetan medicine and traditional Chinese medicine (TCM).Methods:The cluster sampling method was employed to recruit participants from a university in the Tibet Autonomous Region.Tibetan medicine and TCM questionnaires were respectively used to assess the participants' constitution information.Descriptive statistics were applied to analyze the baseline and constitution characteristics of the participants.Two-factor correlation analysis and the paired chi-square test were applied to analyze the correlation between Tibetan and TCM constitution types.Results:Data from 466 Tibetan students were analyzed.The mean scores of the rlung,mkhris pa,and bad kan constitution types in Tibetan medicine were 43.2 (11.1),42.1 (10.1),and 45.0 (8.0),respectively;participants with the three-factor convergence body constitution type accounted for 13.7% of the whole population.Among the TCM constitution types,qi stagnation was the most common (21.5%),followed by the balance type (16.5%);the other constitutions detected were qi deficiency,yin deficiency,and yang deficiency.The rate of consistency for the identification of the three-factor convergence constitution in Tibetan medicine and the balance constitution in TCM was 89.1%,with a Kappa coefficient of 0.57 (P >.05).The rlung constitution in Tibetan medicine was associated with the yin deficiency,yang deficiency,and blood stasis constitutions in TCM.The mkhhris pa constitution in Tibetan medicine was associated with the damp heat and yin deficiency constitutions in TCM.The bad kan constitution in Tibetan medicine was associated with the phlegm dampness,qi deficiency,and yin deficiency constitutions in TCM.Conclusion:There is a correlation between the body constitution types of Tibetan medicine and TCM.The reliability and validity of the Questionnaire for TibetanMedicine Constitution requires improvement,and more studies with larger sample sizes and more varied populations are warranted to verify the correlation between Tibetan medicine and TCM constitutions.

Association between body-constitution type and vascular endothelial dysfunction: A cross-sectional study in an adult obese/ overweight population

Objective:To measure vascular endothelial function (VED) in obese/overweight people grouped according to the constitutional theory of traditional Chinese medicine (TCM).We wished to predict the risk of VED and cardiovascular diseases in obese/overweight populations.Methods:This was a cross-sectional study.Eighty-six obese/overweight volunteers from Beijing Chao-Yang Hospital were enrolled and divided into four groups based on body-constitution type:phlegm dampness (PD);phlegm dampness with blood stasis (PDBS);qi-deficiency (QD);balance (BA).Height,weight,waist circumference and hip circumference were measured,and percent body fat and reactive hyperemia index (RHI) calculated.Levels of vascular endothelial growth factor (VEGF),von Willebrand factor (vWF) and plasma endothelial-1 (ET-1) were detected by immunohistochemistry.Results:The RHI and vWF levels in the PDBS group were significantly lower than those in the BA group and QD group (P <.05),but there was no significant difference compared with the PD group (P >.05).These two indicators displayed no significant differences among BA,QD,and PD groups (P >.05).There was no significant difference among the four groups in level of ET-1 or VEGF (P >.05).Conclusion:Of the four indicators selected,the RHI and vWF displayed significant differences between the PDBS group and BA group,and between the PDBS group and QD group.Hence,in an obese/overweight population with different constitutional types,compared with BA and QD groups,a relatively higher risk of suffering from VED was detected in the PDBS group.Meanwhile,this study provides the experimental basis for confirming the feasibility of constitutional classification in obese/overweight population.

On the New Constitution of Cuba

Recently, Cuba, the only socialist country in the Western Hemisphere,approved its second constitution, the Constitution of the Republic of Cuba, since the victory of the 1959 revolution. On the surface, this constitution is the fourth revision of the 1976 Constitution. However, due to the wide scope of the revision and the significant content involved, it is essentially a brand new constitution.The new constitution not only reflects major changes in Cuba’s political,economic, social and diplomatic fields over the past 40 years, but also marks the Cuban Communist government’s thinking and planning on the sustainable development of Cuban socialism in the 21 st century so as to ensure that it is irreversible and will not radically change. This revision of the Constitution is the most significant political reform since the victory of the Cuban Revolution in1959 and will lead to a major and far-reaching impact on Cuba’s future development in the fields of politics, economy, society and diplomacy.

Structure and function of the fecal-associated microbiome in qi stagnation constitution

Objective:To clarify the structural and functional characteristics of the gut microbiota in individuals with qi stagnation constitution(QSC)and identify the potential biomarkers related to QSC.Methods:This cross-sectional study involved individuals with QSC and balanced constitution(BC)confirmed by TCM clinicians.The clinical features were recorded,and fecal samples were collected for 16S rDNA sequencing.The structure of the fecal-associated microbiome(FAM)was described by the alpha-diversity indexes,beta-distances,and relative abundances of dominant taxa.The differences in FAM distribution were analyzed by the Wilcoxon rank-sum test,MetagenomeSeq,and LEfSe analysis.The 16S rDNA gene sequences were assigned to the KEGG dataset to predict the functional information of bacterial metabolic pathways by using PICRUSt.Differences in functional pathways between groups were assessed with the Wilcoxon rank-sum test.The ROC curve based on specific operational taxonomic units(OTUs)was constructed,and the AUC was calculated.Results:Twenty-two individuals with BC and 8 with QSC were recruited.Significant differences between the two groups were found in body mass index,health status,and low-density lipoprotein,etc.There was no significant difference in the alpha-diversity index.PCoA showed no evident clustering of bacterial communities according to constitutions.Bacteroidaceae,Lachnospiraceae,Ruminococcaceae,and Prevotellaceae were the four common bacteria with high abundances.Notably,MetagenomeSeq,LEfSe analysis,and the Wilcoxon rank-sum test identified significantly different distributions of 66,42,and 36 OTUs,respectively.Predictive function analysis showed that 13 metabolic pathways were significantly differentially distributed,including those related to fatty acid synthesis.Five specific OTUs were selected as potential biomarkers of a QSC,and the AUC was 0.94.Conclusion:Individuals with QSC have unique FAM structure and related functional characteristics.Five specific OTUs were identified to serve as potentially effective biomarkers related to QSC.

Rationality of Reincorporating the Reserved Seat Provision in the Constitution of The People’s Republic of Bangladesh

The Constitution (17th Amendment) Act 2018, passed on this 8th July 2018, provides for the tenure of the reserved seats for women in Parliament to be extended for a period of 25 years from the first day of the 11th parliament. In Bangladesh, there is a consensus in general that women’s political participation is necessary for both the democratic development of the country and women’s empowerment. Studies and research on the constitutionality of the Reserved Seat Provision for women in Parliament show that this Reserved Seat Provision does not actually help women impact in the political process in Parliament and/or in achieving the goals of women empowerment. Hence, this paper shall discuss how this Reserved Seat Provision is affecting the election system, leaving a scope for it to be less democratic, effective, and meaningful. This paper shall highlight that merely a sizable presence of women in Parliament for such a long period won’t aid in achieving the aims and objectives of women empowerment. This paper shall conclude with the recommendation that the Reserved Seat Provision may be integrated in the Constitution in a manner that provides for direct election of reserved seat nominations for women in Parliament and that too should not be in the Constitution for an indefinite period.

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.

Relationship Research between the Chinese Medicine Constitution and Sub-Health

With further development of the bio-psycho-social medical model, people began to re-examine the knowledge of disease and health. The concept of sub-health has also been proposed in western medicine. Because of the lack of a specific standard, it is difficult to make clinical diagnosis and treatments for sub-health. Chinese medicine constitution theory has been widely accepted in China, and has a set of executable standards. This paper puts forward a new research method that connects the sub-health in western medicine and Chinese medicine constitution theory together. The potential relationships and influences between Chinese medicine constitution theory and sub-health were analyzed and key content and research progress were discussed. The research method in this paper will provide new ideas for sub-health research.

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.

Hot Spring Hydro Therapy Regulates Peripheral Leukocyte Together with Emotional Hormone and Receptor Positive Lymphocytes According to Each Constitution/Condition

Two primary defense systems develop in vertebrates, innate and adaptive. Despite those defense systems, the overwhelming problems of possessing this dual system, the innate or adoptive do not seem to guard or even prevent the development of one internal threat to survival, moreover sometimes direct to autoimmunity accompanying hypersensitivity. Further, every individual exposes to the risk of immunodeficiency in daily life with both internal and external stimuli. In this report, we tried to report the suitable menu for regulating the immune system modulate and discuss how we can compare and select each menu by evidence-based manner more than VAS. In a series of investigation, we have assessed the various health promoting menus such as hot spring hydrotherapy, acupuncture & moxibustion, light walking, independent to the western medicine. In this report, we try to summarize the regulatory effect of hot spring hydrotherapy as our representative menu under the influence of hypothalamus system. Their effects of elements were evaluated by the total number of peripheral leukocyte, its subsets, granulocyte and lymphocyte ratio, emotional hormones, receptor positive lymphoid cells. The regulative effects were confirmed also by other menu than hydrotherapy, acupuncture, walking etc. However, just by the simple comparison between the group before and after the hydrotherapy, we cannot exhibit the real regulatory effect by each menu. So we tried to show the effect by trying to indicate the constitution/condition dependent manner. Because the effect was not uniformly to each individual but it was dependent on each condition/constitution before the start of the menu. This is the one of the main proposes of this report for summaries that it is important to regulate the number and levels of each factor as ideal value. In other words, the regulation of each factor affected under the hypothalamus system is regulated with each constitution, under the influence of daily circumstances. The mode of regulation was the same in each menu, indicating that the higher leveler was down regulated and lower leveler was up regulated. Moreover, each vector of change was reversely correlated to the value of the day before. The other purpose of this study was designed to establish the regulatory effect of this hydrotherapy being not limited in the number of leukocyte in peripheral but in the emotional hormones. They were adrenaline and dopamine but not found another hormone for healthy individuals. Hot spring hydrotherapy for a short duration was expected to influence the immune system combining with hormone levels in the blood quantitatively. These hormones were evidenced by adrenalin and dopamine as well as adrenergic receptor positive lymphocytes. The final subject was to confirm and compare the effect of hot spring hydrotherapy and other menu. The reproducible effects were expressed by the linear slant and could compare each other with the value of slope. We tried to discuss the advantage and demerit, how we can compare each medicine with the peripheral leukocyte in number and function.

Thermo-hydro-mechanical (THM) coupled simulation of the land subsidence due to aquifer thermal energy storage (ATES) system in soft soils

Aquifer thermal energy storage(ATES)system has received attention for heating or cooling buildings.However,it is well known that land subsidence becomes a major environmental concern for ATES projects.Yet,the effect of temperature on land subsidence has received practically no attention in the past.This paper presents a thermo-hydro-mechanical(THM)coupled numerical study on an ATES system in Shanghai,China.Four water wells were installed for seasonal heating and cooling of an agriculture greenhouse.The target aquifer at a depth of 74e104.5 m consisted of alternating layers of sand and silty sand and was covered with clay.Groundwater level,temperature,and land subsidence data from 2015 to 2017 were collected using field monitoring instruments.Constrained by data,we constructed a field scale three-dimensional(3D)model using TOUGH(Transport of Unsaturated Groundwater and Heat)and FLAC3D(Fast Lagrangian Analysis of Continua)equipped with a thermo-elastoplastic constitutive model.The effectiveness of the numerical model was validated by field data.The model was used to reproduce groundwater flow,heat transfer,and mechanical responses in porous media over three years and capture the thermo-and pressure-induced land subsidence.The results show that the maximum thermoinduced land subsidence accounts for about 60%of the total subsidence.The thermo-induced subsidence is slightly greater in winter than that in summer,and more pronounced near the cold well area than the hot well area.This study provides some valuable guidelines for controlling land subsidence caused by ATES systems installed in soft soils.

Systematic review and meta-analysis of the research on the relationship between TCM constitution type and non-alcoholic fatty liver disease

Objective:Through literature research,the distribution of TCM constitution of nonalcoholic fatty liver(NAFLD)was discussed,the common constitution types of the disease were determined,and medical evidence was provided for the prevention and treatment of NAFLD by traditional Chinese medicine.Methods:The literatures on the correlation between NAFLD and TCM constitution published in domestic journals from the database establishment to April 2020 were searched with"non-alcoholic fatty liver disease and TCM constitution"as the search term,and screening,quality evaluation and data extraction were conducted according to the na exclusion criteria.Statistical software stata16.0 was used for meta analysis of the included literature.Results:Sixteen studies were included.The results showed that the proportions of TCM constitution types and 95%CI of NAFLD patients were phlegm-dampness0.28(0.24,0.31),moisture-heat0.16(0.13,0.20),qi-asthenia0.13(0.10,0.16),qi-stagnation0.11(0.06,0.17),qi-stagnation0.08(0.06,0.10),yi-stagnation0.08(0.06,0.10),yi--stagnation0.08(0.06,0.10),blood stasis0.07(0.04,0.08),yang-asthenia0.06(0.04,0.08),and special report 0.02(0.01,0.02).Conclusion:The common constitution types of patients with nonalcoholic fatty liver are phlegm-dam-pness,damp-heat,q-asthenia,and mild,especially phlegm-dampness,which are most closely related to nonalcoholic fatty liver.

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.