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The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law
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作者 ZHAI Han 《The Journal of Human Rights》 2024年第3期548-566,共19页
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 ... 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. 展开更多
关键词 human rights clause foreign-related rule of law socialist constitution constitutionalization of human rights
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Triple reverse order law for the Drazin inverse
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作者 WANG Hua ZHONG Cheng-cheng 《Applied Mathematics(A Journal of Chinese Universities)》 SCIE CSCD 2024年第1期55-68,共14页
In this paper,we investigate the reverse order law for Drazin inverse of three bound-ed linear operators under some commutation relations.Moreover,the Drazin invertibility of sum is also obtained for two bounded linea... In this paper,we investigate the reverse order law for Drazin inverse of three bound-ed linear operators under some commutation relations.Moreover,the Drazin invertibility of sum is also obtained for two bounded linear operators and its expression is presented. 展开更多
关键词 Drazin inverse reverse order law space decomposition
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Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights
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作者 刘炫麟 LI Donglin 《The Journal of Human Rights》 2024年第1期231-241,共11页
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si... On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results. 展开更多
关键词 the Universal Declaration of Human Rights a community with a shared future for mankind the rule of law protection global human rights governance contemporary Chinese perspective on human rights
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The Economic Analysis of Law as a Reference for the Grounds of Judicial Decisions
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作者 Ewerton R.Messias AndréL.C.Rosa Geilson Nunes 《Journal of Management Science & Engineering Research》 2023年第1期60-70,共11页
The present article aimed to analyze the application of the economic analysis of Law as a reference for the reasoning of judicial decisions.To that end,an analysis was carried out on the definitions of what is hermene... The present article aimed to analyze the application of the economic analysis of Law as a reference for the reasoning of judicial decisions.To that end,an analysis was carried out on the definitions of what is hermeneutics and economic analysis of law,based on the construction of the matrix rule of conduct for public administration.The method of the approach followed was empirical-dialectical,using bibliographic,legislative and jurisprudential research,having a reference to the Law and Economics. 展开更多
关键词 Economic analysis of law HERMENEUTICS Matrix rule
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The Current Situation,Problems,and Improvement Path of Rule of Law Education in Primary and Secondary Schools in Chaoshan Area
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作者 Bin Li Zhou Yang Churui Chen 《Journal of Contemporary Educational Research》 2023年第12期308-315,共8页
Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special gr... Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special group of primary and secondary school students.The research found that rule of law education in primary and secondary schools in Chaoshan has yielded positive outcomes.However,there exist problems such as uneven synergy,incomplete inclusion of teachers and students,shortage of adequately trained professional teachers,and the need for enhanced organizational support.The relevance and effectiveness of rule of law education in primary and secondary schools will be enhanced by clarifying the target tasks,enhancing the effectiveness of the classroom,creating an atmosphere of the rule of law,and strengthening organizational support. 展开更多
关键词 EDUCATION Rule of law education YOUTH Primary and secondary schools
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The Reverse Order Law for Moore-Penrose Inverse of Closed Operators 被引量:3
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作者 DU Fa-peng XUE Yi-feng 《Chinese Quarterly Journal of Mathematics》 CSCD 2013年第1期139-146,共8页
In this paper, the reverse order law for the Moore-Penrose inverse of closed linear operators with closed range is investigated by virtue of the Norm-preserving extension of the bounded linear operators. The results g... In this paper, the reverse order law for the Moore-Penrose inverse of closed linear operators with closed range is investigated by virtue of the Norm-preserving extension of the bounded linear operators. The results generalize some results obtained by S Izumino in [12]. 展开更多
关键词 reverse order law norm-preserving extension Moore-Penrose inverse
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A tentative model for the explanation of B?th law using the order parameter of seismicity in natural time 被引量:1
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作者 Konstantina A. Papadopoulou Efthimios S. Skordas Nicholas V. Sarlis 《Earthquake Science》 CSCD 2016年第6期311-319,共9页
Using the order parameter of seismicity defined in natural time, we suggest a simple model for the expla- nation of Bath law, according to which a mainshock differs in magnitude from its largest aftershock by approxim... Using the order parameter of seismicity defined in natural time, we suggest a simple model for the expla- nation of Bath law, according to which a mainshock differs in magnitude from its largest aftershock by approximately 1.2 regardless of the mainshock magnitude. In addition, the validity of Bath law is studied in the Global Centroid Moment Tensor catalogue by using two different aftershock definitions. It is found that the mean of this difference, when considering all the pairs mainshock-largest aftershock, does not markedly differ from 1.2 and the corresponding distributions do not depend on the mainshock's magnitude threshold in a statistically significant manner. Finally, the analysis of the cumulative distribution functions provides evidence in favour of the proposed model. 展开更多
关键词 Bath law . Aftershocks .order parameter .Natural time
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Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws
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作者 Zheng Tai'an Lin Min Zhang Congrong 《Contemporary Social Sciences》 2018年第2期106-117,共12页
The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of C... The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion. 展开更多
关键词 cities with subordinate districts local laws regulations of provincial governments order of precedence premises postmodern legislation
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The Criminal Law of Public Order as a Guardian of Public Interest in Terrorist Acts Scenario
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作者 Altin Shegani 《Sociology Study》 2013年第3期172-181,共10页
Promotion of a model of the criminal law of public order represents an important point of reflection in criminal law doctrine. Public order, as a juridical good, has many predispositions to be exposed to criminal acti... Promotion of a model of the criminal law of public order represents an important point of reflection in criminal law doctrine. Public order, as a juridical good, has many predispositions to be exposed to criminal activity, and in this point of view, its special protection through criminal law norms constitutes a major concern of criminal legislation objectives. Criminal legislation (as a regulatory and modifying tool within society) is an intelligent social product It is a concrete expression of the important contribution of society in ensuring qualitative and quantitative relations of the model of public order. The latter finds expression as the object of a subjective right, which cannot be divided from the affirmation made by criminal legislation as a primary juridical good. In this context, the model of public order is associated with that of protection of general interest, in the subjective sense of the right to punish (ius puniendO, implemented by state authorities. In their universal meaning, all criminal offences in one way or another affect the normal functioning of public order, but terrorist acts can violate or impinge upon public order more closely and specifically. While affecting the designated model of public order, terrorist crimes put in question the architecture of the rule of law. In response to the mechanisms of terrorist offences, two main criminalization techniques are elaborated: (1) the classical technique of criminalization; and (2] the enumerative technique of criminalization. Criminal sanctions, by which the repression of this criminal vector is carried out, aim at ensuring not only the survival of human society, but also its cardinal values and interests, as well as the technical and scientific progress. 展开更多
关键词 Criminal law public order juridical good individual freedom public interest
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Poverty Control of People with Mental Disorders in China: Based on the Perspective of Rule of Law
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作者 张博源 HU Liang(Translated) 《The Journal of Human Rights》 2020年第6期731-747,共17页
People with mental disorders are a special group that are at high risk of living in poverty China’s legal system concerning mental health is far from adequate in both theoretical and practical aspects,such as legisla... People with mental disorders are a special group that are at high risk of living in poverty China’s legal system concerning mental health is far from adequate in both theoretical and practical aspects,such as legislative concepts,institutional structure,legal norms,and targeted poverty reduction through health care The improvement of China’s legal system concerning mental health needs to focus on protecting the rights and interests of people with mental disorders and take the following measures,including the precise poverty control for people with mental disorders,addressing comprehensive empowerment,and strengthening the subjective status of people with mental disorders,promoting the"community based"model of mental health governance based on social return,improving the financing mechanism and making use of the advantages of local governance. 展开更多
关键词 groups with mental disorders targeted poverty alleviation the rule of law
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Human Rights Protection in the Context of Ruling the Country by Law
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作者 SONG HANSONG 《The Journal of Human Rights》 2013年第5期18-23,共6页
At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement th... At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement the Constitution is the primary task and the basic work in building a socialist nation ruled by law." He also said, "A country ruled by law should be first ruled by the Constitution, and lawful governance should be based on the Constitution." 展开更多
关键词 Human Rights Protection in the Context of ruling the Country by law CPC
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The Ethical Explanation of The Spirit of Western Law
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作者 陈秀萍 《海外英语》 2012年第12X期1-4,9,共5页
The order of western rule-of-law is always the sample of the construction of Chinese rule-of-law,but the spirit of western legal system,which is embodied as rule-of-law,right-equality,and rule-by-good-law,is correlate... The order of western rule-of-law is always the sample of the construction of Chinese rule-of-law,but the spirit of western legal system,which is embodied as rule-of-law,right-equality,and rule-by-good-law,is correlated inherently with certain natural and social condition.Human nature theory of naturalism,the contract-ethics,and justice are the ethical foundations of Western law,and the idea of people-oriented,whose contents includes human's homony and happiness,always acompany with the western development history of rule-of-law.We should adhere the sense that people should abide by and respect law,and the law should constitute a kind of healthy and harmony interpersonal relationships and free and creative living-style. 展开更多
关键词 Rule of law Human nature CONTRACT ETHICS JUSTICE
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“the rule of law”不能涵盖“法治”的内涵 被引量:2
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作者 莫寰 《中国青年政治学院学报》 CSSCI 2001年第2期52-54,共3页
“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... “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”。 展开更多
关键词 法治 依法治国 自然法则
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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
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作者 Gu Rongxin 《学术界》 CSSCI 北大核心 2019年第5期212-223,共12页
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 als... 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”. 展开更多
关键词 formal RULE of law SUBSTANTIVE RULE of law RULE of law QUALITY RULE of law ecology RULE of law development
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The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection 被引量:1
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作者 谷春德 《The Journal of Human Rights》 2015年第2期113-121,共9页
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... 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. 展开更多
关键词 rule of law human rights fundamental value judicial protection
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A scaling law of high-order harmonic generation 被引量:1
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作者 Wu Yan Ye Hui-Liang +1 位作者 Shao Chu-Yin Zhang Jing-Tao 《Chinese Physics B》 SCIE EI CAS CSCD 2012年第2期351-356,共6页
Using a nonperturbative quantum electrodynamics theory of high-order harmonic generation (HHG), a scaling law of HHG is established. The scaling law states that when the atomic binding energy Eb, the wavelength ), ... Using a nonperturbative quantum electrodynamics theory of high-order harmonic generation (HHG), a scaling law of HHG is established. The scaling law states that when the atomic binding energy Eb, the wavelength ), and the intensity I of the laser field change simultaneously to kEb, λ/k, and k3I, respectively. The characteristics of the HHG spectrum remain unchanged, while the harmonic yield is enhanced k3 times. That HHG obeys the same scaling law with above-threshold ionization is a solid proof of the fact that the two physical processes have similar physical mechanisms. The variation of integrated harmonic yields is also discussed. 展开更多
关键词 high-order harmonic generation scaling law harmonic yield nonperturbative quantumelectrodynamics
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Advancing the Rule of Law 被引量:1
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作者 Chang Jiwen 《ChinAfrica》 2014年第12期10-11,共2页
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 ... 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: 展开更多
关键词 Advancing the Rule of law CPC
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Approximate Solution Method of the Seventh Order KdV Equations by Decomposition Method 被引量:1
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作者 Nawal Abdullah Alzaid Bashayr Ali Alrayiqi 《Journal of Applied Mathematics and Physics》 2019年第9期2148-2155,共8页
In this paper, Adomian decomposition method (ADM) is implemented to approximate the solution of the Korteweg-de Vries (KdV) equations of seventh order, which are Kaup-Kuperschmidt equation and seventh order Kawahara e... In this paper, Adomian decomposition method (ADM) is implemented to approximate the solution of the Korteweg-de Vries (KdV) equations of seventh order, which are Kaup-Kuperschmidt equation and seventh order Kawahara equation. The results obtained by the ADM are compared with the exact solutions. It is found that the ADM is very efficient and convenient and can be applied to a large class of problems. The conservation properties of solution are examined by calculating the first three invariants. 展开更多
关键词 Adomian Decomposition Method Kaup-Kuperschmidt Seventh-order KDV EQUATION Seventh-order Kawahara EQUATION Conservation lawS
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Applying First Order Predicate to the Semantic Query of Chinese
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作者 高昊宇 俞勇 《Journal of Shanghai Jiaotong university(Science)》 EI 2004年第3期55-59,共5页
This paper described an approach to make inferences on Chinese information using first order predicate logic, which could be used in the semantic query of Chinese. The predicates of the method were derived from the na... This paper described an approach to make inferences on Chinese information using first order predicate logic, which could be used in the semantic query of Chinese. The predicates of the method were derived from the natural language using rule based LFT, the axiom set was generated by extracting lexicon knowledge from HowNet, and the first order predicate inferences were made through symbol connection of center words. After all these were done, the evaluation and possible improvements of the method were provided. The experiment result shows a higher precision rate than that traditional methods can reach. 展开更多
关键词 first order predicate semantic query inference engine rule circuit
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General Provisions of the Civil Law and Commercial Legislation: Consensus, Problems and Options——Taking Commercial Agency as an Example
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作者 Zhong Kai Ge Hongquan 《Contemporary Social Sciences》 2019年第4期75-99,共25页
In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct an... In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification. 展开更多
关键词 GENERAL Provisions of the CIVIL law GENERAL Rules of COMMERCIAL law AGENCY in DUTY COMMERCIAL AGENCY
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