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.

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.

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.

A study on the rule of Chinese medicine use against influenza virus based on data mining

Background:To summarize the rules of the use of traditional Chinese medicine against influenza virus in the high-quality literatures of core journals,and to provide guidance for the prevention and treatment of influenza.Methods:Excel 2010 and ancient and modern medical case cloud platform(2.5V)were 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 18.0.Results:One thousand one hundred and thirty-one articles from core journals were retrieved and 135 articles were screened out,including 109 prescriptions and 170 drugs,with a total frequency of 1,655 times.The 3 most frequently appeared herbs were Gancao(Glycyrrhizae radix et rhizoma),Jinyinhua(Lonicerae japonicae flos)and Lianqiao(Forsythiae fructus).The top 3 efficacy were“Heat-Clearing(remove heat from the body surface and inside)”drugs,drugs for“Relieving Exterior Disorder(treat fever,chills and headaches caused by pathogenic substances in the air)”,and“Phlegm Relieving Cough Antiasthmatic Medicine(relieves respiratory cough and sputum symptoms)”drugs.The top 3 nature of drugs were cold,warm and flat.The top 3 flavour of drugs were bitter,spicy and sweet.The top 5 channel tropism of drugs were“Lung”,“Stomach”,“Heart”,“Spleen”,“Liver”.Association rule yields 20 drug pairs,Jingjie(Schizonepetae herba),Forsythiae fructus,Lonicerae japonicae flos,Niubangzi(Arctii fructus),Mahuang(Ephedrae herba)and Glycyrrhizae radix et rhizoma were commonly used concerted application;four new methods were obtained by cluster analysis.Conclusion:The use of traditional Chinese medicine against influenza virus has a certain regularity,which provides an important reference value for the prevention and treatment of influenza.

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”.

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.

Study on the rules of TCM syndromes and Chinese herbal medicines about IgAN based on data mining

Objective:To analyze the clinical research literatures of TCM syndromes and treatment of Immunoglobulin A Nephropathy(IgAN)on data-mining technology,and explore the rules of TCM syndromes and Chinese medication.Methods:By searching the clinical literatures about TCM syndromes and treatment of IgAN had published in China Biomedical Literature Database,CNKI Database,Wanfang Database,and Chongqing Weipu Database from January 2000 to September 2019.Strictly according to the inclusion and exclusion criteria,included documents and established the databases.Applicated of statistical software for frequency analysis of TCM syndromes,Chinese herbal medicines,and analyzed the commonly used Chinese herbal medicines by factor analysis and cluster analysis.Results:292 literatures were finally included,involving 28 syndromes.A total of 479 prescriptions and 254 Chinese herbs were used.The rules of syndromes in IgA nephropathy are as follows:the syndromes are mainly composed of Qi and Yin deficiency syndrome,followed by the Spleen and kidney qi deficiency syndrome,Liver and Kidney Yin Deficiency Syndrome,Spleen and kidney yang deficiency syndrome.The blood-stasis syndrome,damp-heat syndrome and wind-heat disturbance syndrome are accompanied by other syndrome.The characteristics of traditional Chinese medicines for IgA nephropathy is mainly composed of tonic deficiency medicines,supplemented by blood-activating and stasis-eliminating medicines,heat-clearing medicines,inducing diuresis and excreting dampness medicines and astringent medicines to combine with formulas.Conclusion:Through Data-mining method systematically summarized the rules of TCM syndromes and Chinese medication in treating IgAN and provided scientific theoretical guidance for the treatment of IgAN.

Cargo Delivery without Presentation of the Bill of Lading in Chinese Maritime Law and Practice

This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the approach established by the legal authorities and maritime courts. The necessities and causes for this risky action and possible suggestions will be considered, as will the approach of statute and judiciary. Potential and desirable reform will be discussed in light of the Rotterdam Rules. It is concluded that in order to facilitate cargo delivery, there would be a need to provide detailed legal guidance applicable to the many situations where the requisite documentation has failed to materialise.

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.

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.

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 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.

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.

On the Combination of “The Textual Research on Historical Documents” and “The Comparative Study of Historical Data” —— and a Discussion on “The Law of Quan-ma and Gui-mei” in Chinese Language Studies

In Chinese language studies, both “The Textual Research on Historical Documents” and “The Comparative Study of Historical Data” are traditional in methodology and they both deserve being treasured, passed on, and further developed. It will certainly do harm to the development of academic research if any of the two methods is given unreasonable priority. The author claims that the best or one of the best methodologies of the historical study of Chinese language is the combination of the two, hence a new interpretation of “The Double-proof Method”. Meanwhile, this essay is also an attempt to put forward “The Law of Quan-ma and Gui-mei” in Chinese language studies, in which the author believes that it is not advisable to either treat Gui-mei as Quan-ma or vice versa in linguistic research. It is crucial for us to respect always the language facts first, which is considered the very soul of linguistics.