Chinese Constitution Research Articles

Judicialization of the Chinese Constitution Revisited: Empirical Evidence from Court Data

With the repeal of Qi Yuling (齐玉苓) vs. Chen Xiaoqi (陈晓琪) in 2008, China’s judicialisation of the constitution seemed to have officially ended for the time being. The application of the Chinese constitution has since been banned from judicial practice, while legal disputes that would entail a constitutional argument had nevertheless continued to be argued before Chinese courts. This Article is based on a study of more than 900 court cases between the years of 2014 and 2016 retrieved from the China Judgements Online (中国裁判文书网) database, in which judges referred to the constitution for their legal reasoning. In this article, I will demonstrate the mechanism and effects of this low-key constitutional jurisprudence in three different case groups that depict different understandings of the constitution at the local level.

Perspective of the Legal Basis of NPC’s Discussion and Decision-making Power on Major Issues

The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws. However, in practice, the implementation of the power of deliberation of major issues by local people's congresses is worrying. By applying the theory of Chinese traditionalism and unity in the theory of law, the theory of “sovereignty in the people” in the social contract theory of Western natural law school, Austin's “legal command theory” in Western positivist law and Hart's “recognition” “Rules theory” to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution. At the same time, the existence and operation of the law always reflects the development of the political system. The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system, and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.

Chinese Medicine body constitution of community-dwelling stroke patients in Hong Kong

The artificial urinary sphincter (AUS) is not used extensively in the treatment of female urinary stress incontinence (USI) due to the poor reproducibility of the techniques used. We describe a new approach to laparascopic implantation, of which dissection of the vesicovaginal space is an essential step. This enables an approach under direct vision to the posterior surface of the bladder neck.We present two cases where this approach was used. A transperitoneal approach was made in the Trendelenburg position. The main steps were: creating the vesicovaginal space until identifying the bladder neck, creating two laterovesical spaces, communicating these with the vesicovaginal space, and dissecting the anterior surface of the bladder neck, attempting to preserve the pubovesical ligament. The cuff and reservoir were inserted through the 12 mm infraumbilical trocar. The connections were externalized through a left suprapubic incision and a subcutaneous tunnel created up to the labia majora where the activation pump was placed. The procedure was completed with closure of the peritoneum. It is essential to use a vaginal valve to facilitate dissection.Surgery time: 140 and 135 min, with no intraoperative complications. After removing the urinary catheter, one patient had elevated postvoid residual urine volume, which was managed conservatively. Hospital stay: 72 h. At 3 and 9 months the patients were fully continent.We present the preliminary results of laparoscopic implantation of an AUS through a vesicovaginal approach to the posterior surface of the bladder neck, which might reduce potential complications that have been observed after the routine techniques.El esfínter urinario artificial (EUA) no está extendido en el tratamiento de la incontinencia urinaria de esfuerzo (IUE) femenina debido a la baja reproducibilidad de las técnicas empleadas. Describimos un nuevo abordaje de implante laparoscópico, cuyo paso fundamental consiste en disecar el espacio vesicovaginal. Esto permite una aproximación bajo visión directa a la cara posterior del cuello vesical.Presentamos dos casos realizados con esta aproximación. Se realiza un abordaje transperitoneal en posición de Trendelenburg. Los principales pasos son: creación del espacio vesicovaginal hasta identificar el cuello, creación de dos espacios laterovesicales, comunicación de los mismos con el espacio vesicovaginal y disección de la cara anterior del cuello intentando preservar el ligamento pubovesical. El manguito y reservorio se introducen a través del trocar infraumbilical de 12 mm. Por una incisión suprapúbica izquierda se externalizan las conexiones y se crea un túnel subcutáneo hasta el labio mayor, donde se coloca la bomba de activación. Finaliza el procedimiento con el cierre del peritoneo. Es fundamental la utilización de una valva vaginal para facilitar la disección.Tiempo quirúrgico: 140 y 135 min, sin complicaciones intraoperatorias. Tras la retirada de la sonda vesical una paciente presentó residuo posmiccional elevado que se manejó de forma conservadora. Estancia hospitalaria: 72 h. A los 3 y 9 meses, las pacientes presentaron continencia total.Presentamos resultados preliminares de implante laparoscópico de EUA mediante la aproximación vesicovaginal a la cara posterior del cuello, que podría disminuir las potenciales complicaciones observadas con las técnicas habituales.

The Chinese Approach to the Liberal Concept of Human Rights

The contemporary discourse regarding Human Rights in China is highly polarized and controversial. Whilst the Chinese constitution declares that “the State respects and preserves human rights [1]”, the Western governments do not agree on its theoretical interpretation nor implementation. Simultaneously, the project of liberal democracy and multiculturalism in the West is being questioned. The working theory of this research focuses on the main legal framework of the PRC and its practical and theoretical approach to the liberal concept of human rights.

EDUCATIONAL POLICY FOR ETHNIC MINORITIES IN CHINA

The People’s Republic of China (PRC) is a unified country with multi nationalities. Besides the Han nationality, there are 55 other nationalities. Since the founding of the PRC, China’s ethnic minorities have enjoyed preferential treatment and policy privileges. The policies have had a great impact on many aspects of the lives of ethnic minority individuals, covering from family planning (exemption from minimum marriage age and one-child strictures), employment (incentives for hiring and promotion of government officials), business development (special loans and grants, exemption from some taxes), to political representation. In education, they include preferential admissions, lowered school fees, boarding schools, and remedial programs (Sautman, 1999). The Chinese government has given priority to the development of ethical education in the minority areas, based on a consideration of the special natural, historical and social situations in the development of ethnic education (Wang, 2007). The PRC has paid much attention to the development of education for ethnic minorities. The Chinese Constitution, the Law regarding Ethnic Regional Autonomy and the Law regarding Compulsory Education of the PRC contain clauses that clearly stipulate principles for supporting and helping the ethnic minority populations develop education.

The hippocampus underlies the association between self-esteem and physical health

Self-esteem refers to the extent to which we feel positive or negative about ourselves, and reflects an individual’s subjective evaluation of personal worth and attitudes about the self. As one kind of positive psychosocial resources, high self-esteem has been found to buffer the effects of stress on physical health. However, little is known about the possible neural basis underlying the association between physical health and self-esteem. In the present study, we investigated whether the hippocampus served as a neuroanatomical basis for the association between self-esteem and physical health in a large population of healthy young adults. We examined self-esteem and self-reported physical health with the Rosenberg Self Esteem Scale (RSES) and the Chinese Constitution Questionnaire (CCQ) respectively, and gray matter volume of the hippocampus was measured using magnetic resonance imaging. As expected, we found that individuals with higher levels of self-esteem had better self-reported physical health. Importantly, the mediation analysis showed that the gray matter volume of the hippocampus mediated the link between self-esteem and physical health, suggesting its critical role in the neural circuitry through which self-esteem is related to physical health.

Main Contents and Evaluation of Amended Chinese Constitution in 2018

Main Contents and Evaluation of Amended Chinese Constitution in 2018

Body constitution and dysmenorrhea: a study on university students in Malaysia

Dysmenorrhea is a common gynecologic condition among women. The relation between the menstrual pain and the Chinese medicine body constitution had never being studied in Malaysia, especially among students in higher education institute. In this study, a survey was carried out to analyze the relationship between the occurrence of dysmenorrhea among female students and the Chinese medicine body constitution. A cross-sectional descriptive was conducted on 201 female students. The information were obtained via questionnaires. The result analysis indicated 80% of the respondents experienced dysmenorrhea, with 79.6% of them had biased constitutions. The top three biased constitutions in the dysmenorrhea group were qi deficiency constitution, qi stagnation constitution, and yin deficiency constitution. Through this study, the relation between dysmenorrhea and the biased Chinese medicine body constitution was confirmed.

What makes the Chinese Constitution socialist?

What makes the Chinese Constitution socialist?

Clinical female nurses' five-tone distribution and analysis of traditional Chinese medicine constitution

Objective To explore the five-tone distribution of clinical female nurses and the constitution of Traditional Chinese Medicine (TCM) . Methods Totally 300 clinical female nurses from a Class Ⅲ Grade A hospital were selected. Zhiji Wenyin identification evaluator (KY3H) was used to identify their five tones, and the TCM Constitution Classification and Identification Scale developed by China Association of Chinese Medicine was used to identify their TCM constitution. The five-tone distribution and TCM constitution were compared between the nurses with different ages, job categories and shifts. Results The tones of Jue, Zhi and Yu accounted for 39%, 34% and 21.4% respectively of the five-tone distribution in the 300 clinical female nurses. Divided by age, the tone of Yu was more often found in the younger group, while the tone of Jue had a larger share in the older group (χ2=13.014, 4.719; P<0.05) . The tones of Yu and Jue were more often found in the night shift group than in the day shift group (χ2=5.902, 3.985; P<0.05) . As for the TCM constitution, the mildly, yang-insufficiency, qi-stagnation and damp-heat constitutions accounted for 31.33%, 21.67%, 11.67% and 11.00%, respectively. The nurses in the internal medicine group showed a higher proportion of qi-stagnation and blood-stasis constitutions than the nurses in the surgery group (χ2=6.478, 5.902; P<0.05) . The nurses in the day shift group showed a higher proportion of mildly constitution than the nurses in the night shift group, while the nurses in the night shift group showed a higher proportion of qi-insufficiency constitution than the nurses in the day shift group (χ2=6.210, 5.270; P<0.05) . The tone of Zhi had the largest share in the nurses with the qi-insufficiency constitution (P=0.002) , while the nurses with the qi-stagnation constitution had the least share among the nurses with the tone of Yu (P=0.045) . Conclusions The characteristics of five-tone distribution and TCM constitution of clinical female nurses may be affected by their age and job category. Key words: Nurses; Five tones correlated with five zang viscera; Constitution identification; The Canon of Internal Medicine

Introduction

Introduction Bhubhindar Singh (bio) This Asia Policy roundtable grew out of the workshop "Contesting Visions of Regional Order in East Asia" convened in November 2017 in Singapore by the Regional Security Architecture Programme—a research unit of the Institute of Defence and Strategic Studies at the S. Rajaratnam School of International Studies (RSIS). This workshop focused on the very important and much discussed topic of the evolving East Asian regional order. It considered the various visions of this order and analyzed the responses from regional states. A common view within the academic and policy communities of East Asia is that the region is in a period of transition. While one could argue that this is a perennial feature of any regional order, the current transition in East Asia is unique in its own right. This is due to the fast-changing developments in the region that have escalated tensions and uncertainty. Some of the issues that contribute to this negative scenario are growing competition between the United States and China, increasingly strained relations between China and Japan, North Korea's significant progress in its nuclear and ballistic missile programs despite international sanctions, and the fracture and disunity, perceived or real, within the Association of Southeast Asian Nations (ASEAN). Though the rise of tensions from these issues could be explained in a variety of ways, it is critical to note that these strategic challenges have escalated in seriousness under the specific condition of a transitioning East Asian order. One could argue that the common cause of these issues is the weakening or decline of the aging U.S.-led regional order. The U.S.-led regional order, which is defined by several features, including the hub-and-spoke system of alliances, has been an important source of stability since the end of World War II. During the Cold War, it overcame the challenge posed by Communism and brought economic progress to East Asia. This U.S.-led order continued into the post–Cold War period, during which the United States was the sole superpower. The U.S. economic, political, and strategic presence in East Asia has evolved through the expansion of strategic partnerships with East Asian states; greater engagement in multilateral political, economic, [End Page 2] and security arrangements (such as the East Asia Summit and the ASEAN Defence Ministers' Meeting-Plus); and the strengthening of the network of bilateral alliances. However, this order is increasingly strained, especially in the post-2010 period. Some have even argued that U.S. primacy has ended, and we are ushering in a new world order in which China's leadership will expand.1 The arrival of Donald Trump in the White House has hastened the collapse of Pax Americana through the implementation of "America-first" and anti-globalization policies and the questioning of the value of the U.S. alliances with Japan and South Korea. China has emerged as the main potential challenger to the U.S.-led order.2 Though it has benefited from the U.S.-led postwar order, China is widely believed to desire an alternative order that would allow it to pursue its interests as an emerging power unhindered by existing rules and norms. This push is visible in China's efforts to launch the Belt and Road Initiative and the Asian Infrastructure Investment Bank under the strong leadership of President Xi Jinping—a leader who has enshrined his name in the Chinese constitution alongside Mao Zedong and Deng Xiaoping. In the completed 19th Party Congress held in October 2017, President Xi announced that China is on the path of being a "great modern socialist country," and "a global leader in terms of composite national strength and international influence" by 2050.3 With bold initiatives supported by strong leadership and vast amount resources, it is not far-fetched to argue that Beijing will achieve its goal of building a Chinese-led order in the near future. However, the picture of the evolving regional order is more complex than the situation described above. Much about the U.S. and Chinese approaches toward the East Asian regional order, as well as these countries' attitudes toward each other's role in the region...

The Political Legitimacy of the Communist Party of China From the Perspective of Constitution

The Communist Party of China’s political legitimacy is a result which is based on its unique advanced and excellent quality, combines the basic principles of Marxism-Leninism with the concrete practice of China, and gains the support of Chinese people because of leading Chinese people to overthrow the reactionary rule to establish a new completely people's political regime and putting forward the line and route which conform to the development direction and requirement of Chinese social history. That is to say, this is the objective result of the Chinese people's sincere choice and commitment, and then confirmed in the national Constitution, which condenses the fundamental will and interests of the Chinese people. The process of Chinese Constitution establishment and the Constitution’s ideas and norms, both of them provide sufficient legal basis for the political legitimacy of the Communist Party of China. In that way, the continuation of the Communist Party of China’s political legitimacy-leadership and governance-must adhere to the rule of Constitution.

Constituição, constitucionalismo e efetividade na China: ilações entre cultura tradicional, práxis política e discurso constitucionalista no contexto chinês

O presente artigo constrói uma comparação entre o discurso nomológico oficial da Constituição chinesa vigente e as diferentes abordagens sobre o papel da Constituição e dos direitos humano-fundamentais desenvolvidas pelos constitucionalistas chineses. Parte, como principal estratégia metodológica, da configuração de uma amostragem de obras construídas na literatura jurídica chinesa sobre a Constituição e os direitos humano-fundamentais naquele país. Ademais, incrementa-se a análise a partir da reflexão sobre a influência das diferentes tradições políticas e culturais chinesas nas igualmente diferentes perspectivas do constitucionalismo chinês contemporâneo. Como principais resultados verifica-se não só a existência de posições conflitantes na cultura constitucional chinesa como a presença majoritária de uma abordagem pragmática e utilitarista do discurso dos direitos humano-fundamentais e de uma primazia tanto das dinâmicas políticas, como econômicas, sobre as balizas constitucionais, que ainda possuem na China pouca capacidade vinculativa ou dirigente.

Study on the distribution of Chinese medicine constitutions of hypertension complicated diabetes in Xianyang

Objective To investigate the distribution of TCM Constitution in hypertensive patients with diabetes mellitus by means of cross-sectional study. Methods A total of 150 hypertension patients from Shaanxi university of traditional Chinese medicine and Xianyang central hospital were selected from year 2014-2015, and were divided into two groups, including 62 patients complicated with diabetes, as the observation group; 88 patients without diabetes, as the control group. The distribution of TCM Constitution in the two groups was compared. Results The proportion of Yin deficiency constitution, phlegm dampness constitution in the observation group was relatively high, but the proportion of Qi deficiency and Yin deficiency in the control group was relatively high. Compared with the female patients, the proportion of Yin deficiency constitution, phlegm dampness constitution and blood stasis constitution of the male patients was higher, while the Qi depression constitution and the proportion of the specific physical constitution were relatively low, and the difference was statistically significant (χ2 value were 4.408, 3.723, 3.723, 3.964, 3.893, P value were 0.036, 0.044, 0.044, 0.046, 0.039). The factors like gender, age, BMI, alcohol intake, history of coronary heart disease, diet and taste preference were correlated with the physical types (B value were 1.967, 0.089, 0.017, -0.871, -0.959, -0.014, P<0.01 or P<0.05), and the taste preference and history of coronary heart disease posed a negative correlation with all types of constitution. Conclusions The types of TCM Constitution in hypertensive patients with diabetes are mainly Yin deficiency and phlegm dampness, and the patients with hypertension are the deficiency of Qi and Yin deficiency. The gender, age, BMI, alcohol consumption, coronary heart disease, and dietary preferences can influence the physical type of constitution. Key words: Hypertension; Diabetes mellitus; Physical constitution theory; Surveys and questionnaires

The Present Situation and Cause Analysis about China's Police Relations

In China, according to the relevant provisions of the Chinese Constitution and the Criminal Procedure Law: the division of labor, mutual restraint and PR curatorial supervision of the provisions of the construction of the relationship between the police. To a certain extent, such a rule will play and will continue to play a positive role, but in the course of judicial practice, the actual operation of China's police relations has emerged a series of problems. This paper discusses the current situation of China's police relations and analyzes the causes of the existing problems in China, and strives to achieve the goal of promoting the healthy development of China's judicial reform.

Graphic Shape, Constitution and Function: on the Theory of Three Planes of the Science of Chinese Characters by a Synthetic Account

The widely accepted understanding that a Chinese character has three factors, i.e., form, sound and meaning, takes sound and meaning into the account of the Chinese Graphology; this has too broad a scope. On the other hand, the view that “Chinese Graphology is in essence the study of the graphic shape” is too narrow. From my observation, Chinese characters have three properties of their own: shape, constitution and function. To start from here may in necessity attain three branches of it, that is, the study of Chinese graphic constitution and the study of Chinese graphic functions, each forming a system of its own. These three systems do not stand in parallel, nor in layers, but three independent and not severed planes of the noumenon of Chinese characters. In other words, they constitute what the Chinese Graphology should concern. This may be termed “the Three-Plane Theory of Chinese Graphology”. A dozen years of researches of ours have proved that this theory, and the study of Chinese graphic function in particular, have both important theoretical and wide-reaching practical values.

Research advance on objective classification indicators of traditional Chinese medicine constitution of health population

This article mainly elaborated around the four common categories of objective classification indicators, including constitution-gene and pathway, symptoms and signs, imaging examinations and biological indicators. We summarized advantages and limitations in all the objective classification categories, and put forward that both human secretory immunoglobulins A and salivary cortisol have the potential to be important classification indicators in constitution of traditional Chinese medicine, which might bring objective and quantitative criterion for constitution recognition and constitutional interventions in the future. Key words: Constitution; Classification indicators; Review

A Single Spark Can Start a Prairie Fire

Abstract This article examines the human flesh search (Ren Rou Sou Suo), which may be the most salient and controversial phenomenon in the Chinese cyberspace. Unlike the conventional view that treats the human flesh search as illegal or trivial, this article argues that: first, the human flesh search may indeed have some ‘bad’ aspects (eg libel and privacy infringement), but the laws we have so far are sufficient in regulating these ‘bad’ aspects without scapegoating the entire human flesh search; second, and more importantly, every human flesh search is an online free speech mass movement. It gives millions of ordinary Chinese citizens a chance to express themselves in various forms and on wide-ranging topics, and allows them to create a new and more democratic culture. For the first time, activating the long dormant Article 47 of the Chinese Constitution and creating a culture ‘of the people, by the people, for the people’ may become possible in China.

Party Norms and Constitutional Conventions

This paper considers the role of constitutional conventions in the British and Chinese constitutional orders. It challenges a growing, recent body Chinese literature that describes the modern Chinese constitution using ideas developed in the late 19th Century to describe the British constitution. It highlights ways in which these ideas are used to describe very different phenomena, then identifies certain Chinese political rules that might be described in conventional terms. In doing so, it questions assumptions about the nature of conventions in the United Kingdom. It uses the Chinese and British material to question the orthodox, customary account of conventions, which focuses on social practice. Finally, it explains why a satisfying account of conventions needs to explain why Conventions are binding, and sets out the consequences of this conclusion for either constitutional order.

Exploring Ways of Implementing International Human Rights Treaties in China

China has ratified over 20 human rights treaties. While many laws that were enacted during the reform period relate to human rights, a specific human rights law has not yet been adopted. However, a human rights law has been drafted by Chinese scholars. This article provides an overview of the contents of the Experts’ Draft and compares the substantive human rights enshrined in the international covenants with those guaranteed in the proposed law. The analysis then focuses on doctrinal questions of the interpretation and application of the human rights law in addition to its relationship with other sources of law such as the Chinese Constitution and ordinary legislation. It explores how such a law would fit into the current doctrine and practice of the domestic implementation of treaty obligations and whether the Draft can be reconciled with the official Sino-Marxist dynamic-concrete concept of human rights. The article identifies the conditions in which a dedicated human rights law can become an effective means of treaty implementation and it also examines the likeliness of ICCPR ratification and the prospects of actual human rights improvement.