• Title/Summary/Keyword: China's Constitution

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The 19th CPC National Congress and the Development of the Chinese Constitutional System in the New Era: From the Perspective of the History of Constitutional Change (十九大与新时代中国宪制的发展 : 基于宪法变迁史的视角)

  • Wang, Jianglian
    • Analyses & Alternatives
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    • v.2 no.1
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    • pp.71-106
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    • 2018
  • The 19th CPC National Congress has a key historical significance in the development of China's constitution. It will also play a decisive role in the history of the seventy years'constitutional change in New China. XiJinping's new socialist thought with Chinese characteristics established in the report of 19th CPC National Congress will be written in the preface of the March 2018 National People's Congress's constitutional amendment. The fifth revision of 1982 Constitution will touch on many issues such as the leadership of the CPC into the constitution, the abolition of the tenure of the president, the constitutional oath system, and the reform of the national supervisory system. In addition, the constitutionality review system, the establishment of the National Security Council, the constitutional status of socialist public property and private property and the adjustment of major economic system has become a hot topic in the theory field. In the history node towards a socialist country ruled by law, the theory and practice of the China indeed have the academic ideas, value position and path model differences, which will delay the Chinese constitutional development, but also is the necessary pain in the process of moving towards the rule of law in China. Indeed, how to the development and where to go in the future of Chinese constitutionalism itself has sample value, which deserves rational attention and in-depth inquiry from Chinese and Western academics.

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Chao Medicine Treatment Combining Pattern Manifestation(Constitutional Identification, Disease Identification) with Pattern Identification (조의(朝醫) 변상(辨象)(변체질(辨體質), 변병(辨病))과 변증(辨證)을 결합한 치료)

  • Cui, Zhengzhi;Cui, Xingxie
    • Korean Journal of Oriental Medicine
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    • v.14 no.2
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    • pp.155-163
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    • 2008
  • State Administration of Traditional Chinese Medicine of the People's Republic of China lead Research on Chao medicine's Constitutional Treatment project by which could involve the following principles. First, constitution can be identified, second, constitution correlates to ones susceptibility to diseases, third, constitution can be harmonized, fourth, prescription made according to ones constitution and patterns. These ideas is originated by Lee Je-ma's theory of Four Constitution Type in "DongEuiSooSeBoWon"(Longetivity and Life Preservation in Eastern Medicine). This is much similar to currents trends of personalized medicine in western medical sciences. Therefore further developing Lee's theory would have significant value on various fields of medicine.

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A Comparative Study on Physique and Health status of Elementary School Children between Ethnic Koreans in the People's Republic of China and Kojae Area in Korea (중국 연변지역 조선족 아동의 보건의료 및 건강상태 비교 - 한국 경남 거제지역과의 비교 -)

  • Nam, Eun-Woo;Lee, Kyu-Sik;Li, Zhao-Cheng;Ryu, Hwang-Gun;Bae, Sung-Kwon;Park, Kum-Ok
    • Journal of agricultural medicine and community health
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    • v.21 no.1
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    • pp.21-45
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    • 1996
  • The purpose of this study is to compare the health status of Korean and Chosun-Jok elementary children. To accurately achieve the purpose, a survey was conducted in Yanbian area in China and Kojae in Korea during the period of June 15 to July in 1995. This survey was performed by using two survey methods. The first was the parents' survey method. It asked structured questions about their children. The second method focused on the actual health of the children. It used the collection of children's physical records in school. Guided by the school teachers, each child distributed the questionnaires to their parents. We used stratified-cluster sampling method to determine subjects. 1,083 questionnaires of 1,749 were used to analyze the data (666 questionnaires were incomplete and were not used in the analysis). Each questionnaire matched the data of their physical record. : Body Weight, Body Height, Chest-Circumstance, Eyesight, Dental Health. Using the data, we compared the BMI(Body Mass Index) the Koreans and Chosun-Jok in China. The results of this study were as follows : Comparing the general average physique of contained body height, body weight and chest circumstance of Korean and Chosun-Jok, the general physique of Chosun-Jok is inferior to that of Korean regardless of age and sex. Meanwhile, the average physical constitution of Korean compared the Chosun-Jok (i.e. eyesight and dental hygiene), revealed that the physical constitution of Chosun-Jok is superior to that of Korean without concern of age and sex. Average BMI of Chosun-Jok is lower than that of Koreans. But, it seemed that most of the students in both groups maintain an adequate health level. In the case of children from 10 to 12 years old, females are superior to males through all data contained of the body weight, the chest circumstance, and the body height. It seems that females and males have a different maximum growth age. Most of the parents preferred a good physique as a good health condition for their children. The physique of each child was affected with some variables, including the number of family members, and the educational level of the parents. According to the above results, the students' physique in Korea is superior to that of Chosun-Jok in China. But, Koreans are inferior to Ethnic Koreans in China in the students' physical constitution. In conclusion, we consider Chosun-Jok in China to maintain an adequate health level in their physique and physical constitution.

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Investigating Constitutionalism by the Five Important Officials at the End of the Late-Qing Dynasty - Focusing on Duan Fang (청말신정(淸末新政) 시기 오대신출양(五大臣出洋)과 군주입헌론의 전개 - 단방(端方)을 중심으로)

  • Cho, Se-Hyun
    • Journal of North-East Asian Cultures
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    • v.19
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    • pp.23-48
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    • 2009
  • Duan Fang's doctrine of constitutional monarchy went forward from monarchy to constitutional government based on that an establishment of constitution political structure is superior to a arbitrary rule political structure. And Duan Fang's doctrine featured limitation of monarch's authority protection of subjects' rights. He thought constitution government should be based on the establishment of constitution preparation. He believed that China need to take merit equally in the process of establishment of constitution preparation. In spite of this flexible recognition, there was not enough consideration about an ideological, social and economical basis that can make possible constitutional government operation. He had understood constitutional government system from angle of monarch's safety and the wealth and power of nation. The view was that a responsible Cabinet was for monarch's safety and the nation assembly judicature local autonomous is a system for safety of nation showed us. In his opinion, neither main task of congress is legislation, cabinet nor is the high ranking executive agency, however, he expected to constitutionalism system to become a buffing role instead of monarch. A little pure and simple thinking that open nation assembly and execute constitutional monarchy could make China powerful and wealthy might reflected urgent situation at that time.

Analysing of the recent trends on the constitution diagnosis and treatment device patents (체질진단 및 치료기기 최신 특허동향 분석)

  • Lee, Yu-Jung;Lee, Jeon;Kim, Jong-Yeol
    • Korean Journal of Oriental Medicine
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    • v.13 no.2 s.20
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    • pp.91-100
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    • 2007
  • In this paper, We tried to analyze the patent trend on constitution diagnosis and treatment related technologies. For this, constitution diagnosis and treatment related technologies divided into 16 sub-technology by the advisory committee. And we analyzed patents applied in Korea, Japan, U.S.A., China, and Europe. The 16 sub-technology consist of pulse analyzer, skin diagnosis, tongue analyzer, face and body detector, face analyzer, voice analyzer, intelligence ontology, meridian diagnosis, infrared thermography, electric stimulation, laser, high and low frequency, physical, magnetic, and ultrasound therapy. As a result we found that patents of constitution diagnosis and treatment in Korea has been growing steadily in both quality and quantity since 1980s. The number of patent the pulse analyzer and low frequency therapy are larger than others. But applied relevant international patents, marketability of the patent and Cites per Patent (CPP) index are shown to be very low. In conclusion, to occupy key original technologies of the Oriental medical device, we need to apply more patent of the whole related technology and international patents.

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A study about pattern and symbol shown in the mural painting of Koguryo dynasty's tomb (고구려(高句麗) 고분벽화(古墳壁畵)에 나타난 문양(紋樣)과 상징성(象徵性)에 관(關)한 고찰(考察))

  • Choe, Hye-Jeong
    • Journal of the Korean Society of Costume
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    • v.13
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    • pp.51-72
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    • 1989
  • In this thesis, I examined the mental, philosophical aspects and the aesthetic sense of our ancestors through the study of the patterns pictured in the mural paintings of Koguryo dynasty's old tomb. To view the mode of construction in Koguryo dynasty from present angle, the detailed analysis of the patterns was done. As a result, I could fully understand the formative consciousness of our nation. 1. I defined the process of transition of the mural paintings by putting some 70 mural aintings into the form of a diagram. 2. The cultural aspects of the mural paintings in Koguryo dynasty were characterized by the fusion of our primitive religion and Buddhism, Confucianism and Taoism which were introduced from China. From this fact, I could inferred that Koguryo people were giving off the strong desire for the faith by means of the mural paintings. Further more I found that configuration of the patterns such as religious elements. 3. The types of the patterns were classified into four types, this is, geometric type, natural type, cultural type and abstract type, Among these types, geometric type and natural type were nonsymbolic in nature but became cultured and abstracted in course of time. cultural pattern and abstract pattern got the symbolic meaning in the long run. Of all the constitution of the patterns represented in the mural paintings such as repeat constitution, left and right symmetric constitution, top and bottom symmetric constitution and rotary symmetric constitution, the left and right symmetric constitution was mainly used and some monotony of left and right symmetric constitution. The analysis of motif which was got from the mode of the patterns showed that the mixing of symbolic and nonsymbolic patterns made it possible to regard the separate symbol as compound in nonsymbolic patterns and the combination between nonsymbolic patterns ensured the understanding of other patterns in certain cases. Our ancestors made great efforts to transmit certain meaning symbolically. Also to heighten the symbolism, they drew the meangless patterns firstly and then appended meaning to those patterns secondly. Furthermore, they offered the background to the patterns comblined with symbolism, so that meaning transmission was clarified at last. As mentioned above, the patterns shown in the mural paintings of Koguryo dynasty's old tomb were characterized by natural beauty. And natural beauty was found out clearly in the form and constitution of the patterns. Therefore I concluded that our nation's religious, philosophical tradition was acted on the patterns strongly.

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Study of Relationship between China BeunJungLonChi and DongEuiBoGam BeunJungLonCh (중의 변증론치와 동의보감의 변증론치에 대한 연구)

  • Ko Heung
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.18 no.1
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    • pp.16-21
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    • 2004
  • It is different from the DongEuiBoGam(東醫寶鑑) of Korea traditional medicine that China BeunJungLonChi(中醫辨證論治) was made for the scientific and systematic assortment of China medicine. Symptom(症)is more important than symptom complex(證)in china BeunJungLonChi at DonEuBoGam. And unusual symptoms generally are diseases in DongEuiBoGam. DongEuiBoGam is emphasis on body form, temper, body color, pulse(形氣色脈) and the functional difference of organs by body form and body color. there are many problems in order to unify the theory of Korea traditional medicine by china BeunJungLonChi. I suggest that a new assortment that can combine Sasang constitutional medicine(四象醫學), Constitution-Acupuncture(體質針), and Hyungsang medicine(四象醫學) will be necessary. BeunJungLonChi : diagnosis and treatment based on overall analysis of symptoms and signs, the cause, nature and location of the illness and the patient's physical condition according to the basic theories of traditional Chinese medicine

The study on the selection of Sasang Constitution-specific herbs in 『Dongyisusebowon Sinchuk-Bon』 from TCMID and TCMSP (중의학 데이터베이스인 TCMID와 TCMSP로부터 『동의수세보원 신축본』에 제시된 사상체질별 본초 선별 연구)

  • Kim, Ji Hwan
    • Journal of Sasang Constitutional Medicine
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    • v.31 no.3
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    • pp.19-33
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    • 2019
  • Objectives The network pharmacological study on herbal remedies in Traditional Chinese Medicine (TCM) is actively being carried out based on the TCM databases such as TCMID and TCMSP. It is necessary to select Sasang Constitution-specific (SC-s) herbs from these databases in order to study the prescriptions in Sasang Constitutional Medicine. Methods SC-s herbs and their processing types listed in "Dongyisusebowon Sinchukbon" were searched from TCMID and TCMSP. Results and Conclusions 1. There were total 144 herbs (Soeum 47, Soyang 37, Taeeum 44, Taeyang 16 specific herbs) listed in "Dongyisusebowon Sinchukbon". 2. There were total 130 herbs (Soeum 43, Soyang 37, Taeeum 42, Taeyang 8 specific herbs) searched from TCMID, and total 92 herbs (Soeum 31, Soyang 30, Taeeum 27, Taeyang 4 specific herbs) from TCMID. 3. In some cases, the name given in "Dongyisusebowon Sinchukbon" was different from that in TCMID and TCMSP. It was needed to be careful during the searching process. 4. Although the processing form of some herbs could be searched, there was a significant reduction in the herbal compound information compared to the raw form. It is necessary to reconsider whether or not to use the processing form. 5. Herbal scientific names given in TCMID and TCMSP or used in China and Korea were different each other in some cases. Additional screening process among such herbs would be required based on the efficacy of herbs used in clinical field.

Development of Chinese Maritime Related Laws and Status and Interpretation in Legislation System (중국 해양관련 법령의 발전과 입법체계에서의 지위 및 해석)

  • Yang, Hee-Cheol;Lee, Moon-Suk;Park, Seong-Wook;Kang, Ryang
    • Ocean and Polar Research
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    • v.30 no.4
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    • pp.427-444
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    • 2008
  • The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Therefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared ${\ll}$Guideline of the national maritime economic development plan${\gg}$ and this is the first macroinstructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.

Conflicts and Tasks of the Right of Legal Interpretation of National People's Congress of China and the Basic Law System of Hong Kong (중국 전국인민대표대회의 법률해석권과 홍콩 보통법체계의 충돌과 과제)

  • 김준영
    • Journal of Sinology and China Studies
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    • v.81
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    • pp.227-256
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    • 2019
  • Hong Kong's protests, which began in June 2019 with Anti-Extradition Bill Protests, have already lasted for months, and the demonstrations have a significant impact on China and Hong Kong as a whole. The protests began in opposition to the Hong Kong government's revision of the extradition bill, but in substance, it has a strong nature as a test of China's "One Country Two Systems" policy. Since the establishment of the Hong Kong Special Administrative District on July 1, 1997, the primary legal norm between China and Hong Kong is the Basic Law of Hong Kong. However, conflicts of legal standards have occurred frequently due to the difference between socialism and the capitalist legal system, and there has been a continuous controversy over the interpretation of the Basic Law of Hong Kong. Moreover, the core of the legal conflict between China and Hong Kong has always been China's "One Country Two Systems" policy. This paper examined the issues related to the "Right of Legal Interpretation" of Standing Committee of the National People's Congress, the characteristics and interpretation rights of the Basic Law of Hong Kong, the direct election system of the administrative minister, the implementation of the universal suffrage, and the legislative issues of the application of Article 23 of the Hong Kong Basic Law. Furthermore, this paper also investigated the laws and systems newly introduced by China to solve these legal conflicts. The integration of the legal system of the divided state is a complicated process beyond the combination of the legal system by integrating the multiple legal systems that have separated for a long time under heterogeneous political, economic, and social networks. Moreover, the adjustment and integration of various legal systems under the premise of a single Constitution is the starting point for the actual inclusion of various fields after the unification as well as unification process and provides a basis for achieving full integration. Therefore, the unification of the divided countries should be the first step in a long journey toward becoming a practical one, not a goal itself. It is crucial to reduce trial and error and cost, and achieve stable unification in our unification process in Korea, by learning lessons from the contradictions and conflicts that appear in the "One Country Two Systems" unification between China and Hong Kong.