중국의 헌법 변천사와 공민의 기본권 고찰

Abstract

The constitution guarantees the basic rights of citizens and regulates the organization, exercise, and control of state power, functioning as the fundamental law within a nation’s legal framework and holding authority as the supreme norm. It is inseparable from political power and carries a historical significance reflecting contemporary ideologies. While the establishment and amendment of a constitution are ostensibly carried out by the citizenry, the sovereign people, in reality, they are often influenced by political forces who enacts them. Consequently, a nation’s constitution can serve as a valuable resource for understanding its history. Even in socialist countries like China, there exists a constitution, namely the “Constitution of the People’s Republic of China”. In China’s early years, the “Common Program of the Chinese People’s Political Consultative Conference” acted as a provisional constitution, until the birth of the “First Constitution” in 1954. Following periods of historical turmoil such as the Great Leap Forward and the Cultural Revolution, comprehensive constitutional amendments took place. Subsequently, followed by periods of the reform and opendoor policy in policy in 1978, the “1982 Constitution”, which forms the basis of the current constitution, was passed during the Fifth Session of the Fifth National People’s Congress. After seven partial revisions, the current constitution, the “Constitution of the People’s Republic of China”, was established. China, although characterized by its socialist nature, has made efforts to guarantee the fundamental rights of its citizens by clearly stipulating the basic rights that citizens should enjoy in its constitution. However, the fundamental rights guaranteed by the constitution have also experienced considerable trials and tribulations throughout history. During the Cultural Revolution, comprehensive constitutional amendments significantly reduced the scope of the basic rights of citizens by deleting provisions on legal equality. After that, as Mao Zedong's death, the emergence of new leadership under Hua Guofeng, and the Cultural Revolution were criticized, the constitutional amendment became inevitable. At this time, the basic rights of citizens were reorganized in the revised '78 Constitution', and the rights and freedoms of citizens were restored and strengthened overall. Subsequently, through a comprehensive constitutional amendment in 1982, the stability the basic rights of citizens was achieved. In China, the right to propose constitutional amendments lies with the Standing Committee of the National People’s Congress or more than one-fifth of its representatives. Once proposed, a plenary session is convened, where a two-thirds majority of the National People’s Congress representatives is required for approval. China faces procedural challenges concerning the deliberation and promulgation processes related to constitutional amendments.