2018년 중국의 헌법 개정과 감찰제도 개혁에 관한 고찰 - 중국식 법치의 개념을 중심으로 -

Abstract

China revised the constitution in 2018. Through this revision and a series of legislative and legal amendments, a new supervisory system will be introduced, and the investigation subject and investigation procedure for crimes of state officials will be fundamentally changed. On the one hand, the establishment of a socialist rule of law or 依法治国(rule of law) is one of the basic policies of the Communist Party of China and chinese government. The Standing Committee of the National People’s Congress has many times emphasized rule of law and governance according to constitution in its legislative interpretation about this constitutional amendment and the supervision law. Then, what does it mean by the rule of law and 依法治国 that the Chinese Communist Party and the government emphasize in the process of reforming the supervisory system? In comparison to the general ideology of the rule of law, what characteristics does the rule of law and 依法治国 understood in China have? While paying attention to these issues, this paper aims to examine China's recent constitutional revision and reform of the supervisory system, and to derive the characteristics of rule of law in China. After reviewing the constitutional amendment and the process of reforming the supervisory system, the paper concluded as follows. While emphasizing the rule of law and the supreme status of the constitution, the Communist Party of China and chinese government also asked that the Communist Party should lead the legislative process, law should reflect the interests of the people and various legislation should be justified in the name of people’s sovereignty. So, the rule of law in China is more focused on governing society through the enactment and enforcement of laws, rather than limiting and controlling government’s power through laws.