중국 2015년 ‘입법법’ 개정의 쟁점 연구 - ‘법치’ 개혁의 관점에서 -

Abstract

Chinese legislative law has established itself as a basic law legislation standardizing all legislative acts in China and grown up as ‘Law of law’ and ‘Constitutional law’ by being referred as 'Midwifery law' or 'Legislative framework to manage the law'. That is, the legislative law generally governs a wide range of disciplines including comprehensive overview of China's legal system, legislatures and the legislative power, legal analysis, utilization methods, and legislative techniques. The 12th National People’s congress (hereafter NPC) was held on March 15th 2015. At the third meeting of the 12th NPC, ‘Legislative law’ being implemented from July 1st 2000 was revised. This amendment means supplement from the deficiencies of legal provisions which have been continuously raised since the legislative law enforcement. Moreover, the stronger significance is the amended legislative law reflects changes in legislative environment across various fields such as politics, economy, society, and culture of China over 15 years. The revision of Chinese legislative law is one of the important law reforms comparable to the amendment of the constitution in the area of legislation. Hence, 2015 legislative amendment can be regarded as a timely and reasonable revision in terms that it supplements many problems appeared in the process of legislative development and implementation of the rule by law in China and finds solutions to fix those problems. The key contents of 2015 Chinese revised law legislation are as follows: First, standardization of the leading role in the NPC’s legislative activities. Second, establishing the right of representation of NPC representatives. Third, standardization of delegated legislation. Fourth, expansion of the local legislative power by granting provincial rule-making power to the cities divided into districts. Fifth, more specific stipulation of statutory tax. Sixth, clarification of detailed disciplines from partial regulation to local government rules. Seventh, strengthening the registration examination system of laws. Eighth, standardizing judicial interpretation of judicial institutions. Ninth, stipulation of the legislation assessment system. According to above, as the modification consists a variety of detailed information, it is deemed to be an important milestone in the development of China’s legislation. Due to the complicated and cumbersome process ‘Rule by law’ has, if the China's leaders can maintain the law until the end by considering it as a last way is closely related to if this legislative amendment exert a substantial effect and come to be settled―without depending on a quick and easy authority at the moment of choice and conflict to the leaders. This paper chose the law as the best tool that can explain and help us to understand Today's China. Among all Chinese laws, the focused discussion here are the core issues of amended legislative law in 2015 and the law reform of Xi Jinping, which are China's central legislation.