중국 2018년 헌법개정에 대한 小考 - 연혁･주체 및 주요 내용에 대한 분석을 중심으로 -

Abstract

“「CPC proposes change on Chinese president's term in Constitution」: The Communist Party of China Central Committee proposed to remove of the expression that the President and Vice-President of the People's Republic of China “shall serve no more than two consecutive terms” from the country's Constitution.” The Constitutional Amendment became generally known from this short article of Xinhua News Agency on Feb. 25th 2018. Chinese official news agencies started to publicize some justification for the Constitutional Amendment after the article of Xinhua News Agency was published. They especially emphasized the necessity of deleting the provision that prohibits serving three more consecutive terms in a presidency. Next, the first session of the 13th National People's Congress approved the bill for the Constitutional Amendment on Mar. 11th 2018. The legislation system which allows a city divided into districts to have legislative power is stipulated in the amended Constitution. However, almost all of the clauses of the amendment to the Constitution are related to a governing structure. Particularly, the strong system enhancing a centralism such as the abolition of the term limit and the establishment of the State Oversight Committee was enacted. The meaning of the 2018 Constitutional Amendment should be reviewed on a continuous line of the constitutional enactment and amendments before. Therefore, the analysis of the changes in the main contents and normative forms within the history of the Chinese Constitution is needed. Meanwhile, in the three regions, there were tests for some systems of the 2018 Constitutional Amendment. Thus, some topics concerning this experiment should be included under this research scope. This study examines the history, the subject, and the main contents as regards the 2018 Constitutional Amendment. First, this study examines the history of the constitutional establishment and amendments. Next, this research analyzes the subject of the establishment and amendments to the Constitution. Based on this, the subject of Experiment for Constitutional Reform would be researched. Finally, this paper studies main contents of the 2018 Constitutional Amendment, especially focusing on the abolition of the term limit, the establishment of the State Oversight Committee, and granting legislative power to a city divided into districts.