2018년 중국 헌법의 주요 개정내용과 평가

Abstract

This paper, firstly, from the sweeping revision of Chinese Constitution in 1982 to amended in 2004, takes a brief look at the key amendments, especially focus on the main contents and evaluation of amended Chinese Constitution in 2018. Through its comprehension and evaluation, we can measure that the direction of values at home and abroad that China, a socialist country, persue. The contents of the constitutional amendment are 11 items. That is, scientific thinking on development; confirmed that Xi jin-ping's new era China-specific socialist thought takes a leading position in political and social life; adjusted the overall situation of the Chinese socialist project and the goals of struggling for two hundred years; has improved rule of law and constitutional enforcement measures; the contents of the process of revolution and development are supplemented; improvements have been made to the contents of patriotic unitary front and national relations; faithfully followed the subject of peaceful diplomacy; China's Communist Party has strengthened its overall leadership; added the contents of the core values of socialism; abolished regulation on the president's restriction of consecutive terms; added the regulation on city which established district able to enact local regulations; added the regulations of the State Supervision Committee. China’s amendment of constitution in 2018, in briefly, means that the Communist Party of China has strengthened its power. To resolve new contradiction, from the perception that strengthening the leadership of the Communist Party of China is essential, furthermore, to strengthen the Party’s power present new era China-specific socialist thought, by continuing to fight corruption through the State Supervision Committee, the will to tighten the oversight of the Party and the State has emerged in the amendment of constitution. Meanwhile, compared to the establishment of the State Supervision Committee, I think that the establishment of an independent constitutional review agency is more urgent. In the course of amendment of constitution, still the people's democratic opinions are not sufficiently reflected. It is regrettable that the present amendment of constitution did not take into account the constitutional amendment procedure for democratic justice of the Constitution. New and diverse needs of the people will increase in the future, unlike the past, the social power of the people will be developed and expanded in new forms. There is still no denying the classiness or means of the law in the present national situation, to establish a “socialist rule of law with people”, continuing efforts are needed to improve the system at the national level.