중국의 입법 발전과 입법참여제도

Abstract

The conflicts in the legislative process have been prominent in China while different social groups express diversified voices in this plural society. Therefore, the importance of active efforts to reflect diversified interests in policy making and to resolve conflicts in legislative process is increasing. The Chinese Communist Party and the government have been trying to ascertain public interest or concern by disclosing necessary but non-critical information in advance. The legislative bodies have also become more conscious about public interest. Currently, the National People’s Congress and the Chinese Central Government actively release legislative information through media in an attempt to identify public opinion and make decisions on the major direction of legislative areas. The Xi Jinping administration newly announced comprehensive reform initiatives and rule-of-law building which is required for modernizing governance structure and capability, in the 3rd session of the 18th Central Committee in 2013. On March 15, 2015, the 12th National People’s Congress (3rd session) announced the amendment to the legislative law that had been enforced since July 1, 2000. This move was considered substantially adequate and timely because it was intended to resolve problems identified during the course of China’s legislative development and rule-of-law building. Although its communist state remains unchanged, China has stepped up its effort to strengthen ‘socialist rule of law’ by designing its legislative process in an open and transparent manner and fostering public participation actively. In particular, public participation in legislative process has considerably improved in terms of public right to know, transparency and openness. China also aims at systemizing and standardizing the legislative process, which includes legislative plan, reasoning process, hearing process, public opinion collection and evaluation, through enactment and amendment of related laws.