중국의 헌법제도와 공산당

초록

China’s daily life and legal system, which is a written legal system, are similar to those of Korea. However, China’s ideology and state system are very different from those of Korea. As China’s identity and fundamental system, socialism is a firm constitutional principle, and the leadership of the Chinese Communist Party(CCP) is a core constitutional system. Although the Communist Party, which is a state-run organization under the Chinese Constitution, is not listed as a state body in Chapter 3 of the Constitution, the CCP ZhangCheng, which is recognized as a higher-level standard of the Constitution, stipulates the Communist Party’s state leadership. The fundamental systems of the Chinese Constitution include the leadership of the CCP, the People’s Congress, the leadership status of Marxism, and the absolute leadership of the party over the People’s Army. The fundamental system is the framework of China’s unique socialist system. The CCP’s leadership is China’s highest principle and fundamental system implemented in all areas of the country, including the constitutional system, and the CCP is the constitutional institution at the top of China’s constitutional system and state operation. Not all constitutional institutions or legal systems in China can escape from this. The same is true of the rule of law. China, which has a Party-State system, emphasizes the rule of law by elevating the rule of law to a constitutional principle in the 21st century. However, the Chinese-style rule of law, which only works under the constitutional principle of leadership of the CCP, is closer to the rule of law on the outside. The National Commission of Supervision, which became a constitutional institution due to the amendment in 2018, is also a constitutional institution to strengthen and maintain the leadership of the Chinese Communist Party. In the end, China’s purpose of emphasizing the legal rule of law and establishing a national inspection committee as a constitutional institution to strongly promote the anti-corruption movement is to further strengthen the leadership status of the Chinese Communist Party with the support of the people through the achievements of the anticorruption movement, but not to practically implement the rule of law.

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