中國의 2004年 憲法改正의 分析

• 영문명: An Analysis of the 2004 Constitutional Amendment of the People's Republic of China
• 발행기관: 한국헌법학회
• 저자명: 장명봉(Chang Myung-bong)
• 간행물 정보: 『헌법학연구』憲法學硏究 第10卷 第3號, 449~486쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

On March 14, China adopted an amendment to the constitution clearly statmg private property rights and protection of human rights The tenth National People's Congross(NPC) passed an amendment to the Constitution in which thirteen articles in total were revised during the second meeting closed that day This is the fourth revision of the 1982 Constitution called the Reform and Opening Constitution IT was earlier amended three times, in 1988, 1993 and 1999 respectively The amendments to Constitution consist the protection of lawful private property protection of human rights Other major points of the amendment to the Constitution include, among others, expression of "respecting for and protecting human rights", institution of the guiding role of the "Three Represents" Important thought m national political and social life, expressions of coordinated development of material civilization and political and cultural progress, incorporation of the term "builders of socialism", and improvement of the land expropriation system Also included are expressions on the further clarification of the state policy toward non-public economic sectors, improvement of the social security system and the NPC's composition, stipulations on the of 13 revisions, including and the respect for and state of emergency, on the functions of the presidency and on revision of the terms of government at township level, and stipulation on the national anthem, By inserting the Three Representative Theory into the full text of the Constitution, the communist party's supporting foundation has increased as the Constitution guarantees that more capitalists can Jom the party, Drafted by the president of the Central Military Committee Jiang Zemin, the theory asserts that the Communist Party represents benefits of working farmers, private entrepreneurs and intellectuals Through these amendments, China's Constitution has more capitalistic color It retlected a reality in Which the privately-run economy accounts for 64 percent of the GDP and private businesses hire 90 percent of the working force due to reforms and opening for 25 years, The revision of the Constitution this time represents a logical outcome of China's reform and open-up drive over two decades ago, and the incorporation of the protection of private property into the Constitution will help promote China's economic and social development

목차

Ⅰ. 머리말

Ⅱ. 中國의 憲法과 改革의 基本理論 問題

Ⅲ. 中國共産黨 第16次大會 및 第16期 3中全會와 憲法改正 論議

Ⅳ. 中國의 2004年 憲法改正의 背景과 內容

Ⅴ. 中國의 2004年 憲法改正의 主要 內容別 意味

Ⅵ. 맺음말: 中國의 2004年 憲法改正의 評價와 展望

Abstract