中國法의 特徵과 法源에 關한 考察

• 영문명: A Study on Characteristics and Sources of Chinese Law
• 발행기관: 중앙대학교 법학연구원
• 저자명: 金汝善(Kim Yeu Sun)
• 간행물 정보: 『법학논문집』法學論文集 第31輯 第1號, 449~475쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.08.30

영문 초록

  Chinese legal reform became a government priority in the 1990s. The Chinese government has promoted a reform it often calls "legalisation". Legalisation, among other things, has provided the regime with a gloss of legitimacy and has enhanced predictability. There have been major efforts in the rationalisation and strengthening of the legal structure and institution building in terms of developing and improving the professionalism of the legislature, judiciary and legal profession. The basic principles of Chinese legislative drafting include generality and flexibility. Sometimes excessive generality and omissions in Chinese law, coupled with the wide discretionary powers conferred on local authorities to implement laws, undermines the predictability and certainty of law.
  After the transfers of sovereignty, Hong Kong and Macau continue to practise English Common Law and Portuguese legal systems respectively, with their own courts of final appeal. In other words, Hong Kong and Macau are outside of the legal jurisdiction of the People"s Republic of China, except on constitutional issues. This article analyzes legal system, legal collision and legal characteristics of China.

목차

Ⅰ. 序說
Ⅱ. 社會主義 市場經濟와 法
Ⅲ. 多元法制의 形成
Ⅳ. 成文法制와 法源
Ⅴ. 司法解釋과 規範衝突
Ⅵ. 結論

키워드

중국법(Chinese law) 중국 사법체계(Chinese judicial system) 사회주의 시장경제(socialist market economy) 법원(sources of law) 사법해석(judicial analysis)