Earticle

초록

영어

This paper examine the china's law-making institutions, legislative process to verify the development of rule of law in china after the enactment of the new Legislation Law in 2000. After the review, This paper will evaluate the result which china has made after the enactment of the Legislation Law in the viewpoint of rule of law.
There are three national organs with intrinsic legislative power. NPC(National People's Congress) is the supreme legislative organ in the Republic of China. The NPC has the power to enact and amend all basic laws. The NPC standing Committee has also authority to enact and amend all other laws except for those enacted by the NPC itself.
Lastly, the State Council exercises legislative power in five different ways. Under the Constitution, the State Council has intrinsic power to enact administrative regulations for subject matters within its sphere of authority. Secondly, the State Council has the power to enact administrative regulations when such regulations are required to facilitate the enforcement or implementation of laws enacted by the NPC and its standing committee. Also the State Council may be authorized by the NPC or the NPC Standing Committee directly or thorough a law to enact administrative regulations before the formal enactment. The Saste Council also has the right to draft and to submit the legislation.
The process of legislation in China is difficult to understand perfectly. First, Whether the Communist Party has played a important role in enactment of law has been in dispute. Some scholars in recent argue that the Communist Party rarely exert an influence on the specific legislation. Others until now have maintained Party Policy has some binding force in modern China. It is generally admitted that the Party have loosen the influence over the society gradually as the growing the private sector have grown especially after the economic open policy have rooted in every area of China.
Newly enacted Legislation Law enabled the citizen to participate in the legislative process through a lot of channels. But notwithstanding the Legislation Law, private sectors in China has not until grown to be ready for the task. In addition, there are too many legislative institutions to clearly explain. For the more, the State Council has the intrinsic legislative power without any relation to the Congress. Also it is necessary to point out that some China's laws are not clear and certain. China had to enact a lot of laws to regulate the situation which China had not experenced before in a short term. This have caused China's legislative institutions to make laws in a very short time. Also China intentionally enacted the laws short and abstract for the local government to be able to come up with the local circumstance.
Therefore, some law in China is inconsistent. To overcome these defect is urgent in the long road toward the rule of law. It is imperative to set up the new judicial review system in the outside of legislative institutions. To achieve the aim, it is necessary for private secters including interest groups to grow as in liberal-democracy countries.

목차

Ⅰ. 序論
 Ⅱ. 中國의 立法過程
  1. 立法機關
  2. 立法의 節次
 Ⅲ. 法治主義觀點에서 본 中國의 立法
  1. 法發見의 問題
  2. 立法의 內容
  3. 立法節次의 透明性
 Ⅳ. 結語: 규범충돌의 해결수단의 확보
 [참고 문헌]
 [Abstract]

키워드

저자

• 정철 [ Jung, Chul | 국민대학교 법과대학 교수(Prof. College of Law, Kookmin Univ.) ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  입법학연구 [Journal of Legislative Studies]

• 간기

  반년간

• pISSN

  1229-9251

• 수록기간

  2000~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 345 DDC 320