중국 사회주의법치의 발전과 과제

The form of socialist legal system began in 1949 at the beginning of the People’s Republic of China. But over a decade of Cultural Revolution from 1966, the legislative system was decayed and destroyed. The reform and opening policy of China was declared on December 1978 and under the slogan of “The construction of legislative system is the construction of economy” the formation of legislative system started once again. Through the growth of China’s economy, the economic structure that was ‘planned economy’ began to divert to ‘market economy’. The constitutional reform in 1993 established the code of “The State practices socialist market economy”. The China’s legislation was developed under the circumstances of socialist market economy system. And it became increasingly important to carry out ‘rule of law’. In 1999，the constitutional reform established “The People’s Republic of China governs the country according to law and makes it a socialist country under rule of law”. Henceforth, China changed its course from ‘Legislation’ to ‘Rule of Law’ and all national administrations promoted “administering by law”. In year 2012, The National People’s Congress of Communist party resolved ‘comprehensive promotion of the rule of law’. On the base of this, extensive reform of legal system was taken place. And in 2015, ‘construction of government under law’ was brought up and currently China is actualizing the ‘rule of law’ more specifically. The execution of ‘rule of law’ from high class to bottom class is limited; hence it requires the expansion of participation of its people. In order to settle ‘rule of law’ into Chinese society, people have to change their legal mind. Furthermore, rule of law must have its own to create new culture of rule of law. These are the tasks to be handled as China intensifies the rule of law