중국 2018년 개정 헌법의 특징

The four core aspects of the constitutional revision of China in 2018 are Xi Jinping Thought, one person regime, one party dictatorship, and anti-corruption innovation. By designating 'China-style socialist thought in the new Xi Jingping era' as the new leading ideology in the Preface of the Constitution, Xi has risen to the level of top leaders who registered their names in the constitution along with Mao Zedong and Deng Xiaoping. 'Xi Jinping Thought' is the development of 'Mao Zedong Thought' and 'Deng Xiaoping Theory' based on a wider category of Marx-Lenin Thought. It is observed that the elimination of two-term limit for president can expand the 'key-man risk', bad effects of power concentration to a single person. It is evaluated as 'retrogressive amendment of constitution' which returns the semi-horizontal round-table-type oligarchic dictatorship established by Deng back to the vertical pyramid-type one-person lifelong rulership of Mao era. Article 1, Clause 2 of the Constitution which was newly inserted to express the ruling principle of the Chinese Communist Party is the 'Xi Jingping-style one' which had not been in previous Chinese constitutions, not to mention those of other former socialist countries. It is a malignant retrogression in view of the Western constitutional theory which regard the plural party system as the basic order of the constitution. But, in Chinese style socialist constitutional theory, it can be positively evaluated as the realization of 'ruling country according to constitution' principle where the rulership of political party over the state is stipulated by the constitution. The revision of converting the inspection agency which had monitored anti-corruption innovation within the Communist Party into a constitutional institution called 'State Inspection Committee' can be evaluated as a benign revision we Koreans can refer in revising its constitution or laws, given that Korea is on the critical point of power abuse and graft.