중국의 반부패 조직기구와 법률체계를 통해 본 법치주의

Since the late 1990’s China has made efforts to keep up with the rule of law by trying to institutionalize anti-corruption laws. This study intends to investigate the stage of Chinese rule of law through the operation of the anti-corruption organization and the legal system run by the government and its ruling party. For the specific content of analysis the paper focuses on three aspects; (1) the anti-corruption organizations of the government-ruling party and judicial institutions; (2) understanding the relation between the Discipline Committee and the prosecution; (3) looking into the legal system of anti-corruption laws. Research results indicate that the anti-corruption organization is controlled under the government-ruling party and the judicial branch while the Discipline Committee of the Chinese Communist Party is at the top. The relationship between the Discipline Committee and the provincial council and the prosecutor’s court forms a dependable relationship. The anti-corruption laws are replaced by other legal systems, and the ruling party’s rules have the highest authority. Accordingly, what is acknowledged through the level of the rule of law of China’s anti-corruption legal system is that it represents a combination of the ruling party’s rule and system. Therefore, in order to achieve a democratic society through the realization of the rule of law, expansive progress of reforming the legal system seems to be in demand.