중국 헌법 전문의 역할과 특징에 대한 약간의 고찰 -주요국 헌법 전문과의 비교를 중심으로-

The full text of the Constitution contains how the Constitution was established and basic principles. Due to the historical background of the national community and the content of the ideological declaration, it contains a political narrative and has a complementary character to the parts that are difficult to define in the text by referring to the overall direction and orientation of the constitutional text. The full text of the Constitution declaratively represents the background and basic principles of the Constitution. Due to the supreme normative nature, one of the essential characteristics of the Constitution, the full text of the Constitution should inevitably be considered to have the highest normative nature. There is an argument that it is simply a symbolic declaration, but I think the interpretation should not show a fundamental difference from the text unless there is any content that excludes normative power in the interpretation of constitutional provisions. The Chinese Constitution and preamble have a characteristic that is more political than the constitution and preamble of any country. These symbolic and declarative contents can lead to controversy over whether they can be applied as a standard for resolving state action and social disputes. It would be desirable to secure the function of the constitution and the constitutional structure to secure the politics and normative of the constitution at the same time. In order for the full text of the Chinese Constitution not to be limited to simple declarative and decorative sentences, the interpretation of the Chinese Constitution must be actively carried out, and the accumulation of its role as such a grounding clause will eventually strengthen the full text of the Constitution and the structure of the Constitution.