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김용화 호남대학교 1997 호남대학교 학술논문집 Vol.18 No.3
The governmental forms of modern free democracies are classified roughly into the presidential system, the parliamentary system and thecompromise system. The government of the U. S. is characterized as the presidential system under the doctrine of separation of powers, or checks and balances. This article describes the origin and development of the presidency of the U. S. is analyzed. Especially, how the presidential system under the “checks and balances.”was adopted in the Constitutional Convention in 1787, and later development of status and power of the president in the American government are described in details. In chapter Ⅵ, current controversies on the presidential government in the U. S. is reviewed. Problems such as “divided government” and "too frequent elections" and "federal system" are analyzed. Though the present system has many defects as were contended by reformists. it is also true that there is nofail-proof alternative, and any reform is difficult to bring due to the difficulty of constitutional amendment. Our country has been operating the presidential system during about five decades since its founding until the Sixth Republic, except the Parliamentary system for the Second Republic. But it is not the true presidential system so much as the presidential system seasoned with the parliamentary factors. Probably the most curious fact in Korea is that though past experience in presidential government system only turned out to be failure, most people of Korea still adhere to the presidential system.
金龍華 湖南大學校 1987 호남대학교 학술논문집 Vol.8 No.1
The Study of East European Socialist States hitherto seems to be of less intersted, because of geographical distance and because of no practical necessity. Nowadays, Republic of Korea tries to increase its trade with these socialist states and maintain friendly relations with them. The scope of theis Study is limited to inquiry into general theory of the constitutions in the communist atates and analytical examination of the existing constitutions and their constitutional laws, which are expected to serce to understanding the existing systems and the true pictures of their life as well. The introductory section of the constitutions of these contains one or two chapters dealing with basic priciples of thepolitical, economic orders. All constitutions in the East European Socialist States contain elaborate statements on fundamental rights of the citizens, characteristically couped with provisitions concerning their duties toward the state and the community. The guarantee of the civil fights is hedged in by the fubber clause that they are guaranteed "on the basis of the reconciliation of theinterests of the individual and the socialist society giving priority to the general interest"(Albania), "in the strengthening and growth of socialist society" (Czecho) and "in harmony WIthy the interests of the socialist society"(Hungary). The communist system preaches and practices the primacy of the collectivity over the individual. Instead of being "inalienable" in human nature, rights and liberties are created adn granted by the socialist order. Their extent exercise are determined in conformity with the interests of the communist party. The supreme organs of state administration in East European Socialist States are the People's Assembly (the Diet, the National Assembly, the Federal Assembly), the Council (the Presidium of the Federal Assembly, the Presidium of the People's Assembly) and the Council of Ministers (Government). The National Assembly is a supreme representative body whcih expresses the will of the people and their sovereignty. The National Assembly is a supreme body of state power. (The People's Assembly is the supreme organ of state power, the bearer of the sovereignty of the people and the state and the sole law-making organ) The State Council(The Presidium of the People's Assembly) is a superior organ of the state power with permanent activity. itis responsible and reports to the National Assemlbly (the People's Assembly). The Council of Ministers (Government) shall be the supreme executive and administrative organ of state authority. The Council of Ministers shall be responsible and accountable for its work to the Diet (the National Assembly). There are the People's Councils, the local organs of the stte power and state administration, which carry out the governing of the contry in the respective territorial administrative units, with the broad participation of the working masses. Besides, the People's Courts are the organs which administer justice, it protect the socialist juridical order. But all state organs in the these states are co-ordinated and directed by the president of the communist party. Regarding the formative principle of governmental structure, the socialist constitutions provide the priciple of "Democratic Centralism". In these states, there is a wide gap between constitutional norms and actual practice. Finally, we realize that the constitutioans of East European Socialist States represent only ruling measures of governmnet and they scarcely have connection with human dignity and rights of individuals.