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姜紀元(Jang Ji-Yuan) 한국비교공법학회 2004 公法學硏究 Vol.5 No.2
We may divide Chinese history into three steps according to the social and economic situations since the establishment of the People's Republic of China. Those are the Restoration of wealth, the Cultural Revolution, and the Reform and Open time. Each the time, They have the economical characters. And they are closely connected with each constitution. This paper shows the relationship between economical situations and constitution and also their changes. Since 1966 the Cultural Revolution of China was in the middle of chaos itself for 10 years. But with Mao Zedong's death, the Cultural Revolution finished. During that time, economy collapsed. The Reform and Open began in the 1978. Since that time, the character of economy has changed in quality. It made chinese economy wealthy and progressive. China have developed most for 50s years after her establishment. In 1982, the current constitution was established for the adaptation of the political and economical situation. And then it has been three times of the constitution's revision. The revisions were connected with the social and economical paradigm of china. China had been the planned economy system. But Reform and Open made China to be the market economic. And it means that China chose the mixed economy system. For the establishment and three times' revisions of constitution, China accepted a lot of things as economic subject in addition to government. Under the established constitution, communism and nationalism also were the main current. With constitution having been amended, the characters of capitalism and liberalism have been chosen. China has been developed in the area of society and economy, according as the constitution has changed.
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강기원(Jang Ji-Yuan) 한국비교공법학회 2003 공법학연구 Vol.4 No.2
The history of Chinese Constitution has reflected the process of chinese social and political development like other countries. China has passed through the processes of several amendments of constitution for only one century, each has its own historical and political backgrounds. This paper analyzes the relationship between the modern history and constitution in China and outlooks the frame and changes of existing Constitution. The first enactment of Constitution of the People's Republic of China changed an anti-colonial and anti-feudal society into an socialist society. The construction of socialist system changed the traditional constitution structure of China basically, so that it was different from not only those of democratic countries but also those of China that had been made before. According to the preamble of 1954 Constitution, after waging hard, protracted and tortuous struggles, armed and otherwise, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat capitalism, won the great victory of the new-democratic revolution and founded the People's Republic of China. Thereupon the Chinese people took state power into their own hands and became masters of the country. In the 1970s, China was faced with the caos for 10 years due to the Cultural Revolution. But with Mao Zedung's death, the Cultural Revolution era came to an end. To make up for lost time and wasted resources during the era, China's leaders initiated China's second revolution--a comprehensive economic modernization and organizational reform program. Therefore the 1978-Constitution was carried by the First Plenum of the Chinese Communist Party's Fifth National Party Congress in May 1978. This Constitution, called the Four Modernizations Constitution, represented the construction of the great socialist society through the Modernization in Agriculture, Industry, Army and Technology. So the goal of government was converted from the struggle of classes to the construction of socialism with modernization. After the passage of the 1978 Constitution, China had changed in political, economical areas dramatically. While accelerating the development of the system in the leadership and economics, the 1978 Constitution couldn't satisfy the need for the development. Moreover it didn't be suited to the on-going reform of economics and the Open Policy. It resulted in the birth of the 1982 Reform and Open Constitution. Although it has been amended three times after then the ideology of reform and open in the Constitution has been continued until now.
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