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한중사회과학학회> 한중사회과학연구> 중국의 헌법 개정과 중국공산당의 헌법적 지위 변화

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중국의 헌법 개정과 중국공산당의 헌법적 지위 변화

Revision of the Constitution of China and the Change of the Constitutional Status of the Communist Party of China

김보훈 ( Kim Bohoon )
  • : 한중사회과학학회
  • : 한중사회과학연구 53권0호
  • : 연속간행물
  • : 2019년 10월
  • : 9-32(24pages)

DOI

10.36527/KCSSS.17.4.1


목차

Ⅰ. 서 언
Ⅱ. 중국의 헌법개정 방식과 개정 주체
Ⅲ. 2018년 개헌의 주요내용
Ⅳ. 중국공산당의 영도지위 강화
Ⅴ. 중국공산당의 성격과 영도 원칙
Ⅵ. 결 어

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초록 보기


						
The choice of the distribution of state power and how to exercise it is a matter of agreement of the political community. If efficient and democratic operation is guaranteed, it will certainly be understood as an improvement, but if the amendment denies their principles, fails to ensure the national interest and development of the amendment as a whole, and rather leads to the prospect of the emergence of uncontrolled state power or political power, this would certainly be perceived as ‘dogged’. It is enough to worry that the Chinese government, which emphasized the rule of law and the rule of law, may backtrack or effectively signal a withdrawal of the rule of law in what it wants to base its establishment on the National Inspection Committee, which is seriously concerned about the damage of the rule of law.
In light of the founding principles of the Socialist Revolutionary Party, it is not certain whether the Communist Party’s strengthening of leadership status is taking direction and speed in a balanced manner. Also, considering that the political assessment of the period when the separation principle between the party and the government, which had been used as a principle since the founding of the Communist Party of China, was never positive, artificial insertion of the strengthening of the status of the Communist Party of China into the constitutional regulations would not be an appropriate change in the constitutional order.

UCI(KEPA)

간행물정보

  • : 사회과학분야  > 인문지리
  • : KCI등재
  • :
  • : 계간
  • : 1738-0456
  • :
  • : 학술지
  • : 연속간행물
  • : 2003-2020
  • : 594


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1중국의 헌법 개정과 중국공산당의 헌법적 지위 변화

저자 : 김보훈 ( Kim Bohoon )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 9-32 (24 pages)

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The choice of the distribution of state power and how to exercise it is a matter of agreement of the political community. If efficient and democratic operation is guaranteed, it will certainly be understood as an improvement, but if the amendment denies their principles, fails to ensure the national interest and development of the amendment as a whole, and rather leads to the prospect of the emergence of uncontrolled state power or political power, this would certainly be perceived as 'dogged'. It is enough to worry that the Chinese government, which emphasized the rule of law and the rule of law, may backtrack or effectively signal a withdrawal of the rule of law in what it wants to base its establishment on the National Inspection Committee, which is seriously concerned about the damage of the rule of law.
In light of the founding principles of the Socialist Revolutionary Party, it is not certain whether the Communist Party's strengthening of leadership status is taking direction and speed in a balanced manner. Also, considering that the political assessment of the period when the separation principle between the party and the government, which had been used as a principle since the founding of the Communist Party of China, was never positive, artificial insertion of the strengthening of the status of the Communist Party of China into the constitutional regulations would not be an appropriate change in the constitutional order.

2중국 전자상거래법 상의 계약법제에 관한 고찰 -전자상거래 계약성립을 중심으로-

저자 : 윤상윤 ( Youn Sang Youn )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 33-67 (35 pages)

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The size of China's e-commerce market is growing, and the pace of growth is fast, and the entry barrier to foreign investors is not as high as other service sectors. However, due to the failure of the e-commerce law to regulate e-commerce, many legal disputes arose in the e-commerce process and legal risks played a negative role in the business management and investment environment.
Since e-commerce disputes have been settled by General Provisions of the Civil Law, Contracts Act, and Consumer Rights Protection Act, there has been a constant need to enact e-commerce laws that reflect the transactional or contractual characteristics of e-commerce, apart from the relevant civil law. Nevertheless, e-commerce Law of the People's Republic of China was enacted after five years of prolonged discussion and revision and has been in force since January 1, 2019.
This article focuses on the regulations related to the formation of e-commerce contracts in the recently enforced e-commerce law. The main issues are the scope and the subject, the formation of e-commerce contracts under the e-commerce law of China, and the related precedent. By analyzing the legal issues related to the formation of e-commerce contracts, in particular, this paper finally aims to provide useful implications for responding to legal risks in the process of e-commerce contracts and enhancing legal predictability.

3중국 「외상투자법」의 제정과 기술이전 강요 관행의 시정 가능성에 관한 연구

저자 : 김인식 ( Kim Insik )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 69-98 (30 pages)

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Technology transfer compulsory practices are the most important issue in US-China trade disputes. This paper analyzes how the Foreign Investment Law, which will be enacted from 2020, can improve China's technology transfer practices.
First of all, the Foreign Investment Law replaces the 3 Foreign Capital Laws, which were the legal basis for the technology transfer compulsory practice, and core laws such as the Catalogue of Industries for Guiding Foreign Investment are also being improved. This shows that China is pushing for meaningful improvements, at least on the institutional basis.
Nevertheless, even after the abolition of the 3 Foreign Capital Laws, technology transfer using a joint venture can be maintained. Despite the quantitative improvement of the Catalogue of Industries for Guiding Foreign Investment, there are questions about the qualitative improvement; which the concerns exist over the possibility of exploitation of the new national safety review system. This will be depending on the will of the Chinese government; which means that there is a possibility that no improvement will be made at all.
In the end, the possibility of correcting China's technology transfer compulsion is a positive and negative outlook.

4중국의 사회공간 문제에 대한 인식 및 주요 쟁점 고찰

저자 : 김혜진 ( Kim Hye-jin )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 99-127 (29 pages)

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In the process of examining the main theories of social space developed in the West, this study identified the process in which the interest in urban spatial research shifts from physical space to social space, and in particular the various social dynamics that lead to urban spatial change.
This study looked at how the concept of social space is recognized in China and what research has been carried out in this regard. This study also looked at the significance and limitations of this social space research in China.
This study looked particularly at the main issues of social space change in China in the context of changes in residential space, especially the differentiation of residential space by social class. This study thus derived Chinese characteristics that differ from Western social space changes by looking at the causes of social space changes in China and their development patterns.

5중국의 소프트파워 정책과 국제교육재단의 대중국 평화활동 연구

저자 : 최정석 ( Choi Jung Seok )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 129-148 (20 pages)

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In this study, in order to cultivate the people's loyalty, which is the core of the soft power policy, The results of the study are summarized as follows.
First, in the first stage of the Chinese activities from 1994 to 2000, heart, personality education, marriage, Chastity education for young people, and social service education for peace culture settlement.
Second, in the second stage of the Chinese activities from 2001 to 2012, Based on China's activities in the first stage, it can be seen that it was further divided into seven areas including happiness, education, family, tradition, purity, service activities, environmental protection and peace.
In conclusion, the International Education Foundation has developed a program that includes soft power policies that emphasize traditional traditions such as the dissemination of Confucius Institutes by the Chinese government, Environmental protection, peace, and so on, as well as contributing to world peace a little bit.

6中国税收滞纳金制度现状分析及发展研究

저자 : 汪小龙 ( Wang Xiaolong ) , 남은영 ( Nam Eunyoung )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 149-180 (32 pages)

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The collection of late tax filing charges is one means of increasing tax revenues. At present, due to the unclear start and end periods of late tax filing charges, its function has changed from encouraging taxpayers to repay their tax arrears as soon as possible to becoming the main source of conflict between tax authorities and taxpayers. This paper engages in a preliminary discussion on the improvement of the late tax filing charge system, including such aspects as sorting out the legal nature of late tax filing charges, setting up a clear collection method for late tax filing charges, establishing a system that's integrated with other jurisdictions, and strengthening the advocacy of tax delay charges by tax authorities and administrative departments.
This paper is structured as follows: The introduction provides a general overview of the topic's background, clarifying questions and methods of research. The second section clarifies the difference between late tax filing charges and administrative late fees, defining the boundary between several related concepts and revealing some normative problems. The third section discusses the creation of the late tax filing charges collection system.
In combining the first chapter's question and the second chapter's analysis of theory and practice, we put forward some suggestions to improving the tax delay charge collection system. Combining the perspective of comparative law, aimed at the settlement of disputes over the collection of late tax filing charges, this paper elaborates on how to strengthen the publicity of late tax filing charges by tax collection and administration departments as well as the creation of specialized tax courts. The conclusion traces the collection of late tax filing charges to the theoretical issues of tax collection and management, summarizing the significance of the late tax filing charge system in promoting the improvement of the tax system.

7미국과 중국의 경제구조와 무역 갈등

저자 : 고정식 ( Jeongsik Ko )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 181-208 (28 pages)

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This paper attempts to find out that trade conflicts between the US and China are apparently caused by the US's trade imbalances with China and the accumulation of trade deficits, but the main cause is the difference in economic structure between the two countries. Moreover, the trade imbalance between the US and China is a structural problem caused by the differences in industrial structure. It is not Issues that cannot be resolved by trade negotiations in short term, including temporarily purchases of certain commodities such as aircraft and agricultural products, a significant increase in tariff rates on imported and exported goods, or adjustment of exchange rates.
I would like to suggest that the problem of trade deficit that the United States is currently experiencing is a long-standing problem of domestic and international division of labor, the formation of a global value chain, and difference of the industrial structure of each country. I point out that this is beyond the scope of the US-China trade negotiations alone.
As a result of this research, the problem of trade imbalance between the two countries can be summarized as follows. First, the US trade deficit is largely attributed due to the manufacturing deficit. In other words, the trade deficit of the manufacturing industry accounted for 90.3% in 2015 and 83.9% of U.S total trade deficit in 2017. In particular, China has been the key driver of the trade deficit in the US since 2006, due to the relatively high proportion of manufacturing in the domestic industry among the comparing countries.
Second, the share of the US trade deficit due to Japanese manufacturing export rapidly dropped from 74.3% in 1991 to 44.2% in 1995, 21.7% in 2000, and 12.1% in 2005, while the share of the US trade deficit due to Chinese manufacturing export raised starting at 15.7%, 20.4% in 1995, 27.1% in 2005, and 52.1% in 2015. So it can be analyzed that China's share has replaced Japan in the share of U.S trade deficit.
Third, the trade imbalance between the United States and China has simultaneously appeared in the trade of the United States with major trading partners such as Japan, Germany, Mexico, Korea, and Vietnam. This is because these major trading partners also have a relatively high share of manufacturing in their industries compared to the United States in terms of their industrial structure. Therefore, the US trade imbalance problem arises from differences in industrial structure among countries, especially in manufacturing, and it is difficult to overcome the US trade imbalance problem unless the industrial structure is adjusted.
Fourth, the trade imbalance between the United States and China is also due to the differences in economic structure between the two countries, which is difficult to solve by other factors such as tariffs and non-tariff barriers without these key factors. The current repeated tariff retaliation, undermining and worsening the development of trade between the two countries, cannot fundamentally solve the trade imbalance problem.
Based on trade imbalances arising from trade with China, the US could pressure China to further deepen its economic reforms and openness In various aspects, including opening up the domestic market in China, enhancing the transparency of the state-led economy, building a market economy system, eliminating tariffs and non-tariff barriers, improving the business environment of foreign-invested companies in China, and technology and intellectual property rights protection. But there is a limit to fundamentally solving the US trade imbalance through various economic pressures, such as tariff retaliation. The reason for this is that, as analyzed in this paper, the key reason for the trade imbalance between the United States and China is inevitably caused by differences in industrial structure between the two countries.

8기업의 수익성 요인이 주가수익률에 미치는 영향에 대한 분석 -중국 차이넥스트 상장기업의 사례-

저자 : 김옥희 ( Yuji Jin )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 209-229 (21 pages)

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In spite of the short period of establishment and the high risk when they decide investment, investors prefer Chinext Stock Market which has high PER. Using the NPVGO Model for 353 enterprises floated on Chinese Chinext Stock Market from 2012 to 2018, this paper researches the correlation of profitability factors with PER. Therefore, Therefore, we will examine whether profitability factors can be explained as an effective index when people decide investment. As profitability factors explanatory variable, three factors are set up: Growth Rate of Net Income(NPGR), Operating Profit Growth Rate (OPGR), and Total Asset Growth Rate(TAGR). According to the analysis result, in all models, only Growth Rate of Net Income(NPGR) has a positive(+) significance. Therefore, Growth Rate of Net Income(NPGR) can be explained as an effective index when people decide investment, but Operating Profit Growth Rate (OPGR) and Total Asset Growth Rate(TAGR) have different results depending by industry. Other factors must be taken into account.

9중부굴기정책이 동부와의 지역격차에 미친 영향분석

저자 : 서영인 ( Seo Youngin )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 231-262 (32 pages)

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The Central Growth Policy was promoted to develop the underdeveloped central China in 2006 and to reduce the gap with the eastern coastal region. The central China had a good natural environment for agriculture and industry to develop before the reform and opening, but the development was delayed as the eastern coastal area developed first and the economic status gradually declined.
This paper analyzed the economic effects of the policy at the time of the policy's progress over 10 years, and the results are as follows. First, central China achieved rapid economic growth and reduced the income gap with the eastern region through the improvement of the income level of residents. Second, the size of the secondary industry in the region increased rapidly, reducing the size difference with the eastern region. Third, the living environment of residents has improved considerably compared to the past, but is has not significantly reduced the gap compared to the eastern region. Fourth, the foreign investment and foreign dependence have been greatly improved, but it is still insignificant compared to the size of the eastern region.
Finally, even if the effect for the central growth policy is somewhat insufficient, it have achieved the positive economic effect considering the 12-year period. If consistent policy promotion is achieved in the future, balanced development of the country, which is the goal of the policy, will be realized.

104차 산업혁명시대와 중국 드론산업의 발전

저자 : 송재두 ( Song Jae-do )

발행기관 : 한중사회과학학회 간행물 : 한중사회과학연구 53권 0호 발행 연도 : 2019 페이지 : pp. 263-291 (29 pages)

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The development of the drone industry produced changes, such as a reduction in human and material costs, improvement of work efficiency and work quality, reduction of environmental pollution, and saving of working time. Drone shows excellent technological effects and efficiency in the areas of agriculture, electricity, telecommunications, weather, forestry, marine, exploration, filming, security, rescue and logistic delivery. Combined with information technology such as cloud service, big data, and Internet of Things, the drone industry encounters technological progress and is used to other areas. It is necessary to solve many problems and legal restrictions for the purpose of development of drone industry. Because application level and market demand are not equal among all the drones, marketing strategy should be different among drones. Key elements of the Fourth Industrial Revolution is to be used for market creation. Multiple sensor fusion, autonomous drone by deep learning, data collection drone of artificial intelligence technology, and IoT and big data analysis technology are need.

12
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