｢중화인민공화국 감찰법｣의 주요내용과 평가 및 전망

Abstract

At the 13th National People’s Congress held in March 2018, the Constitutional amendment bill on the creation of the National Supervisory Committee and the People’s Republic of China Supervision Act, which embodied it, were deliberated and confirmed. These National Supervisory Committees are generally perceived as a means to root out corruptions which have been threatening the sustainable development of China. However, in spite of its good intentions, there is also criticism that there has been excessive human rights abuse because of several clauses including arbitrary detention(so called “Liuzhi”), the restriction of right to legal counsel and notification, and the ambiguity of state-compensation and so on. Therefore, not only to successively achieve “anti-corruption work” which President Xi has been emphasizing since his inauguration of the year 2013, but also to improve human rights record of China, it is required to amend the People’s Republic of China Supervision Act, and it is the only way that chinese “Yifazhiguo” can advance from rule by law to rule of law.