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사회주의 이론을 통해 본 북한 헌법

사회주의 이론을 통해 본 북한 헌법 (Loan 5 times)

Material type
단행본
Personal Author
최규환, 연구책임
Corporate Author
한국. 헌법재판소. 헌법재판연구원
Title Statement
사회주의 이론을 통해 본 북한 헌법 / 헌법재판소 헌법재판연구원 [편]
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2017  
Physical Medium
iv, 116 p. ; 26 cm
Series Statement
통일헌법연구 ;2017-D-2
General Note
연구책임: 최규환  
Bibliography, Etc. Note
참고문헌: p. 107-116
000 00000nam c2200205 c 4500
001 000045918153
005 20171027145150
007 ta
008 171018s2017 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000159-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z4 ▼c 2017.D.2
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 사회주의 이론을 통해 본 북한 헌법 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2017
300 ▼a iv, 116 p. ; ▼c 26 cm
440 0 0 ▼a 통일헌법연구 ; ▼v 2017-D-2
500 ▼a 연구책임: 최규환
504 ▼a 참고문헌: p. 107-116
700 1 ▼a 최규환, ▼e 연구책임
910 0 ▼a Republic of Korea. ▼b Constitutional Court of Korea. ▼b Constitutional Research Institute, ▼e
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z4 2017.D.2 Accession No. 111780195 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서론 / 1

1. 연구의 배경과 목적 ····························································································· 1

2. 연구의 범위 ·········································································································· 5

Ⅱ. 사회주의 이론의 주요개념과 내용 / 9

1. 사회주의 개념의 다양성과 공통요소 ································································ 9

2. 계급적 이해관계 반영으로서의 국가와 법 ····················································· 10

가. 마르크스주의 이론 개관 ············································································ 10

나. 상부구조로서의 국가와 법 ········································································· 11
(1) 마르크스주의 역사적 유물론 ······························································ 11
(2) 상부구조로서의 법과 토대의 관계 ····················································· 14

다. 계급지배 도구로서의 국가 ········································································· 15
(1) 계급투쟁론과 무산계급 독재론 ··························································· 15
(2) 부르주아국가와 사회주의국가에서의 계급적 지배 ·························· 17

라. 계급적 이해관계 산물로서의 법 ······························································· 19

마. 사회주의적 경제의 규범적 담보장치로서의 법 ······································ 20

3. 소비에트의 사회주의 법이론 ··········································································· 23

가. 마르크스-엥겔스의 법사멸론 ····································································· 23

나. 레닌의 법이론 ····························································································· 25

다. 스탈린의 법이론 ·························································································· 27

라. 기타 사회주의 법이론 ················································································ 28
(1) 스투츠카의 법이론 ················································································ 28
(2) 라이스너의 법이론 ················································································ 29
(3) 파슈카니스의 법이론 ············································································ 31
(4) 비신스키의 법이론 ················································································ 33

Ⅲ. 사회주의 국가 현실에서 법의 개념과 기능 / 36

1. 사회주의 법이론의 존재가능성 ········································································ 36

2. 사회주의 국가에서 법의 개념과 기능 ···························································· 37

3. 사회주의 헌법의 기본원리 ··············································································· 40

가. 인민주권의 원리 ·························································································· 40

나. 사회주의적 민주주의 원리 ········································································· 41

다. 사회주의 계획경제 ······················································································ 43

라. 평등과 사회권 ····························································································· 43

마. 권리와 의무의 불가분성 ············································································ 44

바. 사회주의적 합법성의 원리 ········································································· 46

사. 사회주의적 국제주의 ·················································································· 47

아. 인간중심주의 ······························································································· 48

4. 사회주의 헌법이론의 특수성 ··········································································· 48

5. 사회주의 헌법상의 권리와 의무 ······································································ 51

6. 사회주의 국가에서 헌법의 연속적인 발전 ····················································· 53

Ⅳ. 사회주의 이론과 북한의 주체사상 / 56

1. 주체사상의 등장배경 ························································································· 56

2. 주체사상의 내용 ································································································ 58

3. 마르크스주의에 대한 주체사상의 비판 ·························································· 59

가. 마르크스주의 변증법에 대한 비판 ··························································· 59

나. 마르크스주의 유물론에 대한 비판 ··························································· 62

다. 마르크스주의 역사적 유물론에 대한 비판 ·············································· 62

라. 계급투쟁론ㆍ무산계급 독재론에 대한 비판 ············································ 64

마. 마르크스 경제이론에 대한 비판 ······························································· 65

4. 주체사상의 변질 ································································································ 66

Ⅴ. 사회주의 이론과 주체사상을 통한 북한 헌법의 분석 / 69

1. 「조선민주주의인민공화국 사회주의헌법」의 제ㆍ개정사 ·························· 69

가. 북한 헌법의 제정 연혁 ·············································································· 69

나. 북한 헌법 개정사 ························································································ 71

2. 북한 헌법의 의의와 본질 ················································································· 75

가. 사회주의 실현수단으로서의 헌법 ····························································· 75

나. 주체의 사회주의 헌법의 의의 ··································································· 75

다. 주체의 사회주의 헌법의 본질 ··································································· 76

라. 인민민주주의헌법에서 주체의 사회주의 헌법으로의 발전 ··················· 77

3. 북한 헌법의 목적과 역할 ················································································· 78

가. 북한 헌법의 근본적인 최종목적 ······························································· 78

나. 사회주의 국가의 역할과 헌법 ··································································· 79

다. 주체의 사회주의 헌법 자체의 법적 특성 ················································ 80

4. 북한 헌법의 지위와 기능 ················································································· 81

가. 북한 헌법의 지위 ························································································ 81

나. 진압적 기능ㆍ조직동원적 기능ㆍ교양적 기능 ········································ 82

다. 수령의 직접적 영도를 통한 헌법 실현 ···················································· 83

5. 북한 헌법의 기본원리 ······················································································· 85

가. 사회주의 헌법으로서의 북한 헌법 ··························································· 85

나. 북한 헌법의 구성체계 ················································································ 86

다. 북한 헌법상 기본원리의 내용 ··································································· 87

6. 정치ㆍ사회경제ㆍ문화 분야의 제 원칙 ·························································· 90

가. 정치 분야의 제 원칙 ·················································································· 90

나. 사회경제 분야의 제 원칙 ·········································································· 91

다. 문화 분야의 제 원칙 ·················································································· 92

7. 공민의 기본권리와 의무 ··················································································· 94

가. 공민의 권리ㆍ의무에 관한 헌법규정 ······················································· 94

나. 주체사상과 공민의 권리ㆍ의무 ································································· 96

Ⅵ. 결론 / 99

1. 현행 헌법상 통일 규정의 내용 및 문제점 ····················································· 99

2. 독일 통일의 절차와 경로에 관한 독일기본법상의 논의 ···························· 101

3. 현행 헌법상 통일의 절차와 형식 ·································································· 104
❚참고문헌 ····················································································································· 107

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