On The Study Of Constitutional Liability

On the basis of the understanding that constitution is a kind of law, constitutional liability (constitutional government liability ) should be a form of the legal liability. As for such an important theory and practical question, the field of constitutional study hasn't paid great attention to that yet. At present, few people make a deeper and systematic research in constitutional liability in the field of constitutional study, except that a few scholars use the concept "constitutional liability". In this dissertation, the author attempts to make a comparatively systematic study of constitutional liability from the following aspects.Conceptual analysis of constitutional liability. Constitution is a form of law, and constitutional liability is a form of legal liability. To analyze constitutional liability, we should start with the understanding of liability and legal liability, which are the breakthrough points for conceptual analysis of constitutional liability. Constitutional liability should be the responsibility concerning the subjects of specific constitutional relations. The real problem lies in whom the constitution restrains? What kind of subjects of constitutional relations are the principal parts of constitutional liability? Whether the subjects of constitutional relations, subjects of constitutional liability, and those of violating the constitution are identical to each other? Understanding of these questions is critical to analyzing constitutional liability. Constitutional liability should be the negative results that the subjects of constitutional relations should be responsible for when they violating the constitution. But where does the obligation of constitution belonging to the subjects of constitutional relations come from? How to understand the obligation of constitution? This is a prerequisite for establishing constitutional liability.Logical foundation of constitutional liability. Logical foundation of constitutional liability bases on the understanding and recognition of the origin and existence of constitutional liability, and attempts to answer such questions as rationality, necessity, possibility and reality of the existence of constitutional liability. Constitutional liability is mainly the responsibility for the subjects exercising the power of the constitution, and whatthe responsibility of the constitution reflected in essence is the restraint of the subject which exercises public power. Therefore, when it comes to the logical foundation of constitutional liability, it actually attempts to explain such questions as rationality, the necessity and realistic possibility of the restraint of exercising public power.Characteristics and the composition of constitutional liability. When there is no unconstitutional act, it is not necessary to talk about constitutional liability. The occurrence of unconstitutional act is the postulate of the composition of constitutional liability. Whether fault, damage and causality are the indispensable parts of the composition of constitutional liability or not, we should not mechanically copy the general theories of jurisprudence. Political nature is a distinct characteristic of the constitutional liability, and the political nature of constitutional liability originates from the political nature of constitution.Forms of constitutional liability. Forms of constitutional liability refer to the concrete displayed forms of constitutional liability. Because of the multiplicity of the subjects of constitutional liability and the complexity of unconstitutional acts, forms of constitutional liability vary from each other. It is difficult to categorize its forms. The forms of constitutional liability discussed in the dissertation are some forms with general significance and some forms popular in most countries' constitutions, such as, impeachment, dismissal, repeal, clampdown and resignation.Realizing mechanism of constitutional liability. This dissertation touches upon how the subjects which investigate constitutional liability supervise and restrict the subjects which enforce constitutional power, and analyzes the realizing mechanism of constitutional liability on the level of carrying out constitutional liability. In the author's opinion, several methods are adopted by subjects investigating constitutional liability which supervise the subjects of constitutional liability and ask them to take the responsibility, such as inquiry, special investigation, listening to reports, hearing the witnesses and voting of non-confidence. Although these methods don't cause direct legal results and can't be regarded as forms of constitutional liability, all of them can be considered as the prelude to special subjects to assume constitutional liability.Macroscopical background of realizing constitutional liability in our country. Realizing constitutional liability is not only concerned with the macroscopical background of fundamental systems, but also related with the microcosmic design of concrete systems,that is realizing mechanism. Macroscopical background of fundamental systems is the premise and basis of microcosmic design of concrete systems, and the former one decides the mode and the orientation of the latter one. As far as China is concerned, only under the leadership of the Chinese Communist Party and People's Congress can the policy of constitutional liability be improved and perfected. Therefore, as the leading and ruling party, the Chinese Communist Party's attitudes towards constitution and his performance in fulfilling the constitutional responsibilities, as well as the operation of the system of People's Congress, influence and directly decide the realization of constitutional liability. In addition, the realization of constitutional liability also needs some other universal institutional conditions.