论宪法责任的政治性

The Political Character of the Constitutional Liability

宪法责任是法律责任，但宪法责任具有鲜明的政治性，宪法责任的政治性源于宪法的政治性。宪法的政治性至少可从宪法的产生、宪法所调整的对象、宪法与民主政治的关系、一个国家的主流意识形态对宪政理念以及具体制度设计的影响等方面得到体现。宪法责任的政治性表现在：宪法权力主体是否要承担宪法责任与特定的政治情势、政治需要有密切关系，因而具有不确定性；宪法责任的追究要符合民主的基本原则；宪法责任的追究具有优越性；宪法责任的追究机制具有政治性。宪法责任具有政治性，但宪法责任不等于政治责任。

The constitutional liability, a kind of legal liability, has its own distinct political character originated from the political character of the constitution. The political character of the constitutional liability can be embodied from the creation and the controlled member of the constitution, the relationship between the constitution and democracy, as well as the influence on the constitutional idea and its concrete making of the system by a country＇s principal ideology, etc. The political character of the constitutional liability embodies as follows, it shows non-determinacy as whether a subject of the constitution assume the constitutional liability has a close relation with certain political situation and command; the ascertaining where the responsibility lies should coincide with the metaphysics of democracy; the ascertaining has superiority; the ascertaining system has political character. However, it＇s political character does not equal political liability.