论行政机关及行政首长的宪法责任

On the Constitutional Responsibility of the Administrations and the Administrative Heads

由于行政机关和行政首长的角色特点,行政机关及行政首长在行使职权的过程中不履行或不当履行义务,可能承担行政责任也可能承担宪法责任;先行存在的宪法义务是行政机关及行政首长承担宪法责任的前提;违宪行为、过错、因果关系、损害事实是行政机关及行政首长宪法责任构成的要件;宪法责任具有政治性,但宪法责任不等同于政治责任;规范性文件被撤销、职务的被罢免或被撤销是行政机关及行政首长宪法责任的主要形式。

The administrations and the administrative heads are likely to shoulder the administrative responsibility or constitutional re sponsibility when they failed in the execution of their obligations or improperly executed their obligations during the process of exercising their functions and powers because of the characteristics of their roles. The existent constitutional obligation is the precondition of the shouldering of the constitutional responsibility for the administrations and the administrative heads. Violation of the constitution, offence, causality and damage deeds are the comprising events of the constitutional responsibility of the administrations and the administrative heads. The constitutional responsibility has the nature of politics, but it is not equal to political responsibility. The cancel of the normative document and the remove from office are the main forms of the constitutional responsibility for the administrations and the administrative heads.