The constitutional system is a significant feature of a democratic society, it emphasizes the power of democracy and civil rights protection, social governance system of equality before the law.Judicial power, administrative power, legislative power of the discrete solution is to restrict and diversionary state power, to prevent the state by man and destiny, the legal liability of the head of state is the head of state of the rights and obligations of the agreement in front of the law, politically popular service restriction mechanism and supervision consciousness, establish the head of state's clean image, strengthening the state's dignity and position!In the tide of history, we often fail to see the legal responsibility of heads of state, seems to heads of state behavior is correct, but in fact, where people don't make mistakes, don't head of state made a mistake can't be held responsible?Everyone will make mistakes, but mistakes are more or less to take responsibility or adverse consequences.On the other hand, we see the result caused by the head of state and is of national subjugation and enslaved, such as feudal dynasty emperor error caused the change dynasties is a very good example, but this change dynasties and losses caused by the people's suffering is the price of blood, responsibility not only national leaders, they can't afford to.Modern as the royal family is corrupted and shameless, resulting in Chinese people's century of humiliation, as head of state is the responsibility can not afford, since the state cannot take personal responsibility for ruin the state and destroy the race, why not when errors occur and impatient to give legal corrective or criticism?
Democracy is good for promoting the rule of law and the balance of power, the head of state is not exceptional also, this is the biggest achievement of capitalism democracy, American President Nixon for "Watergate" and step down, President Clinton is due to improper conduct impeachment and sexual harassment lawsuit dispute events clearly indicate that, under the rule of law of state responsibility -- political responsibility and legal liability, like ordinary citizens responsibility.But in recent years some democratic system of state error is small countries meet the eye everywhere parliamentary impeachment and trial step down early, Fujimori of Peru is a good example, and many heads of state often face the parliament or the public opinion about honest legal charges or trial, all around us!The greatest benefit the construction about the state of the legal liability system is completely realized the equality before the law, and the state of serious error caused by the interests of the country and the nation great losses, even subjugation.Yugoslavia Milosevic and countries such as Iraq examples known around the world.
Our country hasn't established state legal liability system, seems to be head of state is always right, it does not accord with Marx's philosophy and the party's political tutelage.Leaders of the democratic revolution period error caused the five counter encirclement campaign failed and the loss later several leftist revolution route to the cultural revolution, and the example is even more so, it is obviously improper state behavior, perhaps some people say that we are the collective leadership, the system of people's congresses, the head of state is the the exercise of power under the system of people's Congress, the people's Congress supervision and restriction, mistakes are the people's congresses of error, and the people's Congress are elected by the people, this is the people's own bear the ultimate responsibility, absurd!The president is not USA Parliament and voters elected, but American president must face the legal supervision and restriction of judicial.The people elected you as head of state and you accept the legal control are the two sides of a question.The law of collective leadership is not the reasons for exemption, liability can be divided into weight and size!Some people even say hair is in the public interest, which is not a Legal Disclaimer reason, at best can be legally considered, the crux of the problem is that we don't have a head of state legal liability system.We cannot always say how he is law-abiding, how to open and aboveboard and selfless, not the provisions of their legal responsibilities and supervision mechanism.
Heads of state responsibility should be a complete legal system, such as daily behavior, political and economic decision-making, common moral and legal compliance and enforcement, diplomatic behavior, probity, head of state of the impeachment system and procedure as well as the head of state liability exemption system, we establish the state liability system is not to deny that heads of state authority, but in order to better establish the state image and dignity, noble and selfless, the better to avoid due to improper behavior to the country and the people's loss and disaster, but also avoid the best way to state the future become history sinners.Deng Xiaoping's contribution is completely abolished the leading cadre's tenure, and make oneself an example, a historical leap which is the national constitutional government system.Socialist rule of law is a system of complete system, we should not have omissions and defects, democratic, efficient, clean government image needs legal system to regulate the behavior of government, and the rule of law should not forget the legal responsibility of government leaders, one non err!But a truly for the people government is not afraid to take legal and political responsibility, we believe that the establishment of national head of state legal liability system is sooner or later.