法国宪法和法律责任法律巩固的特点

V. Knysh
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摘要

本文考察了法国宪法和法律责任制度的形成、发展和法律巩固的特点。我们正在讨论法国国家法律机构的积极(前瞻性)和消极(回顾性)责任。笔者认为,法国总统的积极的宪法和法律责任被简化为他作为国家元首和行政权力的主要协调者的广泛权力范围,即:1)行政权力的人事组建;2)与议会合作;3)在直接民主机构的运作方面;(4)在国际关系领域——任命驻外大使和特命使节;5)在国防和紧急情况领域。我们特别注意法国政府(部长会议)的积极的宪法和法律责任,我们认为这种责任比法国总统的责任要小。政府决定和执行国家政策,管理行政和武装力量。在法国政府责任的框架内,明确了总理的积极宪法和法律责任。作者还以立法权和立法活动的形式界定了议会积极的宪法责任和法律责任的界限。它可以归结为以下几个方面:1)私法性质立法权的积极的宪法和法律责任;2)公法性质立法权的积极宪法法律责任;3)财政领域立法权的积极宪法和法律责任;4)对特别权力负积极的宪法和法律责任。消极的宪法和法律责任也进行了分析。根据法国宪法第8条,总统终止总理的职能,并决定政府辞职。根据总理的提议,法国总统任命其他政府成员并终止其履行职能。《法国宪法》第20条还规定,政府按照规定的条件和程序对议会负责。
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Peculiarities of legal consolidation of constitutional and legal responsibility in France
The article examines the peculiarities of the formation, development and legal consolidation of the institution of constitutional and legal responsibility in France. We are talking about both positive (prospective) and negative (retrospective) responsibility of the state-legal institutions of France.In the opinion of the author, the positive constitutional and legal responsibility of the President of France is reduced to the broad scope of his powers as the head of state and as the main coordinator of the executive power, namely: 1) personnel formation of the executive power; 2) in cooperation with the parliament; 3) in the sphere of functioning of institutions of direct democracy; 4) in the field of international relations – accredits ambassadors and extraordinary envoys in foreign countries; 5) in the field of defence and emergency situations. Particular attention is paid to the positive constitutional and legal responsibility of the French government (Council of Ministers), which, in our opinion, is narrower than the responsibility of the President of France. The government determines and implements the nation’s policy, disposes of the administration and the armed forces. Within the framework of the responsibility of the French government, the positive constitutional and legal responsibility of the Prime Minister is defined.The author also defined the limits of positive constitutional and legal responsibility of the parliament in the form of legislative powers and legislative activity. It boils down to the following areas: 1) positive constitutional and legal responsibility for legislative powers of a private law nature; 2) positive constitutional-legal responsibility for legislative powers of a public-law nature; 3) positive constitutional and legal responsibility for legislative powers in the field of finance; 4) positive constitutional and legal responsibility for extraordinary powers.Negative constitutional and legal responsibility is also analyzed. According to Art. 8 of the Constitution of France, the President terminates the functions of the Prime Minister and decides on the resignation of the government. At the proposal of the Prime Minister, the President of France appoints other members of the government and terminates the performance of their functions. In Art. 20 of the French Constitution also provides that the government is responsible to the Parliament in accordance with the specified conditions and procedures.
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