The Research Report About Existing And Abolishing Of The Chief Executive Respondent Court System

Since "Administrative Procedure Law" has been enacted October 1, 1990,the difficulty in administrative proceedings has been the most outstanding problems. In order to solve this problem, many different locals create a system that the chief executive leadership Or the deputy leadership must appear in court. This paper comments the pros and cons to this system from the point of view on practice and legitimacy, pointing out the irrationality of the system and not legitimacy.The paper is divided into three chapters. The first chapter is to summarize appearance of responding to the Chief Executive. This part analyzes the concept of the system, system status, implementation status, and theorists dispute for this system. In the eyes of comman people, administrative proceedings are people suing government officials, affected by this consciousness it is easy to draw the wrong conclusions of "people suing government officials, court officials should appear in the court". But Chinese current law does not explicitly provide for such a system, so in the judicial practice, the Chief Executive of the appearance rate is extremely low. At the same time theorists view the system has also created a completely opposite situation. Some scholars believe that this system is conducive to administration according to law, some scholars believe that this system goes against the spirit of the rule of law.The second chapter states the view of judges, officials and public of three different groups for appearance of responding to the Chief Executive in the form of research. From the perspective of the court, the majority of the judges hold that the chief executive will ensure that people'court properly exercise jurisdiction, and to improve the efficiency of administrative adjudication. Judge hold that there is a large gap between appearing at the court and the respondent court, blindly requesting the Chief Executive to appear at the court cann't ensure that the chief executive debate in the courts. The results of the investigation by officials show that 33.3% of the officers think that the Chief Executive can improve administration according to law, and 46.7% of the officials hold the passive attitude for whether this system can improve the performance of the government. Findings by the public appear that 75% of the public believe that the responding to the Chief Executive will make the administration disputes better resolved, while 25% believe that the system does not help to resolve conflicts.The third chapter reviews the legality of responding to the Chief Executive. This institutions lack of legal basis. Chinese "Legislation Law" clearly provides that litigation can only be established through legislation. In China, the current law does not provide the responding to the Chief Executive. At the same time, "the Administrative Procedure Law" clearly provides that the parties and legal representatives may appoint one or two persons litigation. Visibly, the Administrative Procedure Law determines the agent system and gives the Chief Executive responding to the option of court. Secondly, responding to the Chief Executive goes against the efficiency of administration principles and the concept of equality before the lawThrough the practical examination and the legitimacy of responding to the Chief Executive,we can see that blindly requesting of the Chief Executive to appear in the court lack of rationality in practice and legal basis in law. Thus, in administrative proceedings, as long as leaders familiar with the case or each department head appear at he court, it is not necessary to blindly request the chief executive to appear in the court.