On The System Of Administrative Heads Appearing In Court

Administrative heads appearing in court means that while citizens, legal persons or other organizations bring a suit to the people’s court in the administrative proceedings, the legal representative of the administrative organ, or the presiding officer in charge of, or responsible person take part in the litigation activities of people court. To properly resolve the dispute, maintain social stability and harmony is an important mission of administrative trial, administrative heads appearing in court is propitious to optimize the external environment of administrative trial, and has an important role in promoting administrative dispute settled substantially. Therefore, administrative heads appearing in court system, by academics and practitioners is thought an important breakthrough for solving problems of administrative trial. Along with the process of rule of law government construction accelerated, administrative heads appearing in court has been gradually institutionalized. However, to make administrative heads appearing in court system has a solid theoretical foundation and perfect operation mechanism, and become a more mature and stable administrative litigation system, you also need to make a more clear understanding and objective analysis of the current situation.At present, administrative heads appearing in court system has many problems in theory and practice. The legal basis of administrative heads appearing in court is insufficient; the existing legislation is not perfect, mainly driven by the Supreme People’s court and the State Council document. The texts introduced by local people’s congresses or government are disordered, Court chief defining is unknown, court case type conflicts, the requirements are not clear, the responsibility of not-appearing in court is fuzzy. Administrative heads appearing in court system in practice, the chief executive to appear in court rate is low and develops inequality; leaders appear less, even fewer speakers to appear in court, were mostly for show. The main reasons for the above problem include that the lack of mandatory norms, the chief executive to attend in court is arbitrary; the chief executive administrative affairs are more to attend to appear in court; the Court is relatively weak, has no right to force administrative heads appear in court.With the further improvement of China’s legal system and the practice of administrative trial work, many experts and scholars on administrative heads appearing in court system carry out a lot of research, mainly in legitimacy of administrative heads system, the mode of chief executive appearing in court, the independence of the judiciary and administrative efficiency and so on. The value of the administrative heads appearing in court system has been widely recognized, it is the need to maintain the dignity of law and judicial authority, to improve the level of administration according to law, and to resolve administrative disputes timely and effectively. The implementation of the administrative heads appearing in court system is not only necessary, but also feasible in the present stage. The establishment of the responsibility system of administrative heads by China’s Constitution provides a solid theoretical foundation for administrative heads appearing in court system. The chief executive as the person of knowing the specific administrative act, preventing administrative disputes and resolving administrative disputes, the unit becomes the defendant in the case, the chief executive has the responsibility and obligation to appear in court. Administrative heads appearing in court system in practice has achieved good results and widespread public support.In western countries, more independent judicial, whether administrative heads appear in court or not, it does not affect the case resolved fairly and effectively.In today’s China, the process of the rule of law is not very high, judicial independence is not very strong, whether administrative disputes could resolve legally, the case could trial independently and the judgment could implement successfully, that has a great relationship with the chief executive. Some Party committees and governments increasingly recognize the value of administrative heads appearing in court system, more and more places in the form of regulatory documents provide for this system, but there is a great distance from the completion of the system. To improve the administrative heads appearing in court system, the National People’s Congress or its Standing Committee could revise the administrative procedure law, from the perspective of this law to be provided; the Supreme People’s court or the State Council could promulgate the judicial interpretation or administrative regulations to define the executive level and case scope and need; local government and court could issue normative documents or take various measures to improve the supporting system; the news media could strengthen the propaganda and optimize the external environment of justice. The construction of administrative heads appearing in court system is a huge system, requires the joint efforts of the legislative, administrative, judicial and social media.