An Empirical Study Of Chief Executives Appearing In Courtand Participating In Proceedings

Chief Executive proceedings, meaning that procedures citizens, legal persons or otherorganizations, administrative, administrative head of an agency legal representative of theaccused, or under the auspices of the unit responsible for the overall activity or appear incourt complaints procedure. Administrative procedures for resolving disputes, establish therule of law the government’s image, and maintain social harmony and stability has becomean important feature of social work administrative adjudication. Aspects of power,vigorously implement the executive heads of the judicial system sued in order to meet thereasonable demands of the masses, fundamental disagreements administrativedetermination, the administrative court elects environment is playing an increasinglyimportant role. Therefore, the legal profession and academics believe that the chiefexecutive is suing the court to break the judicial system as a major problem of a majorbreakthrough.However, if you want the chief executive of the theoretical basis of the defendant toappear stronger, with a more complete operational mechanism, making it a relativelymature and stable administrative disputes, we need to stand the chief executive of thestatus quo to make a suit measured growth, objective and comprehensive analysis.Currently, the chief executive of the respondent court system in theory and practical levelthere are many problems. Request executive heads of the respondent court is insufficient tomeet the legal basis, the current law is not perfect, mainly by the Supreme Court, Councilof State to promote the development of relevant documents in the system. Text appears onthe judicial aspects of the local People’s Congress adopted a little confusing, thegovernment introduced regulations are not clear, the executive heads of court casesapparent conflict, inaccurate claims court, there seems relatively vague responsibility.Chief Executive respondent judicial system in a particular embodiment, the chiefexecutive of the lowest rates of participation in court, not balanced developmentthroughout the country,A little heads appear, the top leaders appear in court in a case rarely stated, going through the motions of more. Caused mainly due to the above, the court oflaw for lack of mandatory administrative leaders, respondent court has discretionary; Chiefexecutives of some special work harder everyday, can not spare the time to deal with therespondent court’s work. In addition, the judicial power of the courts enjoyed by people inour country are not independent, the government has no right to require the person tocompel respondent court.To further meet the needs of the labor administrative practices of the trial, there aremany experts and scholars in the executive heads of the judicial system has been suedsystematically studied, the focus of research focused on the following areas: the legitimacyof the chief executive court, the chief administrative officer of the judicial system meansthe Government chief Executive defendant appears in court and the impact on theindependence of the judiciary and other administrative efficiency. Although the importanceof response to government executive heads of the judicial system has been widelyrecognized experts, the chief executive of the respondent court system can be a goodguarantee the dignity of law and judicial authority, the rule of law is to improve the level ofneeds government, the elected administrative requests immediately speeches. ChiefExecutive government to stimulate construction of respondent judicial system is not onlynecessary, at this stage it is very possible. System Chief Executives responsible for thetheoretical basis of the court system to sue the chief executive chief executive of specificadministrative act as informants, those who are responsible for preventing the source ofadministrative disputes, administrative disputes to resolve the fundamental decision thatthe defendant is in this case the unit’s chief executive responsibility have an obligation toappear in court, the chief executive of the respondent court system made a legaleffects and social good, in practice, widely supported by the public.In connection with our country, in the western state laws include the independence ofthe judiciary, in the case of whether the respondent court, the executive heads withoutaffecting the independence and impartiality of the judicial administrative efficiencysolutions. However, China is not very high degree of judicial maturity, compared withWestern countries, the independence of the judiciary is not high, if the existence ofadministrative disputes in accordance with the legal filing, if the hearing administrativecases appeared undisturbed, quiet performance administrative problems with executivepower responsible for the respondent has a great relationship. More and more local governments slowly realize that a significant impact on the executive heads of the judicialsystem of the respondent, mainly through the development of normative documents in theform of promoting the work of the tribunal indicted chief executive. However, in order tocreate the chief executive of the institutional system of the respondent court are mature,you should NPC or its Standing Committee when the Committee on AdministrativeProcedure Law be amended from level to be bound by this law; Barber higher institutionsalso need to introduce judicial interpretation or administrative regulations to determine thelevel and scope of the case in court chief administrative officer; still a need for localgovernment and the courts issued an official document or to take various initiatives toimprove the relevant system; should the mainstream media to strengthen publicity to createa good external environment court. System Chief Executives Indicted court building is ahuge systematic project, which requires effort legislative, administrative, judicial andsocial media.