The Rational Cognition About Chief Executives Appearing In Court And Participating In Proceedings

From the administrative procedure law of the People’s Republic of China enacted, our country administrative litigation system with Chinese characteristics to establish up to now has nearly 25 years. The people prosecuting the administrative organizations of the legal system and administrative trial work, to promote the rule of law, promote administration according to law, protect the rights of citizens, to resolve administrative dispute, serves the nation, maintaining social stability, has the irreplaceable important position and role. Administrative litigation is a kind of administrative remedy, also has one of the most striking trait of democratic legal system, in regulating the behavior of administrative organs, maintaining the administrative relative person rights and interests plays an irreplaceable role.Chief executives appearing in court and participating in proceedings refers to the administrative relative person to people court to lodge a lawsuit according to law, the administrative organs of the defendant’s head as a defendant personally to participate in the trial, responding to a lawsuit system. The implementation of the system to make the trial of administrative leader did to administrative subject in the process of the specific administrative act is legal or not form the intuitive understanding, at the same time also reversed the judgment by default the defendant’s challenge to the authority of administrative trial. In practice, according to a survey to appear in court litigation system of administrative leader does to a certain extent, improve the judicial, referees, implementation of difficult issues, the administrative leader to appear in court litigation system as a new system of the construction of the rule of law with Chinese characteristics, is to promote the administrative trial closer to a cure of justice.Chief executives appearing in court and participating in proceedings litigation system of our country’s development and practice, has experienced two stages roughly. Since October 1, 1990, the administrative procedural law enacted, in 2004 the state council promulgated the implementation summary of comprehensively promoting administration according to law and the supreme people’s court issued about strengthening and improving the opinions of the administrative trial work, prior to the first stage. The stage to appear in court litigation system of administrative leader folk creation belongs to the individual place, development is relatively slow. Since 2004 for the second phase, and the supreme people’s court of the state council about to appear in court litigation system of administrative leader guiding regulations, marks the administrative leader to appear in court should appeal to the folk creation leap up for countries to support a system of encouragement. Today, administrative leader to appear in court litigation has become a court, government is one of the important reforms of pushing together.Administrative litigation system throughout the world, in the form of statutory requirements, head of the administrative court litigation is rare. Administrative leader to appear in court litigation system of our country is not copy the foreign advanced lawsuit system of import, which is extremely, native new system with Chinese characteristics, it is a product with distinct Chinese characteristics and the feature of era, is worth further research and discussion. At present, the legal science research in our country, the administrative leader to appear in court litigation system there are different recognitions, a view that it is a socialist country under the rule of law in the process of construction phases to solve the plight of the administrative litigation rights. Another view emphasizes the administrative leader to appear in court should be responses to exist for a long time, as a kind of fixed system and implement legal.Based on the administrative leader to appear in court litigation system of our country of development as the foundation, through the research on its evolution process and the related data, the reasonable localization, the development prospect of the system, to solve the outstanding problems of carries on the preliminary discussion; On this basis, the final positioning of the system and perfect, put forward its own solution.