The Present Condition And Improvement Of Administrative Litigation Respond System In Administrative Organ

Under the comprehensive influence of imperfect in legislation, independent judiciary, and the expansion of executive power and traditional administrative concept, administrative litigation system in our country is still very fragile.This paper concentrates on how to form a efficient system in the external and internal constraint mechanism of executive branch, ensure the quality of responses. This paper review the meanings and contents of the administrative litigation system,and creatively focused on the internal restriction mechanism to construct the administrative organ.In fact, there is no the authority definition on the connotation and extension of the administrative litigation.The author believes that responses to administrative litigation including various litigation link in executive branch to participate in the litigation, and including both external and internal parts involved in litigation, which history can be issue from the perspective of the development process.According to the data, case and legal norms, this paper concluded that a small number of our country’s administrative litigation cases and wide regional difference;more cases assemble in the counties and cities government departments;cases dropped on the ruling and maintain accounts make for a considerable proportion.This paper also analyzed the problems of the administrative litigation system and the reasons: the defendant subject scope is narrow because legislation is too crude and tendency to protect executive branch;Due to the independent jurisdiction and the unity of the party and government, the executive branch break the judicial impartiality seriously;Although many local government have specific rule demanding administrative leader to appear in court, but the actual implementation is not ideal because of the official rank standard and the system rationality itself; executive branch’s internal mechanism is imperfect,and with disorder functions, the personnel is not professional in working out high quality responses;in consequence of insufficient penalties and implementation force, executive branch always hinder the implementation of court judgments.This paper argues that,access to perfect the system of respose to administrative litigation system is both on the outside and inside of the executive branch,which we should perfec the legislative and judicial,and to establish the internal restriction mechanism is more important. Through the formulation standard text, improving the responding ability, strengthening the punish illegal personnel, we can establish double supervision of internal supervision and hierarchy supervision.