The System Of The Leader Of Defendants As Respondent In Administrative Lawsuits

This article comes from thinking about the 2014 revised "Administrative Procedure Law of People’s Republic of China," Before and after the new Administrative Procedure Law promulgated, the person in charge of administration should respond to the lawsuit in court is considered highlights, become the object of legal scholars in-depth study. But for now, scholars have focused on the research of Analysis its feasibility of the establishment And the problems in practice and improve suggestions, For this system still lacks a systematic exposition. In addition,As the existing studies only mentioned the person in charge of administration should respond to the lawsuit in court, non-administrative organization Is it necessary respond to the lawsuit in court? Whether the present system include non-administrative organization should respond to the lawsuit in court Became the vacant on research and institutional norms. So in order to improve the content of this system, Make it better to Services in legal practice, This article will to conduct a comprehensive elaboration of this system From the whole.The system that the person in charge of defendant should respond to the lawsuit in court is based on the existing law that the person in charge of administration should respond to the lawsuit in court. Moreover, this system compounds the system that the person in charge of non-administrative organization should respond to the lawsuit in court, which used to be a missing part in legislation and law research, to be a new concept. This thesis begins with the basic value of the system that person in charge of defendant should respond the lawsuit in court and elaborates the purpose and significance of this system, from the perspectives of plaintiff, defendant and court separately. Meanwhile, by comparing to domestic civil action and criminal action, the thesis discriminates the nature and feature of this system. Besides, more comparative analysis with extraterritorial relative system in the thesis leads to the root cause of the system. Based on the existing system that the person in charge of administration should respond to the lawsuit in court, Chapter 3 gives a definition of “person in charge of administration”, describes the situation that the plaintiff and/or defendant cannot appear in court, states responsibility and discuss details of the blank space that person in charge of non-administrative organization should respond to the lawsuit in court. This thesis discusses the existence of the system from different parts, including the development track of the system and its direction in the future, the development of legal society and national conditions. At last, because the system that person in charge of administration should respond to the lawsuit in court have been implemented, the thesis propose advices on how to improve. The thesis has an expectation on better execution of legislation and judicature, and also a perfection of the existing system which will lead to better administrative proceedings.