A Study On Safeguard Mechanism For Responsible Persons Of Administrative Organs To Appear In Court

As the newly-amended Administrative Procedure Law of the People's Republic of China came into effect throughout China,the system of responsible persons of administrative organs to appear in court also started implementation on Mary 1,2015.The system was first put forward and carried out by the Government of Heyang County,Shaanxi Province.Later,governments in other places of China subsequently launched the system with their administrative areas.The system can contribute to solution of many difficulties confronting administrative judgment.Therefore,this paper analyzes the system of responsible persons of administrative organs to appear in court with the focus on problems of the system in judicial practices.Next,causes behind these problems are examined,and the author proposes suggestions for improvement concerning these problems.Following that,the judicial practice status of the system is analyzed,and the author attempts to build a safeguard mechanism to promote more effective implementation of the system and give full play to its due role in the process of China's legal construction.This paper mainly consists of four parts.Below is a brief introduction of each part:Part 1 proceeds from basic concepts concerning the system of responsible persons of administrative organs to appear in court,and analyzes the value of the system.This part serves to introduce the research question of this paper,and leads to research content of the following parts.Part 2 briefly expounds on generation and development of the system of responsible persons of administrative organs to appear in court,specific regulations of the system,and the implementation status of the system in judicial practices.In this part,the author reveals that the system of responsible persons of administrative organs to appear in court is a bottom-up system slowly moving ahead.In other words,the system is first explored by local governments.After the validity of the system is proved,it is then legalized by documents of the State Council and the Supreme Court to be implemented in different places of China.The implementation status of the system in judicial practices suggests that the implementation calls for further improvement.Based on Part 2,Part 3 further explores problems existing in judicial practices of the system,and reflects on causes behind these problems from different levels.Part 4 adopts Part 2 and Part 3 as its prerequisite.In Part 4,the author puts forward suggestions from the level of the court system,the administrative organ and the news media.It is hoped that research findings of this paper can contribute to improvement of the system.