Study On The System Of Respondents In The Head Of Administrative Organs

The head of the administrative response to suits is a major issue in the administrative procedural law.The revision and implementation of the new Administrative Litigation Law in 2015 is the first time in to stipulate the system of responding to the suits of the head of the administrative response to suit in the form of legislation in our country.The perfection not only can guarantee the judicial authority but also the construction of the government according to law and the rule of law.The advanced experience of foreign countries provides useful guidance and reference for the heads of administrative administrative organs in our country.Taking German and Japan example as,the German administrative court law,in order to understand the facts and the trial case,has the right to require administrative litigation defendants to send officials or employees to appear in court,and to make a penalty in the administrative litigation when the defendant does not appear.Japan has a distinctive prosecutor response system,in which the prosecution rights and restrictions on the way the executive power of the proceed complying with both coordination and restriction of prosecution right.However,the status of the heads of administrative organs response to suits is not of in our country optimistic,up to now,there is no normative rules to be settled to this system.At the same time,various differences exists in different areas,due to they have their own local laws and regulations.The following questions can be seen after the analysis of the status of the chief executive in court:1,the concept of executive heads of different provisions are vague;2,the type of court case is not clear;3,the specific requirements of the court is not clear;4,the absent of administrative authority who responses to suits are cause needed;5,can not appear in court the legal responsibility of absentee is not clear,as following.For the implementation of the problems included:1,the overall attendance rate is low and regional differences are obvious;2,the head of the executive authorities difficult to appear in court;3,the executive power interfere in the of judicial power.China needs take fully consideration of the national conditions,meanwhile of absorbing the advanced experience of other countries,to make up for the head of the administrative organs to appear in court.According to this,this article to the author provide some recommendations from the following aspects:First,improve the legislation.Clarify the main body of the head of the administrative organ,define the type of case that needed to be heard in court and the specific requirements for appearance.In the case of the absent of concerned authorities do not appear in court,a clear reason and improve their accountability.Second,detailing the implementation of the administrative authorities to appear in court.In the administrative litigation to improve the level of jurisdiction,use judicial power to limit administrative power,at the same time to give the court discretion,to establish the system that the court ruled the court case.Third,improve the administrative organs of the person in charge of the external security mechanism,through the training of administrative authorities,to enhance their legal knowledge,and the establishment of an open assessment mechanism.In this paper,the author used text analysis,comparative analysis and case observation to study the administrative authorities in court to response to suits.Under the background of the open cooperative trial mode,the administrative organ of the administrative organ should become the means to protect the legitimate rights and interests of the administrative counterpart.The purpose of the study of the person in charge of the administrative organ is to meet the reasonable demands of the administrative counterparts,to solve the administrative disputes in a substantive way and to optimize the administrative trial environment.