A Study On The System Of Responsibility Of The Chief Executives In Court

In the process of the development of administrative litigation system in our country,it is an extremely important "landmark event" that the person in charge of the administrative organ goes to court. The system of responding to the administration of the head of the administrative organ is extremely important to the construction of the rule of law, and it is an important measure to promote administration according to law and to enhance the judicial authority. Therefore, both the theoretical and practical circles, we must pay attention to the value of this system, as it is the key to solve administrative disputes lies.Western countries,the level of the rule of law is high, for the settlement of administrative disputes, the person in charge of the court or not appear in court without much impact. However, compared with the Western countries, the level of the rule of law is not high, the judicial is not independent, the head of the administrative organs appear or do not appear in court for administrative disputes on the filing,trial and implementation and other aspects have a significant impact. Therefore, the paper will extract the essence of the problem of administrative litigation in China's administrative litigation, and put forward the corresponding suggestions on the following aspects: First,convert the relevant policy into legal stipulation, In the "justification" clearly defined;brief summary of the person in charge of which cases need to court; an accurate distinction between the executive authorities are responsible for the responsibility of the respondent; the person in charge of the trial before, after the work should be done; The legal responsibility of the responsible person to improve. Second, the development of the corresponding supporting system, the person in charge of the preparatory work before the court; responsible person in charge of the ability to respond; the person in charge of supervision work, from these three aspects can be developed corresponding supporting system. Third, from the judicial supervision, the court for the person in charge should participate in the trial case has a certain right to decide; the case of the trial judge can judge the performance of the person in charge of the court; the court has the person in charge of court and trial performance Right of publicity.