Research On The Implementation Of The Persons In Charge Of The Administration Appearing In Court

The system of the Persons in charge of the administration Appearing in Court is the newly established judicial operation mechanism with the Chinese characteristics of the Chinese government in order to solve the problem that the absence of administrative director in the administrative lawsuits.Through the empirical investigation of the provincial and municipal departments that have published the texts of the persons in charge of the administration,it is found that the system of the head of the administrative organ is still in the stage of implementation,whether from the basic theory,the implementation procedure or the entity construction There are many immature and uncertainties,affecting the effectiveness of the implementation of this system,sustainability.It is necessary to carry out in-depth research on the system of coping with the person in charge of the administration from the theoretical level and provide a sufficient theoretical basis for the future implementation of the system.Moreover,it is necessary to sort out the development status of the administrative organ in charge of the implementation of the past two years,it is necessary to see the effectiveness of the implementation of the system,it can not be ignored in the implementation process of the plight of the The improvement of a system provides more practical advice.In addition to the preface and epilogue,this article covers four parts:The first part: the establishment of the system of the Persons in charge of the administration Appearing in Court.First,the author analyzes the basic connotation of the person in charge of the administrative organ,and clarifies its inner legal logic.Secondly,combining with the draft of the Administrative Procedure Law and the controversy in the process of revision,this paper systematically discusses the background of the establishment of the system,formally established the whole development process to the implementation,and thus has a general grasp of the system.The second part: the meaning of the establishment of the system of the persons in charge of the administration.Combined with the specific development of judicial practice,analysis and summarizes the development achievements of the system over the past two years.On the basis of the combination of practical cases,this paper discusses the importance of the establishment of the system from different perspectives,and there is no lack of reflection on the negative effects of its emergence.It does not overuse its role nor belittle its system value.The third part: the problems of the system that the persons in charge of the administration.Through examining the normative text and implementation plan published by various departments and departments,it is necessary to abstract a number of typical problems existing in the current system of administrative authorities from the empirical data with great differences among different regions,and to deal with various effective problems in an effective way.The typical problems are the scope of the respondent is not clear,some areas of the respondent rate is low,the type of case is not reasonable,the lack of comprehensive ability to respond to the challenge,the responsibility assessment mechanism is not perfect,etc.The fourth part : the improvement of the system of the respondent in the court.This part is mainly aimed at the above mentioned problems put forward a sound idea,are clear from the court personnel scope,clarify the responding to the types of cases,to promote the respondent professionals team building,improve the relevant supervision and inspection mechanism,strictly implement the administrative accountability system should suit seeks the solution,to expose the cover the implementation of the system exposed the representative problems,as far as possible to build a more operational implementation mechanism.