To Discuss The System That The Head Of Administrative Organs Respons To Litigation In Court Should Be Reserving Or Abolishing

The head of the administrative organ respons to litigation is to deal with the problem of administrative litigation difficult in reality and should be born.The newly modified Administrative Law of the People's Republic of China have added Article3,paragraph 3 in November 1,2014,the system was established in the form of legislation.Since the implementation of the new Administrative Litigation Law,the development of the system has indeed achieved some results,but its difficulties in judicial practice is still can not be ignored.Start with the germ of the system,the controversy is endless,but the vast majority of all is whther the system is legitimate and reasonable,whether it should be into the law of the contention,few people focus on the implementation of the system status,the function of play and the nature of the problem after the system to be established in law to analyze.Therefore,this article will focus on this period of time that the implementation of the new administrative law suits to the present more than a year time,to study the implementation of the system in practice.Through the study of the system in the practice of the problems and reasons,demonstrate the existence of the system,and make recommendations to improve the administrative lawsuits,to help the administrative trial work and to promote the construction of the rule of law government.The full text is divided into four parts:The first part: Through simple elaboration the system that the head of administrative organs respons to litigation in court from the red tape to the legislative development process,to make a more objective,specific and comprehensive understanding.And then combined with the provisions of the law,to resolve the internal requirements of the system.The second part: Through internships and research data summary analysis,from the implementation of the system to find out the existing problems and the reasons to analysis.The third part: Through the legislative purpose,the legal effect of administrative action,the content of administrative litigation and judicial independence and other aspects to do the system of non-essential analysis.The fourth part: According to the analysis of the whole paper,put forward the proposal of abolishing the system of responding to the administrative system of the administrative organ,and put forward reasonable and effective suggestions for the improvement of the administrative response to ligiation and solve the difficulty in the litigation trial.