Research On The System Of Appealing For Responsibility Of Administrative Organs In Court

The system of responding to the appearance of the chief of an administrative agency has attracted extensive discussion in the academic community since it entered the law.The Interpretation of the Supreme People’s Court on the Application of the “Administrative Procedure Law of the People’s Republic of China”,implemented on February 8,2018,focuses on the five parts of the eighth part of the responsible person of the administrative agency to appear in court.There is a big gap between the theoretical authorities and the practical level of the respondent’s appearance at the court.This paper provides a perspective for the chief respondent of the administrative organ by studying the outstanding issues in the judicial practice.This article is divided into five parts.The first part,introduction.Explain the source of the topic of the paper and the purpose of the research.Through analysis of the research status at home and abroad,further deepen the understanding of the system of responsible respondent appearance in the administrative agencies.Refine the research methods in the process of essay writing and point out the innovations in essay writing.The second part is the summary of the system of the administrative organs responsible for appearing in court.First,we introduce the system of the administrative officers’ appearing in court,including the connotation and the evolution process in China.Secondly,we explain the legislative background of the establishment of the administrative organ’s appearance in court.With the acceleration of the process of the rule of law in society,the number of administrative disputes has increased,and more and more cases of administrative litigation have been found.Judicial practice,the power and the right of private party executive unequal road administrative dispute lead to a solution of the difficulties,the executive responding to negative behavior also challenged the authority of the judiciary,affecting the smooth resolution of administrative cases.finally,describes the practical significance of administrative organs responsible person to appear responding to the system.A good implementation of the administrative organ responsible person’s appearance in court should be forced to reflect on the administrative organs,so as to improve the level of administrative law enforcement.Thehead of administrative organs and the plaintiff sit face to face debate,which is conducive to easing administrative disputes.In administrative proceedings,the administrative authorities are actively involved and conscientiously respondent,reflecting the respect for the right of the administration to the right of the judiciary.The third part,the study of foreign-related administrative systems.This article focuses on the administrative system of Germany and France.Germany’s administrative courts are relatively independent and the judges are loyal to the law and loyal to the law.The judge may order the participant to attend the case according to the needs of the case.In the face of administrative litigation involving public welfare,the public welfare representative can participate in the administrative litigation as a litigation participant.The public welfare representative represents the state or state agency.France is the "home country of administrative law." The government commissioner has a special position in French administrative law.The government commissioner expresses opinions from the perspective of the administrative agencies in administrative litigation.However,this opinion does not favor the executive authorities.Instead,it gives judgments to the administrative actions made by the administrative agencies,feeds professional referees back to the judges,and assists the judges in hearing cases.France also has a conciliation commissioner.The conciliation commissioner can investigate the administrative behavior of administrative agencies and provide suggestions for the implementation of administrative agencies to protect the rights of administrative counterparts.By introducing the characteristics of the German administrative court system,the system of public welfare representatives,and the French government commissioner system and the conciliation commissioner system,we will consider the possibility of introducing relevant mechanisms in our country.The fourth part is the current situation and problems of the administrative organ responsible for the implementation of the system.There are mainly 3 ways of appearing in court in the judicial practice.The administrative staff appear in court,the administrative organs entrust professionals to appear in court,and the heads of administrative organs appear in court.It is a common way for administrative staff to appear in court.There are mainly 3ways to settle cases in administrative litigation after the implementation of the system of administrative organs’ appearing in court.The plaintiff wins the lawsuit,the plaintiff loses thelawsuit and coordinates reconciliation.Among them,coordination and reconciliation are the most widely used.There are 5 main outstanding problems in the judicial practice,with the scope of administrative organs responsible person "relaxed,more and more administrative litigation is in court by the staff,the administrative organ responsible for absence of legal liability in the system has not been used well.Because of the fear of taking the responsibility of losing the lawsuit,many administrative organs are in court when they are in court,which leads to the formalization of the court.The number of administrative trial teams in China is small and the overall professional quality is uneven.Under the oppression of the administrative organs,the court can only move to the administrative organs.The emergence of these problems is not only the cause of the legislative level,but also the imperfect safeguard mechanism and the lack of strong supervision.The fifth part is the perfection of the administrative organ responsible for the appearance of the system.In view of the problems reflected in the judicial practice,the suggestions and ideas of the legislative level,the guarantee mechanism and the supervision work are explained.First of all,it is necessary for the executive to appear in court in the legislature.The classification of the cases in charge of the person in charge of the court,the circumstances and the requirements that can not be made in court should be clearly defined,and the legal responsibility is set up for the court to appear in court instead of appearing in court.Secondly,we should improve the guarantee mechanism of the chief executive’s appearance in court,including the preparation for the court’s action and the notice in the lawsuit,which can increase the court performance publicity system and the court evaluation system,and urge the heads of the administrative organs to appear in court.Finally,we should strengthen the supervision of the system of the chief executive’s appearance in court.From the three points of internal supervision,supervision by the NPC and judicial supervision,we will ensure the good operation of the administrative organ responsible person’s appearing in court.