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

The "Administrative Procedure Law" amended in 2014 provided for the first time a legal person's court appearance response system at the legal level.As one of the highlights of this revision of the law,its entry into the law not only theoretically achieved the legitimacy and legitimacy of the litigation system,but also played an important role in the trial function.It is not difficult to find that the system has been active in resolving administrative disputes,promoting legal administration,and enhancing judicial authority in the current environment,backtracking back to the legal process of its evolution and evolution,and the current social background of China's comprehensive advancement of the rule of law and building a socialist country under the rule of law.The role.After the revised "Administrative Procedure Law" was promulgated and implemented,the person in charge of the relevant department in the administrative dispute involved in the appeal would appear as a statutory duty and responsibility of the person in charge of the administrative organ.After three years of local practice,as one of the highlights of the amendments,the “responsibility system for responsible persons of administrative agencies appearing in court” has not attracted people's attention and enthusiastic discussion in practice as early as the revision of the law.A "high open and low go" state.Through the inspection of the system since it entered the law,it has been found that the active cooperation of local administrative agencies is an important support for the effective implementation of this system in judicial practice.However,some conditions that are not optimistic are still worth our careful consideration.For example,across the country,the rate of responding to suits in court is extremely uneven,and the attendance rate in some places is even lower than before the law clearly stipulates.Some of the plaintiffs held a strong and extreme attitude toward whether or not the responsible person appeared in court during the hearing of the case,and proposed unreasonable demands such as the refusal of the responsible person to refuse the trial.These problems have weakened the function of the person in charge of responding to suit in court to varying degrees.The judicial interpretation explained in the latest publication has clearly stated that the person in charge does not appear in court and does not explain the reason,and there is no effect of preventing the case from being heard.Therefore,the plaintiff does not have the right to refuse the trial on the ground that the person in charge did not appear in court,or to bring a new lawsuit on the ground that the person in charge is not present.The person in charge must be required to appear in court to respond to the case.In addition,the phenomenon of highly formalized responsible persons appearing in court in some cases is also worthy of vigilance.Appearing in court will only distort the value connotation of the system if it only increases the attendance rate and does not care about the substantive meaning of court appearance.The nature of the respondent's appearance in the court and its functions,how to reflect on the unfavorable situations in the process of responding to suits,and promote the good development of the system is the focus of this study.The author dissects the functions of the rule of law and special needs carried by the person in charge of the respondent's appearance in court.He believes that the system of responding to suits and hearings in court is essentially a political strategy adopted by China to advance the construction of the rule of law and improve judicial authority,and it is responsible for the proper resolution.Disputes,enhancing the credibility of the judiciary,and promoting the administration of the law.In view of this,at the end of the article,the former defendant who is within the existing legal framework and has strong operability in practice has formed a correct understanding of the responsible person's court appearance response system and the effective implementation of approval and judicial advice,as well as establishing and improving the responsible person.The open system of court appearances and other aspects proposes a feasible path to effectively promote the good development of the system.