The Practical Value And Perfection Of The System Of The Person In Charge Of The Administrative Organ Appearing In Court To Answer A Lawsuit

The third article of the new Administrative Procedure Law of the People's Republic of China,which came into effect on May 1,2015,establishes the legal system in which the heads of administrative organs of China should appear in court,but in judicial practice,this provision has continuously become the hot spots of concern as local practices are not the same.After nearly three years of judicial practice,the "Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China" was promulgated and implemented on February 8,2018,which made specific operability norms on this issue.Despite the uneven progress in promoting the response of the heads of administrative organs to the courts,there is no doubt that the system has achieved significant judicial value and leading role through years of practice and effective promotion until it rises to the legislative level.Benefits,administrative benefits and social benefits.Under the background of the 19 th National Congress of the Communist Party of China,which proposes to comprehensively govern the country according to law,it is of great value to continuously improve and perfect the system of responding to the case of the head of the administrative organ.This article will be divided into six parts:the first part clarifies the meaning and background of the system of responding to the appeal of the administrative organ,which is conducive to understanding the inherent meaning of the system in charge of the administrative organ,and exploring the basic national conditions in China.The necessity of establishing a system for responding to the case of the head of the administrative organ.The second part clarifies the legal basis for the person in charge of the administrative organ to appear in court.Through the elaboration of this part,it can clarify the requirements of the administrative organ in charge of the court in the court system.It has legitimacy and feasibility.The section briefly describes the practical value of the system in which the head of the administrative organ appears in court,and focuses on the interests of the system in terms of judicial value,administrative value and social value.The fourth part mainly discusses the practical dilemma of establishing the system for the appearance of thehead of the administrative organ,the main problems faced from the legislative level to the practical level.The fifth part analyzes and promotes the system of the executives in charge of the court to face the real dilemma.s reason.First,it is discussed from the aspects of judicial reform,local protectionism and judicial authority.Second,it is from the perspective of China's basic national conditions and the construction of the rule of law culture,with a view to drawing conclusions.Make useful explorations to effectively push the person in charge of the administrative organ to appear in court.The sixth part,on improving the system of responding to the appearance of the head of the administrative organ,mainly from the legislative empowerment of judges,the improvement of the judge evaluation mechanism and the supervision mechanism,and the definition of the basics of the administrative organ's appearance in court Content,establish a coordination mechanism.