Functional Analysis Of The System Of Respondents In The Head Of Administrative Organs

The system of responding to a lawsuit by the person in charge of an administrative organ in court is one of the hot topics in the field of administrative procedure law and even the whole legal circle.In particular,the implementation of the amendment of the new Administrative Procedure Law of the People's Republic of China in 2015 has given rise to a heated discussion in the academic circles once again by giving the much-concerned legal system the provisions of statute law.This paper focuses on the function of the system of responding to appeals in court by the head of the administrative organ.The first section is the introduction.First,the relevant research results of the system of responding to appeals in court by the head of the administrative organ are sorted out,classified and summarized.Secondly,the problems are found and raised on the basis of the summary.There are still many contradictions in the practice of the administrative organ that can not be explained.Finally,the author explains what this article has done.The research methods used;Sections 2,3 and 4 make a concrete analysis of the functions of the system of responding to appeals in court for the principals of administrative organs: the first function is the function of right relief and dispute resolution.Firstly,the function of power relief and dispute resolution is analyzed from the angle of the objective design of the system of responding to appeals in court for the principals of administrative organs,and how to use the "official standard" and "bureaucratic system" in the blueprint of the design of this function is explained.The background of the meeting plays a role.Secondly,through the statistics of the specific data of the system of responding to the appeal in court in some areas,this paper analyses the deviation of this function in practice,and then points out the limitations of the system of responding to the appeal in court and the function of resolving disputes.There are practical difficulties in all cases of responding to the appeal in court by the person in charge of the administrative organ.The second function is power restriction and political mobilization.Firstly,through the concrete analysis of the system of responding to appeals in court by the head of administrative organs,the relationship between the central and local governments and between the central and ministries behind it is discussed.Then,it is pointed out that through the system of responding to appeals in court by the head of administrative organs,the central government can intervene in the local government and the higher government and the lower government.Restriction is consistent with the logic of the reform of the whole national governance system,which is also the governing logic in the political mobilization function of Cao Zhenghan's separation of upper and lower governments and Chen Baifeng's petition system.Secondly,it points out the limitations of power restriction and political mobilization function,which depends on the process of the reform of the national judicial and political system and the perfection of the laws and regulations.The third function,symbolic function,points to the legitimacy of political power,especially the moral legitimacy supported by the people;through the analysis of the media effects and social repercussions brought by the chief executive appearing in court,discovers and reveals the etiquette,enlightenment and infectious functions of the system;finally,puts forward the reflection on the symbolic function,which is the main content of this paper.Functions may strengthen the transmission of pressure from the internal bureaucracy of the administrative organs,thus aggravating the mutual prevarication of administrative staff in making decisions,resulting in "spending money to buy stability" and other acts,which is not conducive to the construction of a government ruled by law and a society ruled by law.From the functional point of view of the system of responding to the appeal in court by the person in charge of the administrative organ,this paper investigates the system of responding to the appeal in court by putting the system of responding to the appeal in the whole system of national governance,and discusses its functions at different levels.The research focus of this paper is not on how to improve the system of responding to the court by the person in charge of the administrative organs,but on the basis of facts,to understand and understand what the system of responding to the court by the person in charge of the administrative organs is like in life practice,and then to explain why it is such a problem.