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

Since Article 3(3)of the Administrative Litigation Act of 2015 puts the system of responding to suits of responsible persons of administrative agencies in the form of laws and has implemented them for nearly three years,it has been given high expectation at the beginning of its formulation.Through the implementation of this system,the functions of regulating the appearance of court appearances,promoting administrative disputes,enhancing the concept of the leading cadre's rule of law,enhancing the people's confidence in the rule of law,and advancing the construction of the government under the rule of law have been achieved.However,the practical results in the past three years indicate that the implementation status of the system is not optimistic.The main body of respondent appearances is still not standardized,the regional disparities in the effect of court appearances are significant,and the purpose of the system of court appearances has not yet been reached.The above-mentioned problems have arisen from the legislation itself.The reasons also include the reasons for the administrative system of our country and the traditional culture of the society.Therefore,it is urgent to correct and perfect the system based on the discovery of problems.France,Japan,Germany,and China's Taiwan region all adopt the legal system of the civil law system.Therefore,it has a strong reference value for the relevant provisions of the administrative agency as a defendant to appear in court,and our country can selectively choose on the basis of its own national conditions.Drawing on its advanced experience,it created a system of appearance and responding to administrative organs that are both rich in Chinese characteristics and have operability.Through the analysis of the legal attributes and rationality of the responsible person's appearance in court,it can be seen that it is not necessary and reasonable to require the person in charge of the administrative agency in all cases to appear in court to respond to lawsuits in France,Germany,Japan,and Taiwan in China.It is stipulated that ordinary administrative cases can be heard by the Administrative Commissioner before the court,and the court is empowered to determine the power of the person in charge of the administrative organ to appear in court.The trial judge who hears the case decides whether the person in charge of the administrative organ is required to appear in court,in addition to the case.In addition to this,the forms of legislation must be used to clarify the types of other cases that must be brought to court by the responsible person and the form of responsibility of the responsible person not to appear in court.In addition,in order to enhance the operability of the system,the scope of the person in charge,the behavior requirements of the responsible person to appear in court,the procedures for entrusting other staff to appear in court,and the procedure for hearing the case should be issued by issuing a judicial interpretation.The respondent procedure makes detailed provisions.At the same time,in order tofurther guarantee the implementation of the system of responding to the appearance of the person in charge of the executive organ,the corresponding supporting system needs to be perfected,including setting up a sound training mechanism,constructing a reasonable evaluation system,improving the internal responding mechanism of the administrative agency and strengthening the Media publicity and guidance.