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

The implementation of the newly revised Administrative Procedure Law in 2015 has clarified the system of responding to court appearances by head of administrative organs in the form of laws.Three years later,in 2018,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,further specifying the system.As a unique litigation system in our country,although the system on head of the administrative organs appearing in court has achieved obvious results,there are still many problems in practice.Under the current environment of ruling the country and administering the country according to law,the research on this system is still of great theoretical value and practical significance in the process of legal construction in our country.Based on the author's own personal experience during the internship in the administrative division of Chengdu Intermediate People's Court,this paper sums up the current operation status of the system on head of administrative organs appearing in court.It finds that there are some problems,such as low overall appearance on head of administrative organs and large regional differences,formalization on head of administrative organs,interference of administrative organs in litigation,etc.Through the analysis of these problems,the author has found out the causes of the problems,including the legal system,the personal reasons about head of the administrative organs and the legal environment.And in view of these problems,the author puts forward some personal ideas to perfect the system.First of all,through legislation,the scope on head of administrative organ and appearing in court should be appropriately expanded to make it clear that those types of cases must be answered by head of administrative organs himself.When head of administrative organs cannot appear in court,it should be made clear whether the principal body of the entrusted organ staff to answer the court is the administrative organs or head of administrative organs himself,and it also should be determined that the people's court should carry out substantive examination on the reason why the head cannot appear in court.Secondly,improve the internal supervision,assessment and accountability mechanism of the administrative organs,and the administrative organs shall establish the relevant preparatory work system before head appears in court,as well as the training system of relevant legal knowledge and responding skills.Finally,whether head of administrative organs should appear in court should be decided by the people's court,and the presiding judge should evaluate head ofadministrative organs according to his specific performance in the court hearing.At the same time,the court could disclose the court appearance rate and performance in the court hearing of head of administrative organs in transparent ways such as trial white papers and court work reports.