Study On The System Of Persons In Charge Of Administrative Organs Responding To Lawsuits In Court

The system of administrative organ's principal appearing in court is a system born from practice,which is a special system arrangement to solve the special problems in China.In some cases,the chief executive can make decisions on Coordination matters on the spot,which is of positive significance to promote the reconciliation between the parties,ease the "contradictions between the government and the people" and promote the thorough settlement of social disputes.In this paper,three basic concepts of Bourdieu's field theory(field,habitus and capital)are used as analysis tools,and specific cases are used as analysis field.This case field belongs to a seed field differentiated from judicial field.Its field,habitus and capital not only retain the influence of judicial field,but also have the characteristics of autonomy.It is the time and space of trial in specific administrative cases Among them,the judge,the plaintiff,the person in charge of the sued administrative organ,the agent of the sued administrative organ and other forces that affect the case form a "field".To analyze and demonstrate the operation logic of the case field,not only from the internal logic,but also from the external specific power relationship,from the perspective of relationship,to analyze the "struggle" between the various subjects.Taking the individual case as the system analysis entry,through the narrative and panoramic expression of the specific case,it shows the operation logic of the system in practice.On the basis of sorting out the system of administrative organ's principal appearing in court in the context of history,politics and norms,and analyzing a case of administrative litigation that fails to perform its legal duties,this paper analyzes the use of capital and habitual habits and the choice of their respective litigation strategies of each subject in the field from the perspectives of litigation procedure initiation,implicit appeal identification,and beyond normative confrontation,and analyzes the administrative organ's responsibility The principal's response in court is devoted to the practice logic of realizing the balance of administrative litigation field,and the practice bias of imbalance of administrative litigation field caused by the "collusion" of judicial power and administrative power to some extent.And then around the "field balance" operation logic analyzed in this paper,the author puts forward some suggestions to improve the system,mainly from the perspective of breaking the obstacles of the system operation,and puts forward the idea of building the pre-trial system,and puts forward the establishment of the decision mechanism of the system of the principal of the administrative organ appearing in court to make the system play a greater vitality,so as to promote the system of the principal of the administrative organ appearing in court to improve.