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

In 2014.The system for the heads of administrative organs to appear in court was established in the newly amended Administrative Procedure Law marking that this system,which condenses the wisdom of China's domestic judiciary and has Chinese characteristics,has officially become a basic system in administrative litigation.The establishment of this system has received wide attention and high hopes from all walks of life,and is regarded as an important measure for the people's courts to optimize the administrative trial judicial environment and resolve the administrative trial difficult problems.It will certainly further promote the reform and improvement of China's administrative litigation system.It has been more than five years since the implementation of the system,and the implementation of the system in which the head of the administrative organ responded to the court has achieved remarkable results.However,the realistic gap between the beautiful vision of the system design and the practical effect cannot be ignored,so we cannot help but reflect on the problems existing in the practice of the system..The law's requirement for the person in charge to appear in court is still relatively macro,which affects the implementation effect of the system.For example,if the person in charge should appear in court to respond to the law,the type of the case is not clear,and the operability is not strong.The system of the person in charge of the administrative organ attending court to answer the lawsuit is not perfect.which affects all aspects.The implementation effect of the system for the person in charge of the administrative organ to appear in court.In judicial practice,statistics on the attendance rate of heads of administrative organs have steadily increased year by year.However,under the appearance of “prosperous” statistics,there are hidden executive heads with extremely low response rates,obvious differences in appearances,and appearances.Practical problems such as poor results and one-sided pursuit of high formal appearance tendencies.The process of any system construction is not accomplished overnight.The system of the person in charge of the administrative organ attending court to answer the lawsuit to respond to the various problems encountered from the design of the "best-known" highlight system to judicial practice is not only thought-provoking,but also what led to the institutional vision and The actual deviation,how to make the person in charge of the administrative organ go out of the "formal tendency" to pay attention to the substantive effects of appearing in court will be an important research topic that cannot be avoided in the process of improving the system.This article will proceed from the historical evolution and system functions of the person in charge of the administrative organ in court,from the two dimensions of the legislative level and the practical level,to analyze the various problems in the operation of the system,and to explore the causes of the problems from different perspectives.Based on the root cause of the problem,I finally put forward suggestions for the improvement and improvement of the system from the aspects of legislation,safeguards,supervision,assessment,and accountability.I hope that through the continuous efforts of the academic community to enrich the research results,the head of the administrative agency will respond to the court Legal and social effects.