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Research On The Issue Of The Person In Charge Of The Administrative Agency Appearing In Court To Respond To The Suit

Posted on:2021-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2436330611994249Subject:Public administration
Abstract/Summary:PDF Full Text Request
The revision of the 2014 edition of the Administrative Procedure Law has written into the system of responding to court appearance by the person in charge of the administrative organ,thus starting the prelude of the system of responding to court appearance by the person in charge of the organ.The appearance of the person-in-charge of the administrative organ in court is helpful to improve the government's legal level,resolve administrative disputes,protect citizens' rights and interests,and improve the government's governance level.However,as a new system,its legal basis and operation mechanism need to be improved urgently.This paper analyzes the administrative litigation cases in Wulian County from 2017 to2019,and finds that the overall level of the court attendance rate of the heads of administrative organs is still relatively low,especially the number of the principal heads appearing in court is very few.In the process of appearing in court,there is a phenomenon of appearing in court without making any noise.The main causes of the problems are the lack of attention to the concept of the person-in-charge of the administrative organ,the mismatch between the powers and responsibilities of the organs appearing in court,the unreasonable types of cases appearing in court,and the insufficient comprehensive ability of the person-in-charge of the administrative organ to appear in court.The article believes that in order to improve this system,we can start from the following aspects:strengthening the reform direction of the administrative organ's appearance in court system,clarifying the scope of the personnel who should appear in court,clarifying the types of cases that should appear in court,improving the assessment mechanism to promote the appearance quality,strictly implementing the accountability system,so as to ensure that the person in charge of the administrative organ can really appear in court to be put into practice.
Keywords/Search Tags:Person in charge of administrative organ, response in court, government under the rule of law
PDF Full Text Request
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