From The Interaction Between Government And Court To See The Evolution Logic Of The System Of The Chief Of Administrative Organs To Appear In Court

Since the promulgation of the Administrative Procedure Law in 1989,the interaction between administrative power and judicial power has been carried out.From the "maintenance" of administrative power by judicial power--"maintenance and supervision"--"supervision",their interaction has been accompanied by the thirty years of China’s administrative procedure law.Judicial organs and administrative organs have their own division of labor,but they are consistent in solving administrative disputes and maintaining social stability and harmony.As a bridge of communication between the people and the officials,and the way of law enforcement activities of the administrative organs supervised and restricted by the court,the system of the person in charge of the administrative organs appearing in court to answer the lawsuit emerged at the historic moment.In 2014,the fourth plenary session of the party’s 18 passed on comprehensively advancing the rule of law "of the central committee of the communist party of certain major issue decision","administrative procedural law" revised in 2015,head of article 3 the administrative authorities for the first time to appear in court litigation system,the emergence of the system is considered to be in accordance with the law administration,administration according to law and building a government under the rule of law.It is a good tool to ease administrative disputes between the government and the people,and a touchstone to change the saying that "people complain to the government,it is hard to see the government".People from all walks of life have high expectations on this system.They believe that this system can make the administrative organs,as builders of the government ruled by law,really improve the administrative law enforcement environment,enhance social governance ability,create a better external judicial environment for administrative litigation,and promote the improvement of the administrative litigation system.The system has been more than seven years ago,at the same time of significant achievements,we also can’t ignore the vision of the system at the beginning of the design and practice effect of the gap,the trial practice,there are still a lot of "The people go to court and the government is not seen" to appear in court litigation formal cut-scenes,did not achieve the actual effect of investigations,this let we must face up to problems in the system in practice.The reason why the heads of administrative agencies are forced to go to court is because they have the right to make decisions on administrative actions,and only by participating in the litigation themselves can they find the crux of the conflict between the public and the government.This article starts with the real cases of trial practice,and looks back at the reasons for the problems of the system which has been revised twice from the aspects of the consciousness of administrative organs,law enforcement,law and court.Observe the crux of the problem in the practice of the system from the Angle of interaction between the government and the hospital,and put forward suggestions for the improvement and perfection of the system from different aspects based on the root of the problem.Of course,we should also see the deeper significance brought to us by the head of the administrative organ to answer the lawsuit and the constitutional significance behind it,which has improved the ability of the judicial organ and the administrative organ to solve disputes.Under the current background of the construction of a government under the rule of law and a country under the rule of law,courts will also usher in better development opportunities by seeking development space for administrative adjudication through such interactive ways.