An Empirical Study On The System Of Administrative Officials Appearing In Court To Respond To Lawsuits

The original intention of the system of responding to the court appearance of the person-in-charge of the administrative organ is mainly to change the abnormal judicial phenomenon of the person-in-charge of the administrative organ refusing to appear in court in administrative proceedings,and to urge the person-in-charge of the administrative organ to actively respond to the court appearance with mandatory requirements.Since the introduction of the system of responding to court appearance by the person-in-charge of an administrative organ,it has aroused controversy and discussion in the academic and practical circles.Many scholars believe that the appearance of the system of responding to the court appearance of the person-in-charge of the administrative organ is an important weapon to solve the administrative disputes in which the person-in-charge of the administrative organ refuses to appear in court,and is also an important magic weapon to promote the substantive resolution of administrative disputes.Through empirical analysis,the author attempts to explore the relationship between the system of responding to court appearance by the person in charge of administrative organs and the substantive resolution of administrative disputes,and to study the actual effect of this system.After the appearance of the system of the person in charge of an administrative organ appearing in court,all parts of the country standardized the person in charge of an administrative organ appearing in court from the system level and the practical application level.It is not difficult to see from the white papers on judicial trials published in various places that the introduction of this system has to some extent improved the chaos in administrative litigation in which the person in charge of the administrative organ does not appear in court or entrusts the staff of the administrative organ or even only the lawyer as the litigation participant to represent the litigation.However,it can also be found from the official documents released at present that many places regard the appearance of the person-in-charge of the administrative organ in court as an important reference standard for the annual assessment of the administrative organ.Although this measure has improved the appearance rate of theperson-in-charge of the administrative organ in court,the substantive resolution of the administrative disputes involved in this measure has not given full play to the responsibilities and missions entrusted to it at the time of design.At the same time,the system of responding to the court appearance of the person-in-charge of the administrative organ only makes mandatory requirements for the person-in-charge of the administrative organ to respond to the court appearance in the top-level design,but it does not make reasonable standards that conform to expectations for the problems that may occur in the specific implementation process,resulting in the appearance of the person-in-charge of the administrative organ in many places,which is not conducive to the substantive resolution of administrative disputes.Of course,while seeing the defects of the system of responding to court appearances by the person-in-charge of administrative organs,we should also see the tremendous contribution that the system has made to the substantive settlement of administrative disputes and other aspects after its introduction.After the appearance of the system of the person in charge of the administrative organ appearing in court to respond to lawsuits,the administrative trial practice in all parts of the country has made a corresponding answer as to whether the person in charge of the administrative organ appearing in court to respond to lawsuits can substantively resolve administrative disputes: this system can play a role in promoting the substantive resolution of administrative disputes.At the same time,with the advancement of the reform,the times have put forward higher requirements for administrative organs.The system of responding to lawsuits by administrative organ heads in court has made important contributions to improving the administrative law enforcement ability,building a "service-oriented government" and promoting the integrated construction of a government ruled by law and a society ruled by law.The tough battle of judicial reform is underway.The public’s belief in judicial credibility comes from the proper handling and implementation of judicial cases,especially for administrative litigation,a litigation mode in which both the original defendant and the original defendant are naturally in unequal status.People often pay more attention to it.The introduction of this system also plays an important role in promoting the construction of judicial credibility.Therefore,it is particularly important to clarify the relevant provisions for the heads of administrative organs to appear in court,to promote a good connection between central and local policies,and to build a linkage mechanism between judicial organs and administrative organs.