The Research On System Of Administrative Organ Leading Official Answering The Litigation Before The Court

Implemented more than 20 years in our country’s administrative procedure law of the People’s Republic of China in 2014,through the modification of the modified has great progress and innovation.Among them,the provisions of paragraph 3,article 3 of the general established,head of the administrative organ to appear in court litigation system in our country.In fact,before the system of the administrative procedure law,the place has been introduced by way of normative documents head vigorously the implementation of administrative authority to appear in court system of litigation.From the perspective of comparative law research,western countries have not through the way of law required,head of the administrative organ must appear in court to participate in the litigation.Head of the administrative organ to appear in court litigation system is unique in China,is established by means of system innovation from bottom to top of the legal system.As a legal system with Chinese characteristics,after its implementation,it caused the wide attention and research of theory and practice.For China’s current administrative proceedings "hard case,trial and enforcement difficulty",push forward the administrative organ to appear in court,head of the litigation system,to effectively solve the administrative dispute,ease by administrative organs of the people of discontent,optimize the environment of administrative trial,etc,has the vital significance.Theory and practice,therefore,this system as an important breakthrough spotting the plight of the current administrative trial,However,we will make the more solid theoretical basis,to appear in court litigation system by the head of the operation to be more perfect,make it become a relatively mature system of administrative litigation law,still need our head of the executive branch have a clear understanding of the status quo of court litigation system,and carries on the objective and rational analysis.In this paper,in addition to the preface and epilogue is divided into three parts altogether.The first part mainly analyzes the contents of the administrative organ to appear in court,head of the litigation system in our country to establish the basis.Introduces the academic discussion about establish a system to appear in court litigation,head of the executive authorities shall be.No matter for the system with a positive attitude is objective and rational attitude of scholars,mostly affirmed the system for effective resolving administrative disputes.The second part is about the practice of the administrative organ to appear in court litigation,head of the reflection.Mainly from the related specifications of the text and practice operation condition are introduced,and points out that the conflict in the norms that exist in the text and practice run into trouble.The last part of the content is to improve the system of administrative organs to appear in court litigation,head of the relevant Suggestions are put forward.From the aspect of legislation,the judicial level,the administrative authority itself perspective,puts forward some perfecting Suggestions respectively.