Research On The System Of The Executive Leadership Appearing In Court

As a judicial system with Chinese characteristics,the principal of the administrative organ appearing in court（hereinafter referred to as "appearing in court"）has achieved good results after long-term implementation.However,the author found that the basic theory and specific implementation of the system are in the primary stage,facing many imperfections,which seriously affected the strict implementation of the system.Therefore,it is necessary to analyze the development status and existing difficulties of the system,enrich the basic theoretical research results,and lay a theoretical foundation for the successful implementation of the system.The text of the article is divided into five parts:First,it discusses the basic theory of system.This part starts with the analysis of the concept and clarifies the internal legal logic;Then it combs the development process of the system of appearing in court;Then it analyzes the value and significance of the system,so as to have an overall grasp of the system.Secondly,it discusses the implementation of the system.This part first analyzes the positive trend of the system operation,and affirms the development achievements since the implementation from the perspective of the successive introduction of normative documents and the overall rise of the response rate to court;At the same time,it analyzes the problems existing in the operation of the system.Among them,the typical problems are as follows: the chief executive of the administrative organ（hereinafter referred to as the Chief Executive）has common exceptions to appear in court;Poor effectiveness in responding to lawsuits in court.Thirdly,it analyzes the reasons for the problems in the operation of the system.This part mainly analyzes the reasons for the problems in the operation of the system from two aspects: the imperfect basis of the system and the inadequate protection of responding to lawsuits in court.The main reason is that the standards and procedures for examination of justifiable reasons are not clear;The starting mode for the principal to appear in court is single;The negative responsibility of responding to a lawsuit is not clear enough;It is not clear which cases need to appear in court;The legal thinking of the responsible person needs to be improved;The person in charge has insufficient comprehensive ability to respond to lawsuits;Insufficient judicial supervision,etc.Finally,this part discusses the improvement suggestions.This part mainly starts from two aspects: the legislative level and related supporting measures.In the aspect of legislation,it is mainly from clarifying the examination of being unable to appear in court for legitimate reasons;Endow the plaintiff of administrative litigation with "interactive claim right";Clarify the responsibility of the responsible person for responding to the lawsuit negatively;Clear the types of cases that should appear in court;At the level of supporting measures,it is mainly to improve the guarantee for the heads of administrative organs to respond to lawsuits in court,mainly including enhancing the thinking of the heads of administrative organs to respond to lawsuits in court;Constructing the evaluation mechanism with the chief judge as the main judge;Perfecting the judicial suggestion mechanism;Improve the system of improving the ability to respond to lawsuits;Improve the pre-litigation preparation mechanism;Build a diversified assessment mechanism.