The Construction And Practice Reflection Of The System Of Appearing In Court To Respond To Complaints By The Head Of Administrative Organs

The reason why the system of the person in charge of the administrative organ appearing in court with Chinese characteristics,which originated from the local judicial practice,has been vigorously promoted and implemented is that it bears multiple functions and reflects multiple values,and is an effective institutional attempt to communicate administrative power and judicial power.This article will focus on the plight of the system construction and operation after the implementation of the Supreme Law "Provisions" in 2020,which is mainly divided into three parts:The first part starts with the basic concept of the system,clarifies the positioning of the system,straightens out its operation logic,clarifies the difference with other systems,and explains the value significance and preset purpose of this system from the perspective of resolving disputes and improving governance capacity;The second part,combined with judicial practice and through case and data analysis,comprehensively examines the current situation and shortcomings of the system operation from the perspectives of legislative text system construction and judicial practice,achievements and problems.Specifically,before and after the promulgation of the Provisions on Appearing in Court to Respond to Complaints in 2020,relevant documents around the country have sprung up,and the content of the system has been continuously refined and improved in accordance with the spirit of legislation.The normative system has become increasingly sound and perfect.However,in-depth analysis of relevant normative documents can find that,in fact,it inevitably has many problems,such as vague conceptual boundaries,meaningless duplication,and various lines of action,It affects the healthy operation and effectiveness of the system.As for the practical level,the digital indicators such as the rate of responding to court appeals in various places are booming,but there are many dilemmas behind it,such as the simplification of the evaluation mechanism,the implementation of the system,and the polarization of the system.In view of various problems in the construction of administrative litigation system and judicial practice,the third part puts forward suggestions to improve the system.First of all,from the perspective of system effectiveness,we should improve the system construction at the legal level,refine the rigid constraints of the person in charge to appear in court,let the person in charge who really needs to appear in court appear in court to respond to the lawsuit,and in the practical level,we should prevent the idea of seeking success in a hurry,and implement it scientifically and reasonably to a limited extent,Prevent the unlimited mobilization and movement flooding.Grasp the core of effectiveness,based on the consideration of actual national conditions,and based on local judicial practice,improve the evaluation mechanism,judicial advice and other supporting mechanisms,so as to promote the system to obtain continuous vitality in judicial practice under the new situation,and then help to achieve the preset purpose of the system,that is,the two-way improvement of the ability to substantially resolve administrative disputes and the level of governance.