China News Service, June 23, according to the official WeChat news of the Supreme Law, the "Provisions of the Supreme People's Court on Several Issues Concerning the Responsibility of the Heads of Administrative Organs to Appear in Court" was discussed and passed by the Supreme People's Court Judging Committee at the 1797th meeting on March 23, It was officially released on June 23. The judicial interpretation of the person in charge of the administrative organ in court has clarified four situations in which the person in charge of the administrative organ cannot appear in court, such as force majeure, unexpected events, the need to perform official duties that cannot be replaced by others, and other legitimate reasons for being unable to appear in court.
The judicial interpretation of the head of the administrative organ to respond to the case is clear. The head of the responded administrative organ specified in Article 3, paragraph 3 of the Administrative Procedure Law includes the official, deputy head of the administrative organ, and the level of deputy post involved in the implementation of the administrative action of the accused. Person in charge and other person in charge of participation in charge. The person in charge of the organization entrusted by the accused administrative organ or the lower-level administrative organ cannot appear as the head of the accused administrative organ.
For an administrative case with a common defendant, the person in charge of the administrative organ may be determined by the joint defendant through consultations;
The head of the administrative organ responded to the judicial interpretation and mentioned that for cases involving major public interests such as food and drug safety, ecological environment and resource protection, and public health safety, which are highly concerned by the society or may trigger mass incidents, the people’s court should notify the administration The person in charge of the organ appears in court to respond. In one of the following situations, if the person in charge of the administrative organ is required to appear in court, the people's court may notify the person in charge of the administrative organ to appear in court to respond to the lawsuit: the administrative action involved involves significant personal or property rights of citizens, legal persons or other organizations; administrative public interest litigation; Where the regulatory documents of the higher authority of the administrative organ require the person in charge of the administrative organ to appear in court to respond to the case; the people's court deems it necessary to notify the person in charge of the administrative organ to appear in court to respond to other cases.
The judicial interpretation of the person in charge of the administrative organ to appear in court is clear, and one of the following circumstances belongs to the situation in which the person in charge of the administrative organ specified in Article 3, paragraph 3 of the Administrative Procedure Law cannot appear in court: force majeure; unexpected events; Official duties; other legitimate reasons for being unable to appear in court.
If the person in charge of the administrative organ is unable to appear in court for justified reasons, he shall submit relevant certification materials, and affix the seal of the administrative organ or be signed and approved by the main person in charge of the organ. The people's court shall examine the reasons for the person in charge of the administrative organ not to appear in court and the supporting materials. If the person in charge of the administrative organ fails to appear in court for justified reasons, and the administrative organ applies for postponement of the trial, the people’s court may permit it; the people’s court may also decide to postpone the trial in accordance with its authority.
In one of the following situations, the people's court shall submit judicial advice to the supervisory organ and the administrative organ at the higher level of the administrative organ to be sued: the person in charge of the administrative organ did not appear in court to respond to the complaint, and the reasons were not stated or the reasons were not established; the administrative organ is justified Reasons for applying for postponement of court hearings, and when the people's court approves the court hearing again, the person in charge of the administrative agency still fails to appear in court and has no justification; neither the person in charge of the administrative agency nor the corresponding staff of the administrative agency will appear in court; If the person in charge of the agency withdrew from the court halfway without the permission of the court; the people's court requested the person in charge of the administrative agency to explain or explain the relevant issues during the court trial, but the person in charge of the administrative agency refused to explain or explain, which caused the trial to fail.
In one of the circumstances in the preceding paragraph, the people's court shall record the case and specify it in the judgment document.