China News Agency, Beijing, June 23 (Zhu Chenxi, Zhang Su) "If the person in charge of the administrative organ does not speak in court and does not respond to the complaint, the effectiveness of the trial will be greatly reduced." Huang Yongwei, President of the Administrative Trial Division of the Supreme People's Court of China, said To this end, a judicial interpretation issued on the 23rd by the Supreme Law ensures that the person in charge of the administrative organ "will appear again in court".
The judicial interpretation clearly stipulates that the person in charge of the respondent administrative agency prescribed in Article 3, paragraph 3 of the Administrative Procedure Law appears in court to refer to the case, which means that the person in charge of the respondent administrative agency appears in court in first, second and retrial proceedings Participate in litigation, exercise litigation rights and perform litigation obligations. Huang Yongwei said that the system of responding to the lawsuit by the head of the administrative organ not only meets the basic requirements of the system of chief executive responsibility in administrative management, but also conforms to the simple concept of equality between the Chinese "government" and the people.
In addition to the above-mentioned "not speaking in court" problem, Huang Yongwei said that in judicial practice, the head of the administrative agency responded to the court and the ratio of the head of the court was not high. Some administrative agencies did not understand and did not cooperate with the court response. Ministries and commissions with a large number of cases that have occurred and have a heavy burden of responding to the court are in urgent need of uniform regulations.
This Judicial Interpretation, entitled "Provisions of the Supreme People's Court on Several Issues Concerning the Responsibility of the Responsible Persons of the Administrative Organs in Court", clarifies the definition and scope of the responsible persons in charge of administrative organs to appear in court and ensures the correctness of the system It is applicable to clarify the justification for the person in charge of the administrative organ not to appear in court, and to regulate the situation in which the person in charge cannot appear in court.
It stipulates that during the court hearing, the person in charge of the administrative organ shall actively speak and participate in the substantive resolution of the administrative disputes involved in the case. The person in charge of the administrative agency or the corresponding staff entrusted by the administrative agency shall present, defend, submit evidence, debate, issue final opinions on the case, explain the normative documents on which it is based, etc.
In order to further promote the work of the person in charge in court, the judicial interpretation has appropriately expanded the scope of the person in charge, and on the original basis, the person in charge of the deputy level involved in the implementation of the administrative action of the accused has been added. It is clearly stipulated that the corresponding staff members are limited to the staff members who specifically exercise administrative functions and powers in the administrative organs sued. 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.
Regarding the cases in which individual heads of local administrative agencies are not active and uncooperative in responding to court proceedings, the judicial interpretation also lists five specific situations in which the person in charge of the court is not fulfilling his duty to respond to court, and stipulates the relevant measures that the people's court should take. (Finish)