Beijing Issued Guiding Opinions to Promote Heads of Administrative Organs to Appear in Court to Respond to Litigation

2023-03-29

Recently, the Office of the Beijing Municipal Committee of the Communist Party of China for Fully Governing the City According to Law issued the "Guiding Opinions on Comprehensively and Deeply Promoting the Work of Leading Persons in Administrative Organs to Respond to Lawsuits in Court" (hereinafter referred to as the "Opinions"), promoting the work of leading persons in administrative organs to respond to lawsuits in court to deepen and deepen. The Opinions clarify the scope and determination principles of the responsible person of the administrative organ who appears in court to respond to the lawsuit, and require that the principal responsible person of the administrative organ should take the lead in performing the responsibility of appearing in court to respond to the lawsuit. If the principal responsible person cannot appear in court to respond to the lawsuit, in principle, the deputy responsible person in charge of the sued administrative act should appear in court to respond to the lawsuit; For cases involving major public interests such as food and drug safety, ecological environment and resource protection, public health and safety, cases of high social concern, and cases that may trigger mass incidents, the people's court shall notify the person in charge of the administrative organ in writing to appear in court to respond to the case, and the person in charge of the administrative organ shall appear in court to respond to the case. In order to ensure the effectiveness of responding to the lawsuit, the Opinions also put forward clear requirements for the process of responding to the lawsuit. During the court hearing, the responsible person of the administrative organ should actively participate in making statements, defending, submitting evidence, debating, and issuing final opinions, explaining the normative documents on which they are based, and expressing opinions on the substantive resolution of administrative disputes. After appearing in court to respond to a lawsuit, the person in charge of an administrative organ should promptly summarize their experience, carefully study the law enforcement behavior and basis reflected in the court trial, and promptly rectify them. (Liao Xinshe)

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:People.cn

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