Abstract：As a practical exploration with the Chinese local characteristics, the head of administrative organ appearing in court to respond to lawsuits has experienced three stages in the past 24 years: the initial stage driven by documents, the growth stage of the system being formally incorporated into the law and the expansion stage of the implementation of judicial interpretation. In the new era of comprehensively promoting the rule of law, the institutional function of the head of administrative organ appearing in court to respond to lawsuits should be completely explained. In view of the integrated construction of a country under the rule of law, a government under the rule of law and a society under the rule of law, the head of administrative organ appearing in court to respond to lawsuits has the value of the times that the universal observance of law is driven by law-abiding officials, substantive resolution is promoted through communication between officials and people and the governance of litigation source is realized through individual cases handled. The typical cases published by the Supreme People's Court provide strong evidence for this. Following the development logic of the rule of law that the construction of a government under the rule of law should take the lead in making a breakthrough and driving the construction of a society under the rule of law, improvement is necessary in three aspects: the judicial discretion in the delimitation of the scope of cases that must appear in court, the response performance of the orientation of substantive settlement of administrative disputes, and the public evaluation of the actual effect of the person in charge to appear in court.
章志远. 法治一体建设视域中的行政机关负责人出庭应诉[J]. 浙江工商大学学报, 2022, 36(3): 34-43.
ZHANG Zhiyuan. The Head of Administrative Organ Appearing in Court to Respond to Lawsuits in the Perspective of Integrated Construction of the Rule of law. Journal of Zhejing Gongshang University, 2022, 36(3): 34-43.
2022, Vol. 36 
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