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行政机关负责人出庭应诉是指公民、法人或其他组织依法向人民法院提起行政诉讼,被诉行政机关的正职和副职负责人出庭应诉的一项诉讼活动。行政诉讼双方当事人因现实地位的悬殊使得由何人代表行政机关出庭应诉具有强烈的符号价值和象征意义,新修订的行政诉讼法将该项制度予以明确,具有创新精神和本土特色。目前,行政案件类型不断丰富,甚至还出现恶意诉讼、滥诉的情形,随着立案登记制的确立,受案数量更会显著增长。因此,有必要对行政机关负责人出庭应诉制度加以完善,使之得到有效执行,并最大限度地收到实效。
The appearance of the responsible person of an administrative organ in court is a litigation activity in which citizens, legal persons or other organizations bring an administrative lawsuit to the people’s court according to law and the principal and deputy responsible persons of the prosecuted administrative organ appear before the court. Due to the disparity of the actual status between the two parties of administrative litigation, the appearance of the respondent on behalf of the administrative organ has a strong symbolic value and symbolic meaning. The newly revised Administrative Procedure Law clarifies the system and has innovative spirit and local characteristics. At present, the types of administrative cases are continuously enriched, and even malicious litigation and abuse of litigation have taken place. With the establishment of the system of filing cases, the number of cases under investigation will increase significantly. Therefore, it is necessary to perfect the system of responding to court appearances by the person in charge of the administrative organ so that it can be effectively implemented and maximize its effectiveness.