In an administrative litigation case after reconsideration, if the reconsideration organ is a separate defendant, the person in charge of the reconsideration organ shall appear in court to respond; If the administrative organ that made the original administrative act and the reconsideration organ are co-defendants, the person in charge of the administrative organ that made the original administrative act shall appear in court to respond to the lawsuit, and the reconsideration organ may entrust staff to appear in court to respond to the lawsuit.
The person in charge of the legal department of the people's government at the corresponding level (hereinafter referred to as the legal department of the government) may appear in court as other persons in charge of the people's government of the city or district in administrative litigation cases reconsidered by the people's government of the city or district.
In administrative litigation cases caused by administrative acts made in the name of the municipal or district people's governments according to law, the administrative organ that specifically implements the administrative acts shall be responsible for the specific responding work. Article 5 When appearing in court, the person in charge of an administrative organ shall submit to the people's court materials that can prove the position of the person in charge of the administrative organ.
If the person in charge of an administrative organ is unable to appear in court for justified reasons, he shall entrust the corresponding staff of the organ to appear in court, and shall not only entrust a lawyer to appear in court. When a staff member appears in court, he shall submit a statement to the people's court, which shall be stamped with the seal of the administrative organ or signed by the principal responsible person of the administrative organ for approval. Article 6 Under any of the following circumstances, the principal responsible person of an administrative organ shall appear in court to respond to the lawsuit:
(1) Group litigation cases with high social concern and great social impact caused by house expropriation on state-owned land, collective land expropriation, major safety accidents and resource and environmental protection;
(two) cases that are not satisfied with the decision to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, wasteland and beaches. , and has a greater social impact;
(3) Major foreign-related cases;
(four) cases in which the government at the same level or the competent department at a higher level requires the principal responsible person of the administrative organ to appear in court, and the people's court requires the principal responsible person of the administrative organ to appear in court;
(5) Cases brought for trial in the Supreme People's Court and public interest litigation cases brought by procuratorial organs;
(six) the parties to the petition case seek judicial channels to resolve administrative disputes, which has a significant social impact.
If the principal responsible person of an administrative organ is unable to appear in court due to important government activities, going abroad on business, being hospitalized due to illness or force majeure, he may entrust the deputy responsible person of the organ to appear in court, but he may not only entrust other responsible persons or staff in charge to appear in court. Article 7 The person in charge of an administrative organ shall actively perform the duty of responding to the lawsuit, take the initiative to participate in the trial, cooperate with the people's court to find out the case, actively assist the people's court to carry out mediation work according to law, and promote case reconciliation. The plaintiff shall not be withdrawn by illegal means such as deception or coercion.
The person in charge of the administrative organ shall urge the organ to consciously perform the effective administrative litigation judgment documents, and shall not make an administrative act that is basically the same as the original administrative act with the same facts and reasons as the judgment of the people's court. Article 8 The legal departments of the municipal and district governments shall be responsible for guiding, supervising and coordinating the work of the responsible persons of administrative organs appearing in court and responding to lawsuits within their respective jurisdictions. Article 9 The legal departments of municipal and district governments shall, according to the actual situation, select typical cases and organize the heads of administrative organs and administrative law enforcement personnel within their respective jurisdictions to participate in the trial as observers.
The legal department of the municipal and district government shall establish a contact system with the people's court at the same level for the person in charge of the administrative organ to appear in court, keep abreast of the appearance of the person in charge of the administrative organ, regularly summarize the appearance of the person in charge of the local administrative organ, and report it to the people's government at the same level for notification. Article 10 The responding work of the person in charge of an administrative organ shall be included in the annual performance appraisal of the rule of law construction in the whole city, and the responding situation of the main person in charge of an administrative organ shall be taken as the key assessment content. Article 11 If the person in charge of the working department of the Municipal People's Government and the administrative organ of the District People's Government fails to appear in court as required, the legal affairs department of the municipal government shall draw the Municipal People's Government to give informed criticism; If the person in charge of the working department of the District People's Government, the Township People's Government and the administrative organ of the sub-district office fails to appear in court in accordance with the provisions, the legal affairs department of the district government shall draw the District People's Government to give informed criticism. Article 12 In case of any of the following circumstances, the person in charge of an administrative organ or the relevant staff member shall be punished in accordance with the relevant provisions of the Administrative Procedure Law of the People's Republic of China, the Supervision Law of People's Republic of China (PRC) and the Regulations on Disciplinary Actions of Civil Servants of Administrative Organs (Order No.495 of the State Council):
(a) Without the leave of the court;
(2) Failing to reply, give evidence or respond to the lawsuit according to law, resulting in losing the case;
(3) Interfering with or obstructing the people's court from accepting administrative cases according to law;
(4) forcing the plaintiff to withdraw the lawsuit by deception, coercion or other illegal means;
(five) refusing to perform the effective judgment of the people's court on administrative cases;
(six) there are other illegal acts in the activities of responding to the lawsuit in court, and the people's court has issued judicial suggestions to correct them.