Interim Provisions For The Administration Officials Appear In Court In Wuhan City

Original Language Title: 武汉市行政机关负责人出庭应诉暂行规定

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  Article-specification for the Executive Head of the administrative litigation court litigation work, promote the construction of Government governed by law, in accordance with the People's Republic of China provisions of administrative procedure law and other laws and regulations, combined with the city's actual, these provisions are formulated.

Head of the executive authorities referred to in the provisions of article, including the Chief of the Executive Director and Deputy head.

Provisions of this article apply to the municipal people's Government departments and their administrative law enforcement organs and laws and regulations authorize the exercise of administrative authority of municipal organization.

Fourth administrative acts of the executive authorities, or laws and regulations authorized by the organizations responsible for responding to work; the law on behalf of the municipal people's Government of the administrative cases of administrative litigation Act, undertaken by a specific administrative body or laws and regulations authorized by the organizations responsible for responding to work. Fifth article should be determined by the Executive Head of the administrative litigation case appear in court.

Justifiable not to appear in court, head of the executive authorities, appropriate staff shall be commissioned by the authority to appear in court.

Administrative cases unit this year, Chief leaders appear in court shall not be less than 1. Sixth article following court trial of administrative litigation case, should v organ Chief head should appear should v: (a) should v organ annual first pieces administrative litigation case; (ii) a trial sued organ losing of II trial administrative litigation case; (three) petition backlog party sought judicial way resolve disputes of administrative litigation case; (four) major security accident, and major environmental protection, social effect big of administrative litigation case; (five) on confirmed land, and mineral, and flow, and forest, and mountain, and Heath, and

Beaches and other natural resources disagrees with the decision of the ownership or the right of administrative litigation cases; (vi) major foreign-related cases; (g) the level of Government or the competent authorities should require the respondent Authority Chief heads to appear in court litigation as well as the head of the Court require the respondent Authority Chief Court responsive administrative cases.

Provisions of the preceding paragraph should be determined by the Executive Head of the Chief Court of appeal case, head of the Chief of the Executive does have legitimate reasons not to appear in court, and may appoint a Deputy Head of the unit appear in court.

Article seventh administrative court case number or administrative law enforcement duties of an administrative organ or organization authorized by the laws and regulations, should choose typical cases each year, heads of organizational units and administration of administrative law enforcement personnel to participate in trials as observers. Eighth head of the administrative organ in court pleading into the annual administrative work according to law the scope of examination.

For failing to appear in court pleading, Executive assessment methods in accordance with law to deal with it.

Nineth article sued organ in administrative litigation process in the, has following case one of of, by sibling Government or monitored sector informed criticism and according to about provides held corresponding responsibility: (a) should v organ Chief head not according to provides appear should v of; (ii) for not law reply, and proof, and sued and led to administrative litigation case losing and caused major economic loss or serious consequences of; (three) appear sued activities in the exists other violations of. Tenth article of the regulations as of the date of promulgation. The district people's Government (including Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, Wuhan East Lake ecological tourism scenic spot, and the city zone management Committee) Executive Heads of administrative litigation in court pleading by reference to these regulations performed. This city ever made and the heads of relevant administrative organs to appear responsive documents are inconsistent with the content of this provision, in accordance with the provisions of the implementation.

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