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Notice of the Supreme People's Court on Issues concerning the Response to Administrative Litigation [Effective]
最高人民法院关于行政诉讼应诉若干问题的通知 [现行有效]
【法宝引证码】

Notice of the Supreme People's Court on Issues concerning the Response to Administrative Litigation 

最高人民法院关于行政诉讼应诉若干问题的通知

(No. 260 [2016] of the Supreme People's Court) (法〔2016〕260号)

The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Regions: 各省、自治区、直辖市高级人民法院,解放军军事法院,新疆维吾尔自治区高级人民法院生产建设兵团分院:
On October 13, 2015, the Central Leading Group for Comprehensively Deepening the Reform discussed and adopted the Opinions on Strengthening and Improving the Response to Administrative Litigation (hereinafter referred to as the “Opinions人丑就要多读书”), which specifies that administrative organs shall support the acceptance and trial of administrative cases by people's courts, safeguard the right of citizens, legal persons and other organizations to file complaints, carefully conduct defense and produce evidence, perform their duty of responding to litigation in court according to the law and cooperate with people's courts in court trials. On June 27, 2016, the General Office of the State Council officially issued the Opinions in Document No. 54 [2016] of the General Office of the State Council. The issuance of the Opinions is of great significance in further improving the people's courts' acceptance, trial and enforcement in respect of administrative cases, giving full play to the function of administrative trials, effectively supervising the administration by law by administrative organs and raising the ability of leading cadres to study and use laws. In accordance with the relevant provisions of the Administrative Litigation Law, with the view of further regulating and promoting the response to administrative litigation, you are hereby notified of the relevant issues as follows: 中央全面深化改革领导小组于2015年10月13日讨论通过了《关于加强和改进行政应诉工作的意见》(以下简称《意见》),明确提出行政机关要支持人民法院受理和审理行政案件,保障公民、法人和其他组织的起诉权利,认真做好答辩举证工作,依法履行出庭应诉职责,配合人民法院做好开庭审理工作。2016年6月27日,国务院办公厅以国办发〔2016〕54号文形式正式发布了《意见》《意见》的出台,对于人民法院进一步做好行政案件的受理、审理和执行工作,全面发挥行政审判职能,有效监督行政机关依法行政,提高领导干部学法用法的能力,具有重大意义。根据行政诉讼法的相关规定,为进一步规范和促进行政应诉工作,现就有关问题通知如下:
I. Fully recognizing the great significance of regulating the response to administrative litigation   一、充分认识规范行政诉讼应诉的重大意义
Promoting the response to litigation in court by persons in charge of administrative organs is a major move for the effective implementation of the amended Administrative Litigation law; regulating the response to administrative litigation is a major move for guaranteeing the effective implementation of the administrative litigation law, comprehensively advancing the administration by law and accelerating the construction of a government ruled by law. With a view to implementing the requirement of “improve the system for administrative organs to respond to litigation in court, support the acceptance of administrative cases by courts, and respect and enforce the effective judgments made by courts” as stated in the Decision of the CPC Central Committee on Several Major Issues concerning Comprehensively Promoting the Rule of Law, the Opinions put forward specific requirements and make specific arrangements on strengthening and improving the response to administrative litigation from ten perspectives including, among others, “pay high attention to the response to administrative litigation,” “support the acceptance and trial of administrative cases by people's courts according to the law,” “carefully conduct defense and produce evidence,” “perform the duty of responding to litigation in court according to the law,” and “actively perform the effective judgments made by people's courts.”. The Opinions is China's first specialized document aimed at comprehensively regulating the response to administrative litigation, and people's courts at all levels shall, in light of the spirit of the Administrative Litigation Law, fully grasp the content of the Opinions, profoundly understand the essence of its spirit, fully recognize the great significance of the issuance of the Opinions and ensure the effective application of the Opinions in the trial of administrative cases by people's courts. People's courts at all levels shall report the implementation of the Opinions to local Party committees and people's congress, enhance their communication and connection with local governments, support local Party committees and governments in developing specific implementation measures for their respective regions, detail and improve the relevant working rules, and promote administrative organs in effectively responding to administrative litigation in court.
......
 推动行政机关负责人出庭应诉,是贯彻落实修改后的行政诉讼法的重要举措;规范行政诉讼应诉,是保障行政诉讼法有效实施,全面推进依法行政,加快建设法治政府的重要举措。为贯彻落实《中共中央关于全面推进依法治国若干重大问题的决定》关于“健全行政机关依法出庭应诉、支持法院受理行政案件、尊重并执行法院生效裁判的制度”的要求,《意见》

哎哟不错哦

从“高度重视行政应诉工作”“支持人民法院依法受理和审理行政案件”“认真做好答辩举证工作”“依法履行出庭应诉职责”“积极履行人民法院生效裁判”等十个方面对加强和改进行政应诉工作提出明确要求,作出具体部署。《意见》是我国首个全面规范行政应诉工作的专门性文件,各级人民法院要结合行政诉讼法的规定精神,全面把握《意见》内容,深刻领会精神实质,充分认识《意见》出台的重大意义,确保《意见》在人民法院行政审判领域落地生根。要及时向当地党委、人大汇报《意见》贯彻落实情况,加强与政府的沟通联系,支持地方党委政府出台本地区的具体实施办法,细化完善相关工作制度,促进行政机关做好出庭应诉工作。
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