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Persons in Charge of Administrative Organs Should Appear in Court to Respond to Complaints in Four Types of Cases
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Chinese
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Category：Legislative Updates
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Subject：Administrative action
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Keywords：administrative proceedings; respond to complaints
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Source：Pkulaw
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Publish Date：07-02-2020
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On June 23, the Supreme People's Court (SPC) issued the Provisions of the Supreme People's Court for Certain Issues Concerning Persons in Charge of Administrative Organs Appearing in Court to Respond to Complaints.
In a case that involves significant public interests, that draws great social attention, or that possibly leads to mass events in the fields of food and drug safety, ecological environment, resource protection, and public health safety, among others, the person in charge of an administrative organ against which a complaint is filed should appear in court.
According to the Regulations, any unreasonable refusal by the person in charge of an administrative organ to appear in court should be accompanied with relevant evidence and affixed with the seal of the administrative organ or their signature, and the people's court should examine the reason of refusal and evidential materials. Where the person in charge of an administrative organ is justified to not appear in court and the administrative organ applies for a postponed trial, the people's court may approve it.
In addition, people's courts are required to make judicial proposals to supervisory organs and administrative organs at a higher level against which a complaint is filed in the case where the reason of refusal is not specified or is invalid; the person in charge of an administrative organ and relevant officers unreasonably refuse the retrial of case even if the administrative organ is justified to apply for a postponed trial and the people's court grants its approval; both the person in charge of an administrative organ and relevant officers do not appear in court; an administrative organ retreats during a court session without permission; and the person in charge of an administrative organ refuses to give an explanation for relevant issues during a court session, interrupting the court session.
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