| The second provision of Article 54 in China's Administrative Procedure Law is not determining the scope of"erroneous application of the law or regulations"of specific administrative actions, as well as relevant judicial explanation don't make further explanation. Although, the scope of"erroneous application of the law or regulations"is the focus of administrative law study. However, discrepancies arising from interpretation of the concepts and rational standard of erroneous application of the law or regulations are far from ended. One the other hand, the scope of erroneous application of the law or regulations is not only provided in laws, but also determined by judges'interpretation of such laws and regulations.Whereas, this thesis adopts a positivism method to classify and analyze the cases in connection erroneous application of the law or regulations for disclosing the true attitudes and skills exercised by judges in reviewing such cases. This thesis is helpful to improve the understanding between judges and scholars.This thesis generates three innovations as follows: (1) the court defined the content of"erroneous application of the law or regulations"can be summarized the conversion of the nine areas as not invoke any laws and regulations; quoted invalid laws and regulations; not invoke the provisions of the specific funds; not correct applicable conflict-of-laws rules don't accurately understand the laws and regulations; dispute that the facts did not accurately; breach of the statutory procedures transformation; breach of the statutory functions and powers of transformation; other circumstances. (2) In the case involving the scope of this paper, the author find out the fact that"erroneous application of the law or regulations"as one of the criteria, in fact it has a certain transparency provisions of the function. (3) In addition, from the perspective of functions, the author is giving some point of opinion and suggestions to improve its appeal of the revocation.
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