Judicial Review Of Apparently Inappropriate Administrative Actions

The article 70 of the Administrative Procedure Law of the People's Republic of China which was newly amended in 2014 have increased an item of” obvious impropriety”.The principle of obvious impropriety acts as a control standard of administrative discretion.It is an important way to investigate the administrative behavior and to balance the executive power and the judicial power.If the administrative organs behave seriously unreasonably and abuse the administrative discretion,it is necessary to make the judicial investigation a substantial legitimacy investigation and it demands the administrative organs not only to obey legal authorization but also to follow the value systems of authorized norms on the law enforcement.But “obvious impropriety” is not a certain legal concept.Both the legislature and the judicial organ have not defined its concept,connotation,extension and even the identification criteria.The "obvious impropriety" examination standard is the specific application of the administrative rationality principle in judicial practice.Administrative rationality principle expands constantly and it influences the examination scope of obviously improper administrative behavior continuously.Administrative rationality principle reflects in contents of administrative behavior and it also requires that the administrative behavior must keep consistent with administrative purpose,legal spirit and the general principles of administrative law.There still exists many problems in the practice of judicial investigation,such as the generalization of its scope of application,the ambiguity of judicial investigation standard the lack of relevant systems to cohesion and the imperfect of judicial investigation results and so on.This article seek after the connotation and extension of “obvious impropriety “in practice by means of legislative intent,in order to clarify its specific criteria and survey the different identification criteria in theory circle.