Research On Obviously Improper Administrative Punishment

The "Administrative Procedures Law" revised in 2014 changed the "implicit administrative penalties to be unfair" to "obvious administrative penalties," which is an improvement in the administrative litigation law.However,as the provision itself is more general,there is no agreement between the academic and judicial practice circles on the concept,manifestation,judgment standards and judicial review of the "clearly inappropriate" administrative penalty.Therefore,it is necessary to conduct a study on the apparently improper administrative penalty in order to better regulate the behavior of administrative punishment and improve the judicial review system of administrative punishment.In addition to the introduction and the abstract,this article is divided into four parts.The first part is the theoretical interpretation of administrative misconduct.Obviously inappropriate as an uncertain legal concept should be based on the level of understanding of the general public.With regard to its nature,the apparently improper legal nature of administrative penalties constitutes a material violation of the law and is a matter of legitimacy.In addition,through the comparative study of clearly improper administrative punishment,unfairness,and abuse of power,it is found that there are obvious similarities and differences between the apparently improper administrative penalty,unfairness,and abuse of power,and they cannot substitute for each other.The second part shows the concrete manifestation of administrative penalties.The specific manifestations of clearly improper administrative penalties include obviously inappropriate content,obviously inappropriate processes,and clearly improperly punished punishments.The content is obviously inappropriate,including inaccurate,inappropriate,and punished content is unfounded.The process is obviously inappropriate,referring to the fact that in the entire process of administrative punishment,the administrative subject has obviously inappropriate and obvious irrational circumstances,mainly referring to the violation of the due process principle and the concrete manifestation of various obvious procedures in the process of administrative punishment.Obviously improperly punished means that the amount,degree,or type of administrative penalty is obviously inappropriate,and it usually manifests itself as improper punishment and different punishments.The third part is the standard of judging whether the administrative penalty is obviously inappropriate.Whether administrative punishment is obviously inappropriate can be judged by the following five criteria:whether it meets the spirit of legislation,whether it meets the requirements of proportionality,whether it treats all parties fairly and impartially,whether it meets the principle of due process,and whether it conforms to public order and good customs.The administrative penalty that deviates from the five standards constitutes a clear misconduct.Part IV:Judicial review of administrative penalties that are obviously inappropriate.This section starts from the principles of judicial review,the scope of the review,the results of the review,etc.It discusses in detail the judicial review of clearly improper administrative penalties.Obviously improper judicial review of administrative penalties should uphold the principle of legitimacy review and the principle of rationality review.The scope of examination of administrative penalties that are obviously inappropriate is divided according to the elements of judicial review,including the review of administrative procedures,the examination of the application of laws and regulations,and the examination of the results of processing.At the same time,because there is no obvious inappropriate application space in the determination of administrative subjects,the identification of evidence,and the identification of factual issues,they do not fall under the scope of the examination of administrative penalties.For a judicial decision that is obviously inappropriate in administrative punishment,it is first necessary to clarify the application of the decision of revocation and change,clarify that the judgment of revocation should be in a fundamental position in cases where the administrative punishment is obviously inappropriate,and the change judgment will play a supplementary role on this basis.It is a case that culpably wronged punishment;secondly,it should propose to increase the verdict of obviously inappropriate,so as to meet the need for judicial review of apparently inappropriate cases of administrative punishment.