| With the addition of "manifestly inappropriate" provisions to the Administrative procedure Law in 2014,the people's Court has been able to review administrative discretion to a deeper extent.There are no clear rules on the referee's path,The application of "obviously improper" in judicial practice has great controversy."Jinan City Public passenger Transport Management Service Center and Chen Administrative punishment case" is a typical case of obviously improper administrative punishment.In this case,Chen,the plaintiff,has a dispute over the administrative penalty of 20,000 yuan imposed by the defendant,the Jinan City Public passenger Transport Management Service Center,for carrying out the operation of "car-chartering" without a license.This case involves two major points of dispute.First,Chen without a license to carry out the "net car ride" passenger service behavior constitutes"illegal operation"?Second,the extent of the administrative penalty being sued,whether the amount of money is abnormally heavy,constitutes "obviously inappropriate"?Based on the analysis of the qualitative basis of "ride-hailing",this paper defines the concrete performance of "obviously improper",determines the standard and the path of the referee,and draws a conclusion to the above problems:first,the emerging thing of "net-chartering" should be in accordance with the current law.According to the law,there is no difference between the "net and the taxi" in nature,and the operation of the "net car" must be carried out by applying the relevant legal regulations of the taxi to obtain the operating license.Chen's behavior of operating without a license constitutes "illegal operation." second,"car-sharing" has a positive effect on mass travel,and its social harmfulness is small.The amount of money obviously exceeds the extent of social harm caused by Chen's behavior.The accused administrative punishment does not conform to the principle of proportionality and constitutes "obviously improper". |
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