Research On Evident Inappropriateness Of The Administrative Act

The evident misconduct of administrative act is the abuse of discretionary power in the real sense.Therefore,it is most effective to remedy and prevent the evident improper administrative act from the standard administrative discretion.In view of the evident inappropriateness relief of administrative act,administrative litigation and administrative reconsideration is by far the most commonly used and most effective way of relief,administrative letters and visits and supervisory relief way have the characteristics of convenient and efficient relief,the administrative compensation relief is the damage compensation way of relief.Is worth for reference in our country,the ombudsman system as a kind of is new relief way,with the characteristics of a pragmatic and flexible in relief evident inappropriateness of the administrative action will play a good social effect.In view of the prevention of evident improper administrative acts,the prevention is mainly from two aspects,namely,the external supervision and control of administrative bodies and the internal norms of administrative personnel.Among them,the improvement of the accountability legislation and the elaboration of the discretionary benchmark is the external control of the abuse of administrative power by the entity.Strengthening administrative hearing,strengthening the reason and promoting administrative openness are the external control of administrative abuse.Administrative personnel training regularly,administrative staff in service education and other measures are from the internal to the administrative authority to regulate,which is also the fundamental way to prevent the evident improper administrative act.