The Judgment And Standard Of Obviously Improper Administrative Behavior

Article 70 of the Administrative Procedure Law amended in 2014 regards “obviously inappropriate” as one of the criteria for judging the illegality of administrative actions,and regards it as one of the legal circumstances for revoking judgments and re-judgement.At the same time,Article 77 of the "Administrative Procedure Law" regards "apparently improper administrative punishment" as one of the statutory circumstances in which the court can make a change judgment.It can be seen from this that China's "Administrative Procedure Law" has established "apparently inappropriate" as the standard for the review of the legality and rationality of administrative actions,thus achieving the convergence with the "Administrative Review Law" and the scope of "apparently inappropriate" review Expand to all administrative actions.However,neither the "Administrative Procedure Law" nor the relevant judicial interpretations have clearly defined the exact meaning of "obviously inappropriate",and what judgment standards and methods should be adopted for "obviously inappropriate".In judicial practice,the court's application and determination of "obviously inappropriate" has not formed a unified rule of adjudication,and even there is a certain degree of confusion.Therefore,it is necessary to study the problem of "obviously inappropriate" judgment from the theoretical and practical levels to further promote the correct application of this standard.Based on the definition and analysis of the concept of "obviously inappropriate",this article compares the concepts of "obviously inappropriate" with "abuse of authority" and "obviously unjust",and clarifies the meaning and extension of "obviously inappropriate",and further reveals the "obviously inappropriate" The status and value of "improper" in revoking judgments and changing judgments;at the same time,through the review of existing "obviously improper" academic research and judicial practice,it is found that the current academic community's determination of "obviously inappropriate" judgment standards mainly focuses on: 1,Reasonably consider the relevant factors;2.The principle of proportionality;3.The three aspects of the principle of equality,while the judicial opinions in judicial practice are mainly focused on: 1.No consideration of the factors that should be considered;2.Failure to follow the principle of proportionality;3.No justification Different treatment of reasons;4.Violation of the four principles of trust protection,through comparison,we can find that there is confusion in the application of "obviously inappropriate" review standards.The root cause of this problem lies in the uncertain scope of application and uncertain judgment.standard.Therefore,without changing the existing legal system,it is particularly necessary to study how to perfect the "clearly inappropriate" review standards.However,it is difficult to solve this problem at present.It can only be improved by clearing the criteria of "obviously inappropriate" and reasonable balance of judicial review,but I believe that with the improvement of China's judicial system,the "obviously inappropriate" system The day when the court will provide more theoretical support and practical guidance for the rationality review of the court will soon come.