Research On Judicial Judgment Of "Obviously Improper" Administrative Action

Of the administrative procedural law "promulgated in 2015,the new increase" obvious inappropriateness "as in article seventy of the people's court review of administrative action,the sixth item standard,this change has broken the past of the people's court to cope with rationality review administrative behavior problems,to court is irrational in the content level of administrative act judicial review has provided a legal basis.However,the principle of "manifestly improper" also brings many problems to the actual trial work.Through sorting out,analyzing and summarizing the guiding cases of administrative cases issued by the supreme people's court and the typical administrative cases judged by the provinces on the rationality of administrative ACTS,the author finds that there are mainly the following problems in the actual trial work: first,the scope of application of "obvious improper" is not clear.When deciding a specific case,the judge overlaps or crossapplies "obvious misconduct" with other standards for reviewing administrative ACTS,such as "violation of legal procedures";Second,the application of "obvious improper" in judicial practice is confused,and there is overlap and cross-application in judgment documents.Third,China has not established a perfect administrative discretion benchmark system;Fourth,China does not have a clear and detailed standard for determining whether a specific administrative act is "obviously improper",resulting in poor operability in specific trial practice.To solve these problems,the author through to the administrative action "obvious" improper analysis of the concept,connotation and denotation,combined with the practice of relevant judicial work,put forward to perfect administrative act "clearly inappropriate" judicial decision research proposal: compared with other review elements,analysis,and defines the scope of "clearly inappropriate",for the correct improper "obvious" clause to lay the foundation;Sort out the judge cases,and make clear the way of applying the concept of "obviously improper";The establishment and perfection of the administrative discretion benchmark system,on the one hand,provides a clear basis for the judicial review of the court,on the other hand,forms the restriction and restriction on the administrative organ itself;A comprehensive consideration of a variety of factors,improve the administrative act "obvious improper" judicial judgment of the specific standards.Through these measures,the predicament of the people's court in reviewing improper administrative ACTS is broken,and on this basis,the mode of establishing judicial judgment of "obvious improper" administrative ACTS is further explored.