A Study On "obviously Improper" Administrative Behavior

Due to the lack of accurate definition of "obviously improper" in legislation and related judicial interpretations,the new "Administrative Procedure Law" has included "obviously improper" in legislation,and has produced different answers in theory and practice.In the theoretical field,after in-depth discussion by many scholars,the nature of "obviously inappropriate" administrative behavior and its manifestation in practice are obtained: "obviously inappropriate" administrative behavior is a form of legal and substantive administrative behavior,which belongs to "Illegal" category;"obviously improper" administrative behavior mainly manifests as improper content,improper methods and improper procedures.However,in the practice of administrative litigation,the judgment made by the court on the basis of "obviously inappropriate" is still inconsistent with the theoretical circle.Aiming at the application of "obviously improper" in practice,this article attempts to combine theory and case practice,based on the viewpoint of the theoretical community and the current status of the application of the "apparently improper" determination criteria,analyze the judgment ideas of individual cases,and summarize the findings in practice.The shortcomings of the "obviously inappropriate" standard of administrative behavior,in the way of regulating the "obviously inappropriate" administrative behavior and measures to reduce its occurrence,put forward suggestions for reference.The first part introduces the concept of "obviously inappropriate" and its manifestations.On the one hand,it clarifies the content of the concept of "obviously inappropriate" and its relationship with other related concepts.On the other hand,the combination of theoretical concepts and practical cases,The analysis results in a special manifestation of "obviously inappropriate" administrative behavior.The second part,in view of the harmfulness of the "obviously improper" administrative behavior,analyzes and summarizes the reasons for its occurrence and the necessity of regulation and the multiple paths of regulation.The third part,through combing the administrative litigation practice cases,explores the judgment standards obtained by the courts in practice,and summarizes the issues of the application of the "apparently inappropriate" judgment standards and related improvement suggestions in the courts in practice.The fourth part,through the above theory combined with the analysis of practical cases,based on the "obviously improper" regulation of administrative behavior,put forward relevant measures and suggestions from all aspects,that is,improve the legislative provisions;improve the relevant administrative procedures and systems;improve the judicial guidance mechanism: establish a unified The standard of determination;establish areasonable judicial discretion benchmark and other effective measures.