The Research Of Judicial Review’s Standards Of Governmental Apparent Misconduct

2014 was the first time for the Administrative Procedure Law to be amended since its formulation,One of the amendments was to include "obviously inappropriate" into Article 70 as a legal reason for People Court to revoke an administrative act via a legal way,the amendment provides a completely new way of thinking for courts to exam and cognize administrative acts,and bring the substantive and legal examination into the judicial cognizance of "obvious misconduct",has strengthened the People Court’s judicial authority aimed at executive power of administrative body,which is beneficial to the supervision and urging of administrative body to administer according to law and the acceleration of the construction of the law-based government.This article mainly revolves the judicial judgment standard of "obviously inappropriate" administrative act,and this paper was divided into four parts altogether.The first part of this paper is to understand what is "obviously inappropriate" administrative behavior from theoretical vision,and summary some topic about the nature of the academic community for the "obvious improper";nature of "obviously inappropriate" administrative act,and sorts the theoretical viewpoints of the judicial judgment standard of "obviously inappropriate".The second part was based on judicial practical cases,to analyzes the status quo of the judicial judgment standard of "obviously inappropriate" of Administrative Act,this part searches the 2020 administrative cases,summarizes the Common Judicial Judgment Standards in the field of judicial practice,and briefly summarizes them as following: the principle of Administrative Law is the basic judgment standard,the aim and spirit of legislation is the auxiliary standard,and apply the standard of administrative discretion gradually.The third part is about the dilemma of the judicial judgment standard of "obviously inappropriate",combine with the theoretical viewpoints and judicial practice,then summarize as following : The application scope of "obviously inappropriate" is vague,the judicial judgment standard is not clear,and the effectiveness of the administrative discretion system is too low.The fourth part is the suggestion of perfecting the Judicial Judgment Standard of "obviously inappropriate" of Administrative Act.Based on the problems of applying "obviously inappropriate",the author summarizes the following four suggestions: to establish a detailed judicial judgment standard,and to regard the basic principles of Administrative Law as the basic standard of judicial judgment;establish and improve a coincident administrative discretion,at the same time,establish special and refined system of administrative discretion,different region formulate different regulation based on local conditions,establish an administrative discretion system,both accord with unified standards and with local characteristics;improve the administrative case guidance system,establishing a "Supreme People Court-led,High People court-assisted" compilation working mechanism,publishing guidance cases in time,studying and discussing guidance cases in time;and announcing the judgment standard of administrative discretion to ensure the knowing right of the public,strengthen social supervision over administrative body,raise awareness of the whole society aim at law-based society,accelerate the construction of the law-based society,and promote the building of the law-based country.