Study On Judicial Review Of Apparent Improper Administrative Acts

With the continuous expansion of administrative power and the need for the construction of a government under the rule of law,the state has put forward higher requirements on the level of government administrative capacity.Judicial review is a powerful tool to control administrative power.Therefore,the revised "Administrative Litigation Law of the People’s Republic of China"(hereinafter referred to as "Administrative Litigation Law"),which was revised in 2014,added "obviously improper" as one of the applicable circumstances of administrative litigation judgments.This is the legislative determination of the rationality review standard and the specific manifestation of the rule of law in the field of administrative law.It is worthy of academic attention and research.Through theoretical analysis of “obviously improper” and specific case studies,the“obviously improper” and other Compare and distinguish other concepts and review standards,and analyze the problems and reasons in their identification.Later,it is believed that the root cause of the problems in the application of "obviously improper" is mainly that the scope of administrative discretion is controversial and the basis of discretion is not clear.The way out for the determination of “obviously inappropriate” is to clarify the boundary between“obviously inappropriate” and other review standards,clarify the scope of application of administrative discretion,and refine the benchmarks of administrative discretion.“Obviously improper” should only exist in the judgment of administrative results.The standard of judge’s determination of “obviously improper” should be strengthened.Specifically,it is necessary to strengthen the judgments of “due” and “inappropriate”,and clarify the specific review application of basic principles.The original intent of the legislation was to promote a benign development that was obviously improper in several aspects.