A Study Of Judicial Review Of Manifest Administrative Misconduct

The establishment of the clause of apparent misconduct makes up for the deficiency of "abuse of power" in judicial application and is conducive to the supervision of the exercise of administrative power,but there are still some problems in the judicial review of apparent misconduct of administrative acts.In the future,in order to better regulate the judicial application of "obviously improper",it is necessary for us to conduct in-depth research on it.Based on the analysis of theoretical viewpoints,this paper focuses on the practical field and points out the existing problems in the judicial review of obvious improper administrative acts in China,and puts forward corresponding solutions.First of all,the historical evolution of judicial review of administrative discretionary acts is sorted out,and relevant concepts such as "obvious improper","obvious injustice" and "abuse of power" are differentiated,and the nature of judicial review of obvious improper administrative acts is also clarified.Secondly,it collected and sorted out the cases in judicial practice in which the court applied "obvious improper" to make judgments.Through the analysis of the cases,it summarized some problems in the judicial application of "obvious improper",including the expansion of the scope of application of "obvious improper",unclear judicial judgment standards and insufficient reasoning.Finally,some suggestions are put forward to solve these problems.In order to better regulate the scope of application of "obvious misconduct",it is necessary to clarify the difference between "obvious misconduct" and the other 5 items of examination basis in Article 70 of administrative Procedure Law,and the judicial review should be limited.The judicial judgment criteria of "obviously improper" should include: basic principles,relevant or irrelevant factors,social rationality of ordinary people;The judgment documents should focus on the "obviously improper" reasoning,strengthen the reasonable argumentation.