On The Judicial Review Of Administrative Behavior's Obvious Misconduct

The "Administrative Procedure Law" was amended in 2014.In the withdrawal or partial withdrawal of administrative acts in Article 70,the "obviously inappropriate" basis of this review was added.The court conducted a reasonable review of the discretionary actions of the administrative agencies and obtained legislation.Confirmation.This is in line with the construction of a strict supervision system for the rule of law and the requirement to speed up the construction of a government under the rule of law.The main reason for the apparent improper administrative behavior is that the administrative behavior is inappropriate and improper.Different scopes of examination should apply different scopes.The range of obvious improper administrative behavior should be limited to the administrative discretionary behavior of administrative behaviors.The principle of rationality is included under the principle of legality.Obviously improper is also an illegal act.In China,there is currently a greater predicament in the apparent improper judicial review of administrative actions.It is necessary to draw lessons from the experience of judicial review outside the borders,formulate standards for judicial review,and refine the basis for administrative discretion.The courts,while undertaking the functions of supervisory review,should also respond to the administrative authorities.The administrative discretionary powers must be given the necessary respect.At the same time,it is also necessary to strengthen the professional qualities of the judges and improve the case guidance mechanism.