An Empirical Study On The Judicial Review Of Obvious Inappropriateness Administrative Punishment

In administrative litigation,the review of obvious inappropriateness is a problem that must face,and the obvious improper administrative punishment is the most outstanding,the core issue is the cognizance of the standard and the ruling way selection problem.Therefore,this article mainly takes a theory review at the two levels which are the connotation and cognizance standard of obvious inappropriateness administrative punishment.By conducting empirical analysis on administrative penalty discretion in judicial practice,its aim is to find the problems of obvious inappropriateness of the administrative punishment in connotation understanding,standards and applicable in the plight of the abuse of judicial power.Whether the differences in theory of understanding the connotation of improper administrative punishment or unclear judgment standard of theory and practice and the limits of jurisdiction fuzzy in the sentence are restricting the process of administrative law.The plight of the theory is rooted in a narrow think that there is only legitimacy review in administrative litigation,but no reasonable review;and the root of the trouble of judicial cognizance is that the judicial body in the review and recognition of the obvious inappropriateness lacks of the unity of logic which results in the same case with different sentence judicial phenomenon,application to the choice of the ways of judgment lacks of reason,that causes the legitimacy of sentence in doubt and its poor acceptability.Return to the administrative legalization itself,through the administrative legislation tenet and administrative punishment behavior ontology,the review and identification of the administrative punishment act and obvious inappropriateness must achieve the result and standard of legalization.Therefore,based on the requirement of administrative legalization itself,the key of obvious inappropriateness of the administrative punishment connotation understanding and standards is the balance of administrative subject with the initiative,self binding and the nomocracy,and with the aid of the obligation to explain the reason in the process of administrative punishment,using equipollence,equality,combining punishment with education,considering the related factors and trust protection principle for understanding and recognition and review.