A Study On Judicialj Review Criteria For Obvious Misconduct In Administration Act

With the increasing expansion of the administrative power,the regulation of administrative discretion has become an important study of administrative research.In this context,China’s Administrative Procedure Law of 1989 regards "abuse of power" as a case of revocable of administrative acts,and incorporates the regulation of administrative discretion into judicial review.However,due to the lack of legislative technology and the lack of understanding of legal provisions,the provision son-in-law plays little role in practice,in the specific application of the use of inappropriate behavior.Therefore,the addition of the 2014 Administrative Procedure Act to the "obvious impropriety" review is undoubtedly a benefit to us in resolving some of the administrative disputes that have not been substantively resolved in the past because of the lack of a corresponding basis for review.However,this amendment does not give a corresponding explanation to the concept,scope of application and identification criteria of "obvious impropriety",so how to understand and determine "obvious impropriety" has become a focus of concern in the academic circles,but most of the academic and judicial practice circles are divided and lack of a unified understanding.In order to be able to fully show the "obvious impropriety",this paper attempts to analyze the application of the court in judicial practice by analyzing the judicial case and the understanding formed by the academic circles,summarizes the difficulties of "obvious impropriety" in the application process,and makes suggestions on the construction of the"obviously improper" judicial review standard.In addition to the introduction and conclusion,the article has four parts: the first part,the"obvious impropriety" from the daily semantics,normative semantics andjudicial semantics analysis,clear "obvious impropriety" concept,and clarify its relationship with other related concepts;The understanding of applicable standards includes but is not limited to ignoring relevant factors,violating relevant principles,violating the basis of discretion,and punishing the punishment of the minor and disproportionate aspects of these aspects;Obvious impropriety "in the application process there is a lack of academic general theory,the scope of application is not clear,the improper application of the court and other issues;In practice,the judgment of the uncertain legal concept of "obvious impropriety" is strengthened by the unified understanding of the "obviously inappropriate" examination criteria.