Research On The Judicial Cognizance Standard Of Administrative Act Exceeding Authority

This paper discusses the concept of "exceeding authority" in article 70 of the Administrative Procedure Law,analyzes the theory of exceeding authority from domestic and foreign angles,and summarizes the theoretical classification of exceeding authority:single subject,multiple subject,single administrative power,multiple power,non-subjective and subjective limit,authority and authority,etc.From the relevant theories,we find the problems in the theory: the disputes on the cognizance of administrative subject,the disputes on the cognizance of administrative authority,and the disputes on the cognizance of administrative authority.Combined with the collected cases to solve the theoretical problems,to correct the theoretical insufficiency,to solve the disputes on the cognizance of administrative subject,authority and authority.From the positive way of judicial cognizance,we conclude the judicial cognizance standard of exceeding authority.Based on the relevant interpretation of the concept of administrative act ultra vires authority in judicial cases,the operable process analysis of the concept of ultra vires authority has been conducted,and the standard model for judges to identify ultra vires administrative authority in judicial practice is summarized as follows: first,starting with the subject of the administrative act;second,reviewing the authority implemented by the administrative organ;last,reviewing whether the administrative act is in the situation pending legislation and whether it is an emergency administrative situation under special circumstances,etc.We conclude the concept of exceeding authority in judicial practice by courts in reviewing administrative acts,and enumerate the concept to make it more operable.Specifically,it refers to:(1)Ultra vires administrative functions and powers such as the authority of affairs,region,level,domain,time and extent discretion;(2)Ultra vires administrative functions and powers to exercise other administrative organs,non-administrative organs and citizen autonomous areas.Emergency administration and other special circumstances in conformity with the public interest are exceptions.