Research on Judicial Review of Manifestly Improper Administrative Acts

Judicial review, as a form of external supervision, can effectively improve the lack of self-supervision by administrative subjects. Obviously improper as one of the circumstances of administrative behavior, the definition of the academic community, and the “Administrative Procedure Law” and its judicial interpretation of the lack of clear definitions and application standards, resulting in the court in the judicial practice of the application of “obviously improper” as the basis for review of the standard is not uniform and inconsistent application of the problem, judges and Relying on their accumulated professional knowledge and practical experience to determine whether the administrative subject of the administrative act constitutes “obviously improper”, with a greater subjectivity, which may lead to administrative action as well as the judicial trial of the phenomenon of the same case, undermining the impartiality and authority of the judiciary, not conducive to the construction of the rule of law, the rule of law government. Therefore, in order to solve the above problems, the need for the meaning of clearly improper and its judgment standards, standardize the “clearly improper” the scope of application of the basis for review, the establishment of a unified standard of judicial review, but also to continue to improve the administrative case guidance system. Therefore, clarifying its criteria is of great significance to the people’s courts in correctly adjudicating administrative cases to safeguard the lawful rights and interests of citizens and legal persons, and also helps to standardize the criteria for judicial review, and to regulate and limit administrative power.