Judicial Determination of the"Obviously Inappropriate"Administrative Act:Cases Analysis Based on Administrative Adjudication
In the revision of"Administrative Procedure Law","obviously inappropriate"has been taken as one of the reasons for revocation or partial revocation of administrative acts,which provides an explicit basis for the court to examine the rationality of admin-istrative acts.However,the judicial identification of obvious inappropriate administrative acts is chaotic,which mainly include the ways of double confirmation,the ways of substitution,the ways of"creation out of nothing",the ways of"exclusion"and enumeration,etc.Therefore,we should improve the judicial determination of obviously inappropriate administrative acts,including both the clear scope of application and clear standards for the identification of obvious inappropriate administrative acts.
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