Analysis of the Review Criteria for Obviously Improper Administrative Acts

Abstract

Due to the expansion of the power of administrative organs, their discretionary power has also increased. This phenomenon has led to frequent abuse of power by administrative organs and unfair handling of cases, and the frequency of such situations is still rising, showing a trend of getting worse and worse. This not only seriously infringes on the legitimate rights and interests of the administrative counterparts, but also greatly undermines the credibility of administrative organs, bringing extremely adverse effects to the entire administrative management system. “Manifestly improper” as a means in judicial review, its core goal is to ensure that the administrative acts of administrative organs are both reasonable and legal. The current Administrative Litigation Law together with its judicial interpretations have not provided a clear definition of what constitutes an “manifestly improper” administrative act. This article aims to establish a set of scientific and reasonable judicial review standards to accurately identify and effectively regulate.