Research on the Rationality Judicial Review of the Administrative Discretion Actions

The Administrative Litigation Law in 2014 added provisions of the criteria of judicial review of "obvious inappropriateness", which, together with the original "abuse of power standard", constitutes the criteria of rationality review of the administrative discretion actions. Under the current review standards system,the "abuse of power" criteria is mainly applied to the review of administrative organs' subjective vicious actions, and the "obvious inappropriateness" standard is mainly used in the administrative actions which do not consider the relevant factors or violate the general principle of law. However, in judicial practice, there are problems such as the mixture of "obvious inappropriateness" standard with other standards of examination, and the specific judgment standards of "obvious inappropriateness" are difficult to be determined and objectified, etc. When China builds the system of judicial review of administrative discretion behaviors, it should clarify the scope of the administrative discretion, stipulate the general law principles in the administrative procedure law, and distinguish the "abuse of power" and "obvious inappropriateness" standards from other review standards.