Abstract:
The identification and application of “obviously improper” standard in judicial review of environmental administrative punishment is the key and difficult point in practice. Through the analysis of 137 relevant cases, the present application dilemma of the “obviously improper” standard is summarized as the uncertainty of the application field of the “obviously improper” standard and the ambiguity of the “obviously improper” judgment standard. The causes of the dilemma include the fuzzy application of review standards and the lack of a unified path for the application of judgment standards, among which the latter is embodied in the limitations of judicial review of professional administrative acts, the unclear application of discretionary benchmarks in judicial review and the divergence in the application of basic principles of administrative law. Finally, the application field of the “obviously improper” standard is clarified from two aspects of clarifying the legislative positioning and the application system interpretation. To improve the criterion of “obviously improper” from three aspects: refining the criterion of “abnormal results” and clarifying the criterion of “violating the principle of administrative law”; At the same time, improve the application mechanism of discretion benchmark in judicial review and innovate the expert assistant system, and optimize the application path of “obviously improper” standard in judicial review of environmental administrative punishment.