论行政诉讼“明显不当”条款

The “Obviously Inappropriate” Clause in Administrative Litigation

摘要: 自《行政诉讼法》将“明显不当”作为行政行为合法性的司法审查标准，学界对条款的适用标准已展开不少的讨论，然而讨论均未真正触及该条款适用问题的本质。对此，首先应明确“明显不当”条款的性质及其在《行政诉讼法》中的体系融洽性，为条款的适用标准确定打下理论基础；其次，通过对该条款的案件量进行年份波动分析认识到，影响条款适用的关键因素并非适用标准问题，更在于其背后的国家法律政策的推动力。正视司法权监督行政权存在局限性的本质，才能实现行政争议的实质性化解，构建具有中国特色的行政诉讼制度。

Abstract: Since the “obviously inappropriate” standard was introduced as a judicial review criterion for the legality of administrative actions in the Administrative Litigation Law, the academic community has engaged in numerous discussions on the application standards of this provision. However, none of these discussions have truly touched upon the essence of the application issue of this provision. To address this, it is first necessary to clarify the nature of the “obviously inappropriate” provision and its consistency within the Administrative Litigation Law, laying a theoretical foundation for determining the application standards of the provision. Secondly, by analyzing the annual fluctuations in the number of cases involving this provision, it can be recognized that the key factor influencing its application is not the issue of application standards, but rather the driving force of national legal policies behind it. Only by facing up to the inherent limitations of judicial power in supervising administrative power can we achieve the substantive resolution of administrative disputes and establish an administrative litigation system with Chinese characteristics.