行政滥用职权琐议

Misuse of Administrative Authority

认定行政滥用职权应当有一个法律标准,由于滥用职权是滥用自由裁量权,要认定自由裁量权被滥用,其内容涉及合理性,而合理性的内容要接受司法审查,则必须将合理性的内容和标准法律化。只有这样,才能把行政滥用职权界定为行政违法行为,才能分清滥用职权与行政不当的界限,理清滥用职权与显失公正之间的关系等。

There should be legal criteria in definition of misuse of administrative authority. Misuse of authority is misuse of discretion, and the rationality,which should be under judicial review, is one of criteria to defining the misuse of discretion, therefore, the content and criteria of rationality should be stated in the laws. Only in this way, we can define misuse of administrative authority as administrative illegal action, determine the scope between misuse of authority and unreasonable administration, and understand the relationship between misuse of authority and lacking fairness.