“行政滥用职权”审查标准的式微与因应

行政滥用职权的审查标准在我国现行行政诉讼法中有了规定，但却没有在理论研究和实务操作上产生预期的效果，以致出现了式微的状况。剖析现象背后的原因，发现其包括现象自身的复杂和理论研究的不足等客观原因和认识水平的限制和可能风险的规避等主观原因。以此为基础提出解决问题的因应之道，包括加强理论研究实现理论建设的成熟化、体系化，加强法院建设打造一支高素质人员队伍，完善法律体制创设优良环境等。

The Decline and its Reply of the Examination Standards of "Abuse of Administrative Power"

The examination standards of ＂abuse of administrative power＂ have regulations in the administrative procedure law in force, but it don＇t produce the desired effect in theory and practice and resulted in decline. To study the reason, it was found that there were some objective reasons including complex phenomenon itself and lack of theoretical research and some subjective reasons including the restriction of cognitive level and avoiding possible risk. Based on it, the paper put forward the way to resolve this problem including strengthening theoretical research and realizing the maturation and systematism of the theory construction, strengthening the construction of the court to create a high-quality workforce, improve the legal system and establish an excellent environment, etc.