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自从1989年颁布实施了《中华人民共和国行政诉讼法》以来,行政的超越职权以及滥用职权便有了严格的限制,出现该类行为便属于违法行为。不过,尽管法律对此种行为作出了明确规定,但是却没有明确对二者的概念和认定细化。所以现实中不仅学界对二者的理论概念有所争议,司法认定上也存在困难。本文首先介绍了行政超越职权和滥用职权具体的含义,明确的分析了两种违法行为的认定标准,最后结合法律,提出对两种违法行为进行合理规制的策略。
Since the promulgation and implementation of the “Administrative Procedure Law of the People’s Republic of China” in 1989, administrative oversight and abuse of power have been severely restricted. Such acts are illegal. However, although the law clearly stipulates such acts, it does not clearly define the concepts and qualifications of the two. Therefore, in reality, not only the academic circles have controversially discussed the theoretical concepts of the two, but also the difficulties in judicial determination. This article first introduces the specific meaning of the administrative overstep and abuse of authority, clearly analyzes the criteria for the identification of the two kinds of illegal activities, and finally puts forward the tactics of reasonable regulation of the two kinds of illegal activities in the light of the law.