行政诉讼法规定,人民法院审理行政案件,认为行政机关作出的行政处罚显失公正的,可以判决变更。但行政诉讼法未对显失公正进一步加以解释。以至于在理论界和司法实践中,对什么是显失公正观点不一。从法院判决变更的案件来看,也不乏变更不当的情况。因此,如何正确理解和认定显失公正,已成为当前行政审判工作中迫切需要解决的问题之一。 The Administrative Procedure Law stipulates that when people’s courts handle administrative cases, they think that the administrative punishment made by the administrative organ is obviously unfair and that the change may be adjudged. However, the Administrative Procedure Law does not further explain the apparent injustice. That in theory and judicial practice, what is manifestly unjust disagreement. From the court’s decision to change the case point of view, there are some inappropriate changes. Therefore, how to correctly understand and identify the apparent unfairness has become one of the urgent problems to be solved in the current administrative trial work.