行政处罚显失公正是指行政机关及其工作人员,法律、法规授权的组织在对行政相对人实施行政处罚时,形式上在法定处罚幅度内,但不仅明显不合理,而且实质上也不合法,属于人民法院合法性审查中可以判决变更的具体行政行为.司法实践中,行政机关的具体行政行为因显失公正被人民法院予以纠正的情形时有发生.究其原因,一是目前我国行政执法人员执法水平仍然较低,操作法律法规不熟练.二是长期以来行政执法人员长官意识较浓,习惯于行政命令,加之社会多 Obviously, the administrative punishment is unfair and just refers to the administrative organ and its staff. The organizations authorized by the laws and regulations are within the scope of the statutory punishment when implementing the administrative penalty on the administrative counterpart, but they are not only obviously unreasonable but also not substantially , Belongs to the specific administrative act that the people’s court may decide to change in the legality examination.In the judicial practice, the specific administrative act of the administrative organ was occasionally corrected by the people’s court Occurrence of the situation.The reason, first, at present our country administration Law enforcement officers are still relatively low level of law enforcement, unscrupulous operation of laws and regulations.Second, executive law enforcement officers for a long time strong sense of consciousness, accustomed to administrative orders, combined with social