显失公平的行政行为是不当行政行为中最为重要的一种,该行政行为不仅在行政执法实践中有着非常重要的价值和地位,尤其在对行政行为的司法审查中具有重要意义。对显失公平的行政行为进行控制是法治发达国家的核心内容,尤其在当代给付行政的行政法理念之下,该问题已经成为行政法关注的焦点。由于显失公平的行政行为是一概念范畴,因而对其内涵和外延的把握十分重要。对显失公平的行政行为需作类型化处理,并进行相关制约机制构建。应当建立显失公平行政行为的概念系统、行政自由裁量的控制机制,拓展显失公平行政行为的范畴,实现司法审查的主动机制,建立独立的显失公平行政行为审判模式。 Obviously the unfair administrative act is the most important one in inappropriate administrative act, which not only has very important value and position in the practice of administrative law enforcement, especially in the judicial review of administrative act. To control the obviously unfair administrative behavior is the core content of the developed countries with rule of law, especially under the administrative law concept of contemporary administrative payment, this issue has become the focus of administrative law. Because obviously unfair administrative behavior is a concept category, it is very important to grasp its connotation and extension. On the apparent unfair administrative acts need to be typed, and the establishment of the relevant control mechanism. We should establish the concept system of conspicuous and unfair administration, the control mechanism of administrative discretion, expand the scope of conspicuous and unfair administrative action, realize the active mechanism of judicial review, and establish an independent trial mode of obviously unfair administrative conduct.