对非立法抽象行政行为实行司法审查的依据

The Basis of the Judicial Examination to the Non Legislative Abstract Administrative Behavior

非立法抽象行政行为是指行政机关制定规章以下规范性文件的行为。对非立法抽象行政行为实行司法审查是我国依法治国的题中之意。而从司法审查的成因看 ,对我国非立法抽象行政行为实行司法审查有着充分的依据 :主权在民的思想呼唤着司法审查 ;权力制衡的政治结构包涵着司法审查 ;市民社会对行政监督需要借助司法审查 ;法律结构等级层次关系的协调需要司法审查 ;

administrative behavior;the judicial examination; people governing the country;rights in balance; townspeople society Abstract: The non legislative abstract administrative behavior is an act complying with the standard document under the administrative regulations .The judicial examination to this act is one of the conveyances in our country′s policy of governing by law .The formative factors in judicial examination also provide sufficient theory foundation. The thought of people governing the country appeals for it; The political structure of rights imbalance contains it; The administrative supervision by the towns people society needs the support of it and the coordination of the hierarchy of legal structure is in more need of it .Moreover ,the probability of the judicial examination to the non legislative abstract administrative behavior is embodied in our country's relevant laws.