论对抽象行政行为的司法审查

On the Judicial Review of the Abstract Administrative Act

抽象行政行为是各国政府进行行政管理的一种重要手段。对抽象行政行为进行司法审查是必要的,对抽象行政行为进行司法审查,以将规章及规章以下的规范性文件纳入审查范围为宜,应当允许相对人直接对抽象行政行为提起行政诉讼,不宜授予法院司法变更权,并且,应与行政公益诉讼区别开来。

Abstract administrative act is used as the most important means by the governments all over the world. It is necessary to practice the judicial review of the abstract administrative acts. Those that must receive the judicial review include regulations and the regulation documents that are below the regulations. Allowances should be given to the corresponding people for them to lodge an administrative complaint and it is improper to grant the court the right of judicature alteration which should be distinguished from the commonweal lawsuit.