论对抽象行政行为的司法审查

On Judicial Examination to Abstract Administrative Action

抽象行政行为是指行政主体根据法定权限和法定程序针对非特定对象制定和发布具有普遍约束力的行为规范的行为,其范围包括行政机关制定法规、规章和其他具有普遍约束力的规范性文件等行为。司法审查是国家司法机关通过司法程序对其他国家机关行使国家权力的活动进行违宪性或违法性审查监督的活动。我国相关规定较为不完善,西方国家不管是大陆法系还是英美法系都有比较成熟的相关经验,我国现有抽象行政行为的司法审查呈现出有限性、附带性、间接性的特点,存在较多问题,需进行完善改革。

The abstract administrative action refers to the action that the administrative main body establishes and issues the behavior standards having the universal binding force in view of the non- specific object formulation and the issue according to legal jurisdiction and the legal procedure, and its scope includes the establishment of rules of law, regulations and other normative documents having universal binding force. The judicial examination means that the state judicial organ exercises the state power activity through the judicial process to other state agencies to carry on the violation of the constitution or the illegal examination surveillance activity. The relative law of our country is not good enough, while in the western countries both the continental legal system and the English America legal system have the quite mature correlation experience. There are many questions of the judicial examination of abstract administrative action in our country, limited, supplementary and indirect. Therefore, it is necessary to have the reform to perfect it.