论抽象行政行为的可诉性——由孙志刚案引发的行政法问题思考

On the possibilities of appealing lawsuit of the abstract administration’s behavior ——Thought on the administrative law question that caused by Sun Zhi gang case

抽象行政行为因缺乏必要的法律监督而导致行政和司法实践问题丛生。惟有将抽象行政行为纳入行政诉讼受案范围,接受司法审查,才能健全对抽象行政行为的监督制度,进而推进依法治国的进程。

administration behavior leads to all kinds of problems about the administration and the practice of ad-minis tration of justice because of lacking essential legal supervision.Only including the abstract administration behavior in the acceptance range of administrative litigation,accept the administration of justice to examine,could be sound to the superviso-ry system of the abstract administration behavior,and then advance the process of running the country according to law.