创新我国对抽象行政行为的司法审查制度

对抽象行政行为的司法审查，目前仅在我国行政诉讼中的一定范围内存在。应通过修改我国现行行政诉讼法，明确规定人民法院审理行政案件，可对行政机关提供的、除宪法和基本法律以外的、任何用来证明具体行政行为合法的法律件的合法性进行审查，以确定其能否作为证明具体行政行为合法的依据，在此基础上建立有中国特色的对抽象行政行为的司法审查制度。

The Innovation of Judicial Examination System of Abstract Administrative Behavior in Our Country

Currently, the judicial examination over abstract administrative behaviors exists only within certain areas of China's administrative litigation. By revising China's current administrative litigation law,the People's Court should be entitled to the right of examining the legitimacy of any legal documents provided by administrative departments which are out of the definition of the constitution and fundamental laws and are intended to attest the legitimacy of specific administrative behaviors so as to determine whether they can be used as legal evidence for the legitimacy of these behaviors. The judicial examination system of abstract administrative behaviors with Chinese characteristics should be built up on the basis of this procedure. With comprehensive examination, case supervision and no invalidation as the guilding ideology, we should follow the principles of comprehensive examination, indirect examination, subsidiary examination, no trial without complaint as well as examination on the same or junior levels. The identification of the illegitimacy of abstract administrative behaviors could follow a loose standard instead of copying the examination system of unconstitutionality in western countries.