论对抽象行政行为的司法审查权

对抽象行政行为进行司法审查是各国政治体制中分权制衡原则的具体体现 ,也是司法监督行政权的重要方式 ,然而我国法律并未明文规定对抽象行政行为的司法审查。我们应当从理论和司法实践的角度论述对抽象行政行为司法审查的必然性和合理性 ,探求对抽象行政行为司法审查的标准和健全抽象行政行为司法审查制度的对策。

On the right of judicial review over abstract administrative act

administrative act has reflected the principle of political power division as seen in every country's political system. It is also a significant measure for judicial power to supervise the administrative one. However, Chinese laws have not formally stipulated the judicial review over any administrative act. Hence, this article tries to discuss the necessity and rationality for a judicial review over abstract administrative act in both theory and judicial practice. It also purports to seek some countermeasures to consummate the system of judicial review over abstract administrative act and its standard.