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我国现行的行政诉讼法将抽象行政行为排除在受案范围之外的做法,不但与国际发展趋势不相吻合,而且在实际工作中带来一系列弊端。在行政诉讼制度比较完善的一些西方国家,通常只把行政立法行为排除在行政诉讼的受案范围之外,而将抽象行政行为纳入诉讼范围。现行抽象行政行为审查监督体制的缺陷要求赋予抽象行政行为可诉性。我国目前的行政诉讼发展现状证明,将抽象行政行为纳入司法审查的范围不仅是必要的,也是可行的,有着一定的法律依据、理论基础、现实基础和可资借鉴的经验。
The current administrative procedural law in our country excludes the abstract administrative action from the scope of the case. It not only does not accord with the international development trend, but also brings a series of drawbacks in the practical work. In some western countries with relatively perfect administrative litigation system, only the administrative legislation is excluded from the scope of the administrative litigation, and the abstract administrative act is included in the litigation scope. The defects of the current system of reviewing and supervising the abstract administrative acts require that the abstract administrative actions be prosecutable. The status quo of the current development of administrative litigation in our country proves that it is not only necessary but also feasible to include the abstract administrative act in the scope of judicial review. It has certain legal basis, theoretical basis, realistic basis and experience that can be used for reference.