论文部分内容阅读
从目前行政诉讼制度的发展前景来说,对一直困扰行政审判的法律进行有益的探讨,提出了因抽象行政行为不能纳入司法审查范围所带来的法制不统一、权益难保障等一系列法律困惑,检讨了我国行政诉讼制度对抽象行政行为的既触及又回避的复杂态度,并从法律的视角确定了抽象行政行为司法审查所要坚持的有限性、被动性、公益性和可撤销性四个法律原则。
From the perspective of the development of administrative litigation system at present, this article conducts a useful discussion on the law that has plagued the administrative trial all the time, and proposes a series of legal perplexities such as the disunity of the legal system and the safeguard of rights and interests that the abstract administrative act can not be included in the scope of judicial review , Reviewed the complex attitudes that the administrative litigation system of our country has touched and avoided abstract administrative acts, and determined the four laws of limited, passive, non-profit and revocable which the judicial review of abstract administrative acts should insist from the legal point of view in principle.