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在实践中,抽象行政不作为大量存在。但是,由于我国《行政诉讼法》对它的限制,以及它固有的消极性、隐蔽性等属性使得这种行为常被人们忽视,且危害较大。在我国现行法律规定下,对于抽象行政不作为不服不能直接对其提起行政诉讼,抽象行政不作为的现有救济只有立法救济和行政权力的内部监督。应对抽象行政不作为的策略是:基于有权利(力)就有救济的法治理念,抽象行政不作为应纳入到诉讼救济范围。具体采取的方式是行政公益诉讼和行政复议。
In practice, abstract administration does not exist as a mass. However, due to its limitation of Administrative Procedure Law of our country and its inherent properties such as negativity and concealment, such behavior is often overlooked and harmful. Under the existing law of our country, the existing remedies that can not directly bring administrative proceedings against abstract administrative omissions and the abstract administrative omissions only have the internal supervision of legislative remedies and administrative powers. The strategy of coping with abstract administrative omission is that based on the concept of the rule of law that has the right (power) to have relief, the abstract administrative omission should be included in the scope of litigation relief. The specific approach taken is administrative public interest litigation and administrative reconsideration.