该修改废止的行政法规、部门规章不及时修改或废止,并继续出台违反《公路法》的《通知》;该依据《公路法》规定及时制订的行政法规迟迟未见出台,这显然构成了国务院的抽象行政行为不作为。抽象行政行为不作为本质上是行政机关对自身职权的不履行,这必然导致对公共利益的损害。 The administrative regulations and departmental rules that were repealed by this amendment were not amended or abolished in time and the “Notice” in violation of the “Highway Law” was continuously promulgated. The administrative regulations promulgated according to the provisions of the “Highway Law” have not yet been promulgated, which obviously constituted State Department’s abstract administrative act inaction. Absence of abstract administrative acts is essentially the non-performance of administrative authorities over their own power, which inevitably leads to the damage to the public interest.