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从抽象行政行为的概念出发,探究抽象行政行为的起源、内涵与外延,结合国外抽象行政行为的研究及我国现有国情,比较现有抽象行政行为规定之优劣。在分析抽象行政行为的本质之后,提出抽象行政行为实质是政府以行政行为的方式对社会资源进行再分配的手段。在此基础上,提出以时间标准界定为主,范围标准界定为辅的抽象行政行为划分标准,以期明确抽象行政行为与具体行政行为之间的标准,减少法律模糊与肆意的主观判断,将法律的核心关注从内容转向程序,促进程序主义的发展,并为将来抽象行政行为的治理留下前置性的时间空间。
Based on the concept of abstract administrative act, this paper explores the origin, connotation and extension of abstract administrative act, and compares the advantages and disadvantages of the existing abstract administrative act with the research of foreign abstract administrative act and the current situation in our country. After analyzing the essence of abstract administrative action, it is proposed that the essence of abstract administrative action is a means by which the government redistributes social resources by way of administrative action. On the basis of this, this paper puts forward the standard of dividing abstract administrative acts which is mainly defined by time standards and complemented by the definition of scope standards, in order to clarify the standard between abstract administrative actions and specific administrative actions, reduce the vague laws and wanton subjective judgments, The core concern is to shift from content to program to promote the development of proceduralism and to leave a space for advancement in the governance of abstract administrative acts in the future.