现实中,存在不少因行政机关抽象行政不作为侵害相对人合法权益的行为。抽象行政行为不作为在本质上是行政机关放弃或者懈怠履行自身的职权,进而侵害相对人权益。我国行政诉讼法也需要借鉴西方国家对抽象行政不作为司法审查的实践,区分抽象行政不作为的不同情形,确立对抽象行政不作为司法审查的原则,通过确认违法、拒绝适用、责令作为和确立指导性案例等方式,促使行政机关积极施政。 In reality, there are many acts of infringement of the legitimate rights and interests of the counterparts due to the abstract administrative inaction of the executive authorities. In essence, the absurd abstract administrative act is the administrative organ to give up or slack off to fulfill its own authority, thus infringes on the relative rights and interests. China’s Administrative Litigation Law also needs to draw lessons from the western countries’ practice of not reviewing the abstract administration as a judicial review, to distinguish the different situations of abstract administrative inaction, and to establish the principle of judicial review of abstract administrative omission. By affirming the illegalities, refusing to apply, Guiding cases and other means to promote the active administration of the executive.