行政不作为问题是行政审判实践中面临的热点和难点问题。之所以是热点,主要是由于目前行政不作为案件呈现激增态势,公民对于法院提供的对行政不作为的司法救济期望很高。同时,由于行政不作为在概念的内涵、行政义务的范围、行政不作为的当事人资格、举证责任、判决方式等方面存在较大的分歧,亦成为行政审判的 The problem of administrative omission is a hot and difficult issue in the practice of administrative trial. The reason for this is the hot spot, mainly due to the current surge in administrative cases, and the high expectations of citizens for the judicial relief provided by the court for administrative omissions. At the same time, the administrative omission has great disagreements in the connotation of the concept, the scope of the administrative obligation, the qualifications of the parties involved in the administrative omission, the burden of proof, the mode of judgment, etc., and also becomes the administrative trial