囿于现行法对原告资格、受案范围等的限制,行政不作为一旦对公益有所损害,行政诉讼便无济于事。司法实践则先行一步,针对涉及环境公益的行政不作为,W市X区法院在环境公益民事诉讼的判决中确认:案件中不具备诉讼主体资格的行政主体应履行一定的作为义务,承担起环境修复及公益保障的监管责任。 囿 restrictions on the plaintiffs in the current law, the scope of the case, the administrative omission once harm to public welfare, administrative litigation will not help things. Judicial practice takes the first step. For the administrative omission involving environmental public welfare, the X District Court of W City confirms in the judgment of environmental public interest civil lawsuit that the administrative body that does not have the qualification of the litigant in the case should fulfill certain obligations and take up the environment Regulatory and public welfare security regulatory responsibilities.