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【裁判要旨】行政相对人或利害关系人提出申请,要求行政机关更正其作出的行政行为。行政机关对行政相对人或利害关系人的申请不予答复或作出不予更正决定,该不予答复行为或不予更正行为未给行政相对人或利害关系人的权利义务产生新的实际影响。行政相对人或利害关系人对该不予答复行为提起的履职之诉或不予更正行为提起行政诉讼的,依法应当裁定不予受理;已经受理的,依法应当裁定驳回起诉。
The purpose of the referee The relative of the administration or the interested parties to apply, requiring the executive authorities to correct their administrative actions. The administrative organ will not reply to the application of the administrative counterpart or the interested party or make a decision not to make any correction. The non-response or non-correction does not have a new practical impact on the rights and obligations of the administrative counterpart or the interested parties. Where an administrative counterpart or an interested party institutes administrative litigation against or fails to correct the act initiated by the non-response party, it shall be ruled not to be accepted according to law; if it has already accepted the case, it shall be adjudged to dismiss the prosecution.