行政不作为是行政行为的一种，是相对于行政作为行为而言的。行政不作为违法同行政作为违法一样会给公民、法人或其他组织的合法权益造成损害。对此种损害，司法救济是最公正、最有效的救济。然行政诉讼法虽对此有所规定，①但过于简略，不易操作，不能满足实践的需要，本文拟 Administrative omission is a kind of administrative act, as opposed to administrative act. Administrative omission Infringement of law, as a violation of law, can cause damage to the legitimate rights and interests of citizens, legal persons or other organizations. Judicial remedies are the most fair and effective relief to this damage. However, although the administrative procedure law provides for this, but too simple, not easy to operate, can not meet the needs of practice, this paper