行政机关由于在行政管理活动中滥用职权、越权行政的违法作为而成为被告的现象，在行政诉讼中已是司空见惯，广为人知。行政机关由于消极履行法定职责，怠于行使法定权力的不作为而被诉诸法院的现象，较前者虽非“主流”，但近年来却也成为行政诉讼的一大特点，应引起各方面重? The phenomenon that administrative organs become defendants because of abusing their power in the administrative activities and the illegal acts of ultra vires administration has become commonplace and widely known in administrative litigation. Although the former is not a “mainstream”, it has become a major feature of administrative litigation in recent years due to its passive performance of its statutory duties and its failure to exercise its statutory powers. It should be rewarded in all aspects ?