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预防性不作为诉讼是一种事前救济途径,允许公民在重大权益即将受到不可逆转的预期损害时,可依据法律向法院提起行政诉讼,制止行政行为或事实行为的作出以保护其特殊权益。预防性不作为诉讼具有预防性、补充性、无期待可能性等特征,可弥补现行事后行政诉讼救济的不足,为公民权利提供有效且无漏洞的救济途径。基于预防性不作为诉讼的补充性,应当在适用范围、起诉条件、审理规则等方面加以必要规范,以保证其事前救济功能的有效发挥。
Preventive non-action litigation is an avenue of prior relief, allowing citizens to bring an administrative lawsuit to the courts according to the law when the serious interest is about to be irreversibly forecasted to stop the administrative action or the de facto conduct to protect their special rights and interests. Preventive non-action as a preventive, complementary, the possibility of no expectation and other features to make up for the current lack of administrative litigation relief, to provide an effective and loopholes for civil rights relief channels. Based on the supplementary nature of preventive non-action litigation, it is necessary to standardize the scope of application, the conditions of litigation and the trial rules so as to ensure the effective performance of its prior relief.