依法行政要求行政机关全面、正确履行法定职责,即行政机关在执法过程中,不仅要遵守法律法规规定的实体内客,也要遵守行政程序。但是,实践中因国土资源管理部门仅仅重视遵守法律法规实体内容的规定,忽视其程序内容的规定,不能完全履行法定职责,尤其是对公民、法人和其他组织的请求,没有依法及时予以答复,从而引起以行政不作为为由的行政复议和行政诉讼,并且在行政复议和行政诉讼中被责令履行而败诉的案件屡有发生。这里,我们向大家介绍一起因行政不作为引起行政诉讼并败诉的案件,供思考、借鉴。希望各级国土资源管理部门在今后的行政管理工作中严格履行法定职责,对公民、法人和其他组织的请求,一定要及时依法答复,即使是不正当、不合法的请求也要依法定程序,在有效期限内作出答复,或者通过解释和协调方式,全面、正确地执行法律法规的规定。 Administration according to law requires the executive authorities to fully and correctly perform their statutory duties. That is, in the process of enforcing the law, an administrative organ must not only comply with the rules of law but also observe the administrative procedures. However, in practice, the department of land and resources management failed to respond promptly according to the law because of its emphasis on complying with the content of laws and regulations, ignoring the contents of its procedures, not fully performing its statutory duties, especially to citizens, legal persons and other organizations, Thereby causing administrative reconsideration and administrative litigation based on administrative omission and cases of losing the order in administrative reconsideration and administrative litigation. Here, we introduce to you a case of administrative litigation and losing one cause of administrative omission for consideration and reference. It is hoped that land and resources administration departments at all levels will strictly perform their statutory duties in their administrative work in the future and that requests made to citizens, legal persons and other organizations must be promptly answered in accordance with the law. Even unjust and illegal requests should be governed by legal procedures, Make a reply within the validity period, or fully and correctly implement the provisions of laws and regulations through means of explanation and coordination.