行政不作为是指行政主体依行政相对人的合法申请,应当履行也有可能履行相应的法定职责,而在程序上逾期不履行的行政违法状态。其本质就是行政主体消极不履行行政职权与职责的一种行政违法行为,背离了行政法治的基本要求。但是,由于行政不作为本身所具有的消极性、隐蔽性等特点, Administrative omission means that the administrative body, in accordance with the lawful application of the administrative counterpart, should fulfill the administrative illegality that is also likely to perform the corresponding statutory duties and overdue in procedure. Its essence is an administrative illegal act that the administrative subject negatively fails to perform its administrative functions and duties and deviates from the basic requirements of administrative law. However, due to the negativity and concealment of administrative omission itself,