论行政不作为的司法救济

On Judicial Remedy of Administrative Inaction

随着时代的发展,行政机关的不作为越来越受到人们的关注,这是由于人们法律理念的不断增强,懂得了拿起法律武器来维护自身的合法权益,这是国家法治建设的一大进步。行政不作为是行政机关依照规定负有某种义务,应该履行而不履行,行政机关的这种不履行会给个人甚至集体利益带来损害,是一种违法的行政行为,违背了行政机关为人民服务的宗旨,因此,人们可以通过司法途径来维护自身的权益。在我国司法实践中对于行政不作为的相关规定并不仔细和深入,是司法推进的一大难点,本文通过对行政不作为的基本理论、司法救济进行深入分析和探讨,对完善行政不作为的司法救济提出了一些建议,从更高的层面来维护个人和集体的利益。

With the development of the times, people pay more and more attention to the inaction of administrative organs, which is due to the continuous enhancement of people’s legal concept, and they know how to take up legal weapons to safeguard their legitimate rights and interests, which is a great progress in the construction of national rule of law. Administrative inaction means that administrative organs have certain obligations according to regulations and should perform them but fail to perform them. Such non-performance of administrative organs will bring damage to individual or even collective interests, which is an illegal administrative act and violates the purpose of administrative organs to serve the people. Therefore, people can protect their rights and interests through judicial channels. In China’s judicial practice, the relevant provisions of administrative omission are not careful and in-depth, which is a major difficulty in judicial promotion. This paper, through in-depth analysis and discussion of the basic theory and judicial remedy of administrative omission, puts forward some suggestions on improving the judicial remedy of administrative omission, so as to safeguard the interests of individuals and collectives from a higher level.