在我国现行法律和理论界对行政机关不作为的赔偿责任问题均无明确的规定和同一认识。行政机关的不作为应是指行政机关维持现有的法律状态不变的一种行政行为。国家应当是侵权主体造成损害的赔偿责任的唯一承担者。行政机关不作为损害的赔偿义务主体应以过错责任原则为基本原则。对于行政机关的不作为造成的损害,可以采用“金钱赔偿为主、改变原状为铺“的赔偿方式。 There is no clear stipulation and common understanding on the issue of liability for the inaction of the administrative organ in the current law and theory circles in our country. The omission of the administrative organ shall mean an administrative act by which the administrative organ maintains the existing legal status. The state shall be the sole undertaker of the liability for damages infringed by the infringing party. The main body of the obligation of compensation not to be harmed by administrative organs should take the principle of fault liability as its basic principle. For the damage caused by the omission of the administrative organs, the compensation method of “monetary compensation as the mainstay and changing the original status as the shop” can be adopted.