近年来行政不作为案件已经成为人民法院受理行政案件的主要类型。然而,目前我国行政不作为案件的法律适用问题在制度上还存在空白地带和灰色地带,致使法官们面对一些问题无所依从。从我们调研的情况来看,行政不作为案件的问题主要集中在案件定性、原被告 In recent years, administrative omission cases have become the major types of administrative cases accepted by the people’s courts. However, at present, there are still some blank areas and gray areas in the system of legal application of administrative omission in our country, resulting in the judges having no compliance with some issues. Judging from our research, the problems of the administrative omission mainly focus on the qualitative aspects of the case. The former defendant