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据报载,某县公安局“110”接警却未出警,致使市民尹某的门市部财物被盗,被法院判决承担赔偿责任的案件,在社会各界引起强烈反响。这是一起典型的行政机关不作为案件。事实上,行政机关不作为现象不只存在公安机关,其他行政执法机关也不同程度有所体现。行政机关不作为,不依法履行职责,与社会主义民主和法制建设的要求格格不入,必须采取有力措施坚决遏制。行政不作为的主要表现和特征行政不作为,是指行政机关在行政管理过程中,依法应当做出的一定行为,有条件实施而拒不履行职责。《行政诉讼法》在第十一条第四、五、六项列举了行政不作为的三种表现形式,包括拒绝颁发、拒绝履行、不予答复和没有依法发给等。拒绝颁发是指行政机关书面或口头明确表示不给公民、法人或者其他组织颁发许可证、执照等。拒绝履行是指行政机关对公民、法人或者其他组织的申请作出明确的否定的答复。不予答复是指行政机关在法定期限内或在无法定期限的情况下明显超出合理期限,对公民、法人或者其他组织的申请不做任何拒绝或同意的意思表示。没有依法发给是指拒绝发给或未依照法律法规规定的范围、对象、标准、数额、时限发
It is reported that a county public security bureau “110 ” alarm has not been out of the police, causing the public Yinmou shops stolen property, was sentenced by the court to assume liability for compensation in the community aroused strong repercussions. This is a typical case of administrative agencies not acting. In fact, the failure of the executive authorities to act as a phenomenon not only exists in the public security organs, but also in other administrative enforcement agencies. If an administrative organ fails to act in accordance with the law and performs its duties in accordance with the law, it is incompatible with the requirements of socialist democracy and the building of a legal system and must take effective measures to resolutely curb it. The main manifestations and characteristics of administrative omission The administrative omission refers to the certain act that an administrative organ should make in accordance with law in the process of administrative management. It is implemented conditionally and refuses to perform its duties. The Administrative Procedure Law lists three manifestations of administrative omission in articles 11, 4, 5 and 6 of the Eleventh Five-Year Plan, including refusing to issue, refusing to perform, not answering and not issuing in accordance with law. Refusal to issue means that the administrative authority, in writing or orally, explicitly states that it will not issue permits, licenses, etc. to citizens, legal persons or other organizations. Refusal to perform means that the administrative organ makes a clear and negative reply to the application of citizens, legal persons or other organizations. No reply means that the administrative organ clearly expires within a statutory time limit or within a statutory time limit and expresses its intention not to refuse or consent to any citizen, legal person or any other organization’s application. Not issued by law refers to refuse to issue or not in accordance with the provisions of laws and regulations of the scope, object, standard, amount, time limit hair