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No. 8 of Ten Cases concerning Administrative Nonfeasance Published by the Supreme People's Court: Zhao Yongtian v. People's Government of Wudian Township of Fengyang County (a case concerning administrative nonfeasance)
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最高人民法院关于行政不作为十大案例之八：赵永天诉凤阳县武店镇人民政府行政不作为案
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【法宝引证码】
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| No. 8 of Ten Cases concerning Administrative Nonfeasance Published by the Supreme People's Court: Zhao Yongtian v. People's Government of Wudian Township of Fengyang County (a case concerning administrative nonfeasance) | | 最高人民法院关于行政不作为十大案例之八：赵永天诉凤阳县武店镇人民政府行政不作为案 |
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| (1) Basic Facts | | （一）基本案情 |
| In accordance with the spirits of the relevant documents of the National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development, the Ministry of Finance, and Chuzhou City, the People's Government of Fengyang County, Anhui Province formulated the Scheme for the Implementation of Renovation of Rural Dilapidated Housing in Fengyang County in 2012 (hereinafter referred to as the “Scheme”) and promoted the implementation of the project of renovation of rural dilapidated housing that benefited people over the county. In accordance with the spirits of the aforesaid documents, on April 22, 2012, Zhao Yongtian submitted an application for subsidies to renovation of rural dilapidated housing to the Villagers' Committee of Zhaoguai Village, Wudian Township, Fengyang County. Upon appraisal, the Villagers' Committee of this Village consented to the application opinions of Zhao Yongtian and submitted the application materials to the People's Government of Wudian Township, Fengyang County (hereinafter referred to as the “Government of the Township”) for approval; however, till Zhao Yongtian filed a lawsuit, the Government of the Township still failed to perform its duties of legally reviewing applications for renovation of dilapidated housing in accordance with the aforesaid documents. Therefore, on April 17, 2013, Zhao Yongtian filed an administrative lawsuit in a court against the Government of the Township, alleged that defendant failed to make a decision upon review in accordance with the Scheme, and requested the court to render a judgment to order defendant to perform its duties of reviewing the application for renovation of dilapidated housing. | | 安徽省凤阳县人民政府依照国家发改委、住建部、财政部和滁州市有关文件精神，制定了《凤阳县2012年农村危房改造工作实施方案》（以下简称《方案》），在全县推广实施农村危房改造的惠民工程。赵永天依照上述文件精神，于2012年4月22日向凤阳县武店镇赵拐村村民委员会提交了危房改造补贴申请。该村村民委员会经评议后同意赵永天的申请意见，并将申请材料上报凤阳县武店镇人民政府（以下简称镇政府）审核。但直至赵永天提起诉讼时止，镇政府未按照上述文件的规定，依法履行其危房改造申请的审核职责。赵永天遂于2013年4月17日以镇政府为被告向法院提起行政诉讼，主张被告未依照《方案》作出审核决定，要求判决被告履行危房改造申请审核职责。 |
| (2) Judgment | | （二）裁判结果 |
| ．．．．．． | | ．．．．．． |
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