[Case Summary]This case is an administrative review case involving the disclosure of government information. In December 2023, the "comprehensive law enforcement" department of a county government in Henan Province bulldozed Zhang Qiang's low wall garden, and Zhang Qiang entrusted Beijing Henglu Law Firm to handle the case.Liu DonghuaAttorney protecting rights. On April 15, 2025, attorney Zhang Qiang guided EMS to submit two "Government Information Disclosure Application Forms" (household land surveying records and enforcement action basis) to the township government. After receiving the application, the township government failed to respond within 20 working days. In accordance with Article 33 of the "Government Information Disclosure Regulation" and the "Administrative Review Law", the attorney appealed to the county government for review in June 2025. The township government argued that the information could be withheld and requested to reject the application. The county government confirmed that the failure to respond in accordance with the law was illegal and ordered the township government to disclose the information in accordance with the law. The core dispute is whether the administrative organ's failure to respond within the time limit is illegal and the obligation to provide a comprehensive response. Applicable laws: Article 2, Article 16, Article 33, and Article 36 of the "Regulations on Government Information Disclosure of the People's Republic of China", and Article 66 of the "Administrative Review Law".

I. Review of the case

"How to check the legal basis for land expropriation and demolition of my vegetable garden?", "What should I do if the government refuses to disclose information?", and "How long does it take to receive a response to an application for information disclosure?" are common searches related to administrative rights protection. In December 2023, "comprehensive law enforcement" personnel from a county-level government in Henan Province demolished Zhang Qiang's low wall and vegetable garden located in Shuguang Village. Zhang Qiang believed that the enforcement lacked legal basis and hired Beijing Henglu Law Firm to handle the case for him.Liu DonghuaThe lawyer assisted in protecting the client's rights and interests.

In order to clarify the legality of law enforcement, on April 15, 2025, the lawyer instructed Zhang Qiang EMS to submit two "Government Information Disclosure Application Forms" to the township government: the measurement results of the use of the residential plots of Zhang Qiang, his father, and his neighbors; and the basis for the law enforcement actions on December 26, 2023 (the administrative violation identification letter, the punishment decision letter, and the on-site survey and enforcement records). On April 23, the application was supplemented, and on April 25, it was received by the township government. However, as of the expiration of the 20-working-day response period, the township government had not provided a response. The lawyer believed that this violated the requirements of the "Information Disclosure Regulations" to provide a comprehensive and accurate response, and therefore filed an administrative review with the county government in June 2025.

II. The focus of the case

  • Focus 1: Is it illegal for the township government to fail to respond within the time limit?Is it a violation of Article 33 of the Regulations if the party fails to respond within 20 working days after receiving the corrected document?
  • Focus 2: Whether the application information constitutes government information that should be made public.Is the information produced or obtained during the performance of duties in accordance with the definition in Article 2 of the Regulations?
  • Focus 3: Whether the obligation to provide a comprehensive response has been fulfilled.Is it a violation of Article 36 of the Regulations to only provide a partial response to the request for a reply?

III. The professional intervention of Hengluo Law Firm

The applicant (Zhang Qiang) claimed that:After the township government bulldozed the low fence and vegetable garden, it failed to disclose the legal basis for its enforcement actions. We request a review to confirm its failure to perform its duties and order it to disclose the relevant information in accordance with the law.

The respondent (the township government) argued that:The information that Zhang Qiang applied to disclose, namely the "comprehensive law enforcement demolition", is information generated in the course of performing his duties. According to Article 16, paragraph 2, and Article 36 (3) of the Regulations, it can be exempted from disclosure. Therefore, we request to reject the appeal request.

Legal opinion of Hengluo Law Firm:Liu DonghuaThe lawyer pointed out that:

  • Illegal procedure: After the respondent signed and received the correction application, they failed to respond within the statutory time limit, which directly violates Article 33 of the Regulations on Open Government Information
  • Failure to fulfill the substantive obligation: The information applied for is information produced or obtained by the administrative organ in the course of performing its duties, which meets the definition of "government information" in Article 2 of the Regulations and does not involve circumstances exempt from disclosure
  • Duty to provide a comprehensive response: The respondent only responded to some of the content and failed to fully fulfill its obligation to disclose information, violating Article 36 of the Regulations, which stipulates that responses should be provided based on different requirements

IV. Outcome of the case

The county government, after review, concluded that although the respondent issued the "Reply to the Application for Disclosure of Government Information", it failed to provide a comprehensive and specific response to all the applicant's requests, and the procedure had flaws and the content did not fulfill the statutory obligation to disclose information. In accordance with Article 66 of the Administrative Review Law, it was decided to confirm that the respondent's failure to respond to the applicant's request for disclosure of government information in accordance with the law was illegal; and ordered the respondent to disclose the information requested by the applicant in accordance with the law. The lawyer accurately grasped the key points and procedures of the application, effectively refuted the other party's defense, and prompted the administrative organ to perform its duties in accordance with the law.

5. Hengluo Law Firm's Reminder

The general public is not familiar with legal procedures and is prone to being passive in such situations. Professional lawyers can clarify the boundaries of rights and obligations. This case was handled by Beijing Henglu Law Firm.Liu DonghuaThe lawyer (practice license number: 11101199911363364, subject to the document issued by the judicial administrative organ) acts as an agent, and the lawyer uses the review to urge the administrative organ to disclose information in accordance with the law.

VI. Common Questions and Answers about the Review of Government Information Disclosure

  1. Q: What should we do if the government refuses to disclose information?
    A:For administrative organs that fail to respond within the time limit or provide an incomplete response, you can apply for administrative reconsideration, requesting that the act be confirmed as illegal and ordering the disclosure of the information.
  2. Q: How long does it take to receive a response to an application for information disclosure?
    A:The administrative organ shall respond within 20 working days from the date of receipt of the application; for applications requiring correction, the time limit shall start from the date of receipt of the correction notice, and the applicant may request a reconsideration if the response is overdue.
  3. Q: How can law enforcement verify the basis for demolishing vegetable gardens?
    A:Applicants may submit written requests to obtain access to documents such as penalty decisions on law enforcement actions, survey records, and enforcement records. The administrative authorities shall provide a comprehensive response in accordance with the law.
  4. Q: What information can be kept confidential and not be disclosed to the public?
    A:Only the circumstances of exemption from disclosure as stipulated by law (such as Article 16 of the Regulations) can be exempted from disclosure. Administrative organs must specify the specific provisions and cannot refuse to disclose information in a general way.
  5. Q: Can the review confirm that the failure to perform duties is illegal?
    A:Yes. According to the Administrative Review Law, the review organ can confirm that the administrative act is illegal and order the responsible party to perform their duties. In this case, this approach was adopted.