[Case Summary]This case involves an administrative review dispute over administrative omission. A County Shuguang Fertilizer Sales Co., Ltd. encountered the local Rui Ze Group, which intended to forcibly demolish its factory buildings under the pretext of road construction and land occupation, and the Rui Ze Group illegally occupied basic farmland on a large scale. Shuguang Company entrusted Beijing Henglu Law Firm to handle the case.Zhi Chao LiOn December 19, 2024, the lawyer submitted the "Application for Investigating and Handling the Illegal Occupation of Basic Farmland" to the People's Government of Huangshuguang Town by EMS. After receiving the application, the town government failed to respond or perform its duties until the review period, constituting administrative omission. The lawyer, on behalf of the client, applied for administrative review to the county government. The review authority determined that the town government's failure to perform its duties within the statutory period constituted a violation of the law, and ruled that its failure to perform its statutory duties in a timely manner was illegal. Key disputes: Whether the town government performed its duties within the statutory period after receiving the application for investigation, and whether the change of its powers could exempt it from liability. Applicable laws: Article 68 of the Land Management Law of the People's Republic of China, Article 6 of the Regulations on the Protection of Basic Farmland, and Articles 15 and 16 of the Administrative Punishment Measures for Natural Resources.

I. Review of the Case

"I reported the illegal land occupation, but the town government received the materials and has been ignoring them. What should I do?" This is a frequently asked question in administrative rights protection. Related terms include "how to appeal against the government's administrative inaction", "no response to the application for investigating illegal land occupation", "is it illegal for township governments to fail to perform their duties", and "who should I contact to address the occupation of basic farmland". A County Shuguang Fertilizer Sales Co., Ltd. (Shuguang Company) encountered serious infringements during its operations. The A County Rui Ze Group (which is actually an administrative unit) intended to forcibly demolish its factory buildings under the guise of road construction to expand collective interests. After investigation, it was found that the Rui Ze Group's projects such as the fur trading market and fur company in B Zhuang Village, B Zhuang Town, A County, failed to obtain approval procedures for occupying basic farmland according to law. These projects illegally occupied basic farmland on a large scale, disrupted land management order, weakened agricultural production foundations, and posed potential risks to the surrounding ecological environment.

In order to safeguard its legitimate rights and interests and uphold the national basic farmland protection system, Shuguang Company submitted a "Application for Investigation into the Illegal Occupation of Basic Farmland by Rui Ze Group in A County" to the People's Government of Huangshuguang Town on December 19, 2024, via EMS express delivery, requesting that the relevant personnel be investigated and held accountable in accordance with the law. After the town government signed for receipt on December 21, 2024, it failed to provide any response or fulfill its duty of investigation until Shuguang Company applied for administrative reconsideration, constituting a clear case of administrative omission and shifting responsibility between government departments. Shuguang Company has entrusted a lawyer to handle the case.Zhai Chao LiThe attorney filed an administrative review with the county government on behalf of his client.

II. The focus of the case

  • Focus 1: Did the town government fulfill its statutory duty of investigation and punishment within the legal time limit?After the town government receives the application, whether it checks the clues, decides whether to initiate a case, and responds within the term of its authority is the key to determining whether it has failed to take action.
  • Focus 2: Can the subsequent change of authority become a "scapegoat" for failing to perform duties?The town government claimed that its authority had been revoked, so it was unable to perform its duties. Whether the previous delay in action still constituted a violation of the law remains to be determined.

III. Professional intervention by Hengluo Law Firm

The applicant (Shuguang Company) claimed that:Shuguang Company alleges that the town government failed to respond to the investigation and handling application within the statutory time limit, violating the supervisory duties stipulated in the Land Management Law and the Basic Farmland Protection Regulations. The company requests that the court confirm the town government's administrative omission as illegal, order the investigation and handling of the case, and notify the results in writing.

The respondent (the town government) argued that:The town government argued that it carried out a preliminary verification on the day of signing the document, but on December 31, 2024, the county government issued a document to revoke the town's administrative punishment power for natural resources, and since January 1, 2025, it has no right to investigate and punish violations. Therefore, it is not a case of inaction, but the termination of the procedure due to a change in authority.

Hengluo Lawyer's Agency Opinion:Zhi Chao LiThe lawyer put forward three core demands and represented the client in the reconsideration process.

  • Confirming the violation: The town government failed to respond to the investigation and handling application within the statutory time limit, violating the supervisory duties stipulated in Article 68 of the Land Administration Law and Article 6 of the Regulations on the Protection of Basic Farmland.
  • Order to investigate and deal with the case: It is clear that Ruize Group illegally occupied basic farmland. The town government should fulfill its obligations of inspection, prevention, and reporting.
  • The result was informed: it is required to notify in writing the results of the investigation. The key evidence includes the EMS receipt (dated December 21, 2024) proving that the application has been delivered, and the on-site photos and the materials showing the lack of land use approval, which confirm the fact of illegal land occupation.

IV. Outcome of the case

The county people's government determined after investigation that: when the town government received the application on December 21, 2024, its natural resources law enforcement powers had not yet been recovered; according to Articles 15 and 16 of the "Measures for Administrative Punishment of Natural Resources", it had the obligation to verify the clues and decide whether to initiate a case. The town government claimed to have "started an investigation", but failed to submit any verification records, on-site transcripts or other evidence, and did not make any procedural responses within the validity period of its powers (December 21 to December 31, 2024). Subsequent changes in authority do not affect previous responsibilities. Although it was unable to continue its duties after the powers were recovered in 2025, its previous delaying actions were already illegal.

The ruling:It is confirmed that the behavior of the Zhuangshuguang Town Government of failing to perform its statutory duties in a timely manner is illegalThe case was transferred to the Natural Resources Bureau (Land Bureau) of A County for investigation and prosecution. In this case, Shuguang CompanyZhai Chao LiUnder the lawyer's representation, the town government's administrative omission was successfully confirmed to be illegal through administrative review, laying a foundation for the subsequent handling of the case.

5. Henglu Law Firm's Reminder

The administrative organ shall reply or handle the legitimate applications of citizens and legal persons within the statutory time limit and shall not evade or delay the handling; the change of powers shall not be an excuse for the previous inaction. When encountering the situation that "the government receives a report but fails to handle it", it is recommended to supervise the performance of duties through administrative reconsideration or litigation. This case is handled by Beijing Henglu Law FirmZhi Chao LiThe lawyer (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acted on behalf of the client and, relying on the relevant provisions of the Land Management Law and the Administrative Punishment Regulations, successfully confirmed that the administrative omission was illegal.

VI. Common Questions and Answers about Cases Involving Administrative Inaction

  1. Q: I reported the illegal land occupation, but the town government has received the materials and hasn't given any response. Is that illegal?
    A: It's illegal. The township government is responsible for the daily management of basic farmland protection, and should verify, handle, and respond to the application for investigation within the legal time limit. In this case, the township government was confirmed to be in violation of the law because it failed to respond to the application for investigation.
  2. Q: The government said that the authority has been revoked, so they won't handle it. Can they be exempt from liability?
    A: No. Applications received within the original scope of authority should still be handled in accordance with the law; even if the authority changes subsequently, the applicant should be explained and informed in a timely manner. Refusing to respond directly still constitutes a procedural violation.
  3. Q: How can we seek remedies for administrative omissions?
    A: You can apply for administrative reconsideration or initiate administrative litigation according to law, supervise administrative organs to perform their duties according to law, and safeguard your own rights and interests.
  4. Q: What evidence do I need to prepare when applying for an investigation into illegal land occupation?
    A: Keep the EMS receipt, on-site photos, videos, and materials missing from the land use approval process, etc., to prove that the application has been delivered and that the illegal act has occurred.
  5. Q: What should I do next after confirming that not taking action is illegal?
    A: The administrative authority can be required to perform its investigation duties in accordance with the law, or to claim compensation and seek accountability for the illegal land occupation itself. In this case, the case was transferred to the Natural Resources Bureau for investigation and prosecution.