[Case Summary]This case involves an administrative review dispute over the disclosure of government information regarding land contracting. Zhou * from XX County, Hengshui City, entrusted Beijing Henglue Law Firm to handle the case because his contracted land was encroached upon.Zhi Chao LiOn August 15, 2023, the lawyer applied to the XX County Agriculture and Rural Affairs Bureau for disclosure of the registration book, spatial location map, summary inventory, and boundary demarcation confirmation materials of Su *'s contracted land in the same village. The respondent signed for receipt on August 16 and failed to provide any response within 20 working days. The lawyer initiated an administrative review, and the review authority determined that the respondent's failure to respond within the statutory time limit constituted a failure to perform its statutory duties. Pursuant to the Administrative Review Law, the respondent was ordered to perform its duty of response within 20 working days from the date of receipt of the decision. The core dispute is whether the failure to respond within the time limit constitutes an omission of duty. Applicable legal provisions: Article 33 and Article 36 Paragraph 3 of the Government Information Disclosure Regulation, and Article 28 Paragraph 1 Item 2 of the Administrative Review Law.

I. Review of the case

The villagers are concerned about "what to do if the government refuses to disclose information about their neighbors' contracted land" and "can information disclosure be refused on the grounds of privacy". Zhou * is a villager of a certain village in XX County, Hengshui City. His contracted land was encroached upon. Due to the needs of production and daily life, he entrusted Henglu Law Firm to handle the case.Zhi Chao LiThe lawyer represented the client to safeguard their rights and applied to the XX County Agricultural and Rural Affairs Bureau for government information disclosure.

On August 15, 2023, the applicant submitted the application form by mail, requesting the public disclosure of the land contract management rights registration booklet, the spatial location map of the land contract management rights, the summary list of land contract situations, and the on-site boundary survey confirmation materials of Su *'s contracted land in the same village. After receiving the application on August 16, the respondent failed to make any response within 20 working days. Therefore, the lawyer initiated an administrative review in accordance with the Administrative Review Law, requesting to confirm the illegality of the failure to act and ordering the public disclosure.

II. The focus of the case

  • Focus 1: Does the Agriculture and Rural Affairs Bureau constitute administrative omission by failing to respond within the time limit?After signing the receipt, if there is no response within 20 working days, does this violate the statutory duties?
  • Focus Two: Whether it is justified to withhold information on the grounds of the confidentiality system.The respondent argued that it was illegal to search for old land information and not to disclose it in accordance with the confidentiality system.
  • Focus Three: What should the reviewing authority do in this case?Is it to confirm that the failure to act is illegal and order the party to perform the obligation within a specified time limit, or just to make a procedural correction?

III. Professional intervention by Hengluo Law Firm

The applicant (Zhou *) claimed that:According to Article 33 of the Regulations on the Disclosure of Government Information, the respondent shall reply within 20 working days. If there is no reply within the time limit, it will infringe upon legitimate rights and interests. Therefore, we request that the respondent's failure to act be confirmed as illegal and that the respondent be ordered to disclose the information.

The respondent (the Agriculture and Rural Affairs Bureau) argued that:The applicant requested to disclose the relevant information of Su's contracted land, as he failed to receive a timely response when searching for previous land information. According to the confidentiality system, the information related to Su's rural land contracting right cannot be disclosed in accordance with the law.

Hengluo Lawyer's Agency Opinion:Zhai Chao LiThe lawyer pointed out that after the respondent received the application on August 16, 2023, it should have provided a response within 20 working days. The failure to provide any response within the time limit clearly infringes the applicant's legitimate rights and interests. Even if it is considered confidential, the respondent should, in accordance with Article 36 Paragraph 3 of the Regulations on the Disclosure of Government Information, inform the applicant that the information will not be disclosed and give reasons for the decision, rather than remaining completely silent. The lawyer submitted evidence to initiate a review and requested legal support.

IV. Outcome of the case

The reviewing authority held that, according to Article 33 of the Regulations on the Openness of Government Information, the respondent should reply within 20 working days after receiving the application, and if an extension is necessary, it must be approved by the responsible person and notified to the applicant, with the extension not exceeding 20 working days. According to Article 36 Paragraph 3, if the decision is not to disclose the information, the respondent shall inform the applicant and explain the reasons. The respondent's failure to reply within the statutory time limit constitutes a failure to perform its statutory duties. Pursuant to Article 28 Paragraph 1 Item (2) of the Administrative Review Law of the People's Republic of China, the reviewing authority decided that the respondent shall perform its statutory duties within 20 working days from the date of receipt of this decision and respond to the applicant's request for disclosure of government information.

5. Hengluo Law Firm's Reminder

The silence in excess of the time limit is itself illegal. This case is handled by Beijing Henglu Law Firm.Zhi Chao LiAttorney (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acting as an agent. Attorney's reminder: After receiving the application for information disclosure, the administrative organ shall respond within 20 working days; if it considers the information not to be disclosed, it shall inform the applicant and explain the reasons. It cannot remain silent for a long time on the grounds of "not being able to find it" or "confidentiality". In such cases, the applicant may request a reconsideration to require the administrative organ to perform its duties within a specified time limit.

VI. Common Questions and Answers about Cases Involving the Disclosure of Land Acquisition Information

  1. Q:How should I handle it if the government refuses to disclose the information about my neighbor's contracted land when I apply for it?
    A:If the administrative organ fails to respond within 20 working days after receiving the document, it constitutes an omission of duty. In this case, the applicant may apply for administrative reconsideration, requesting that the administrative organ be confirmed to have acted illegally and ordered to provide a response within a specified time limit.
  2. Q:Is it legal for the government to refuse to disclose information on the grounds of maintaining confidentiality?
    A:Even if it is considered confidential, the government should, in accordance with the "Regulations on the Disclosure of Government Information", inform the public that the information will not be disclosed and give reasons for this. If the government remains completely silent and does not respond, it is still a failure to fulfill its statutory duties, and the decision can be reviewed and corrected through administrative reconsideration.
  3. Q:Can the land contracting management right registration book be applied for public disclosure?
    A:The contracted land register, spatial location map, and demarcation materials related to one's own rights and interests may be applied for public disclosure in accordance with the law; administrative authorities shall handle them in accordance with the statutory scope and time limit.
  4. Q:After the reconsideration orders the government to fulfill its duties, how long does the government have to respond?
    A:In this case, the review organ ordered the respondent to fulfill its duty to respond within 20 working days from the date of receiving the decision notice, which is consistent with the general response deadline.
  5. Q:The contracted land has been encroached upon. How can I verify the ownership evidence?
    A:You can apply for materials such as the public register of contracted land, summary catalogs, and boundary confirmation, which provide evidence of fixed ownership and scope, helping you prepare for subsequent rights protection or litigation.