[Case Summary]This case involves an administrative review of the disclosure of government information. Thirteen farm workers (or their family members) from A County, Hunan Province, were affected by the government's restructuring of the farm and the expropriation of their land and houses in 2010. To verify the legality of the expropriation and the resettlement policies, they entrusted the Beijing Henglu Law Firm to handle the case for them.Wen Pinliang is a talented writer with excellent literary works.The lawyer safeguards his rights. On April 18, 2014, the lawyer mailed the "Government Information Disclosure Application Form" to the People's Government of A County, requesting the disclosure of the restructuring plan, the expropriation announcement, the resettlement and compensation plan, and the list of resettled personnel. The county government only replied with a meeting minutes. The lawyer again applied for the disclosure of the "Housing Resettlement Measures and the List of Houses Delivered to Residents". After receiving the reply on June 6, the county government has not responded since then. The core dispute is whether the county government's failure to respond violates its statutory duties. Applicable laws: Article 33 of the "Regulations on Government Information Disclosure of the People's Republic of China" and the relevant provisions of the "Administrative Review Law". The review organ ordered the county government to respond within 20 working days.

I. Review of the case

The people subject to expropriation often search for terms like "What to do if the government doesn't disclose land expropriation information?", "No reply to the application for information disclosure within the time limit", and "How to check land expropriation and demolition information". Thirteen villagers living in County A of Hunan Province are employees (or family members of employees) of a certain farm in County A. In 2010, the farm was restructured by the government, and the county government expropriated the farm's land and houses. They deeply understand the importance of transparent and legal expropriation. To protect their rights and interests, they came to Henglu Law Firm for help upon hearing of its reputation, and the firm assigned an experienced lawyer in the field of expropriation and demolition to assist them.文品良The lawyer will handle it.

After accepting the client's commission, the lawyer initiated the procedure as soon as possible: in order to verify the legality of the expropriation and related resettlement policies, on April 18, 2014, the lawyer mailed the "Application Form for Government Information Disclosure" and its attachments to the People's Government of A County, requesting the disclosure of the farm's restructuring plan (policy), implementation plan (policy), acceptance report, and restructuring meeting minutes; expropriation announcements, resettlement and compensation plans, resettlement and compensation agreements, and the list of resettled personnel and specific resettlement benefits. On May 24, the lawyer received a notice from the county government, which only disclosed a copy of the "Office Meeting Minutes" (stating that "the housing resettlement method and the list of houses delivered to households have been determined at the meeting"). In order to obtain specific information, the lawyer mailed a reply to the notice on June 4, 2024, requesting the continued disclosure of "the housing resettlement method and the list of houses delivered to households". On June 6, the county government acknowledged receipt of the email, but has not provided any written response to date.

II. The focus of the case

  • Focus 1: Did the county government fail to fulfill its statutory duty to respond?Not replying to the application and failing to extend the time limit within 20 working days after receiving the application is a clear violation of Article 33 of the Regulations on the Openness of Government Information.
  • Focus Two: Whether the request for reconsideration can be supported.The county government argued that the applicant failed to submit an application for performing his duties and that the content of the application did not meet the requirements, so the rebuttal of the applicant needs to be reviewed by the reconsideration organ.
  • Focus 3: The relationship between villagers' right to information and compensation benefits.The disclosure of information is directly related to the compensation interests of the parties involved and serves as the foundation for safeguarding their rights.

III. The professional intervention of Hengluo Law Firm

The applicants (thirteen villagers) claimed that:The applicant alleges that the county government has "read but not replied" to the application for information disclosure, failed to perform its statutory duties, and requests that it be ordered to respond within 20 working days, with the specific content being the housing resettlement methods for the relocated personnel during the farm expropriation and the list of houses delivered to the households.

The position of the respondent (the county government):The county government claimed that we did not submit an application for government information disclosure to them, that this does not constitute administrative omission, and that the content of the application does not meet the requirements for information disclosure applications. They requested the municipal government to reject the application.

Legal Opinion by Hengluo Law Firm:文品良The lawyer pointed out that the county government's failure to respond and perform its statutory duties clearly violates Article 33 of the Regulations on the Disclosure of Government Information of the People's Republic of China: Where an administrative organ cannot respond to an application on the spot, it shall respond within 20 working days from the date of receipt of the application. Where an extension is necessary, it shall be approved by the person in charge and informed to the applicant, and the extension shall not exceed 20 working days. The lawyer, in accordance with Articles 6, 13, and 28 of the Administrative Review Law of the People's Republic of China, filed an administrative review with the municipal government, requesting that the county government be ordered to respond within a specified time limit to safeguard the legitimate rights and interests of the applicant and social fairness and justice.

IV. Outcome of the case

During the administrative reconsideration process, the county government claimed that we had not submitted an application for performance of duties, that our request did not constitute omission of duty, and that the content of our application did not meet the requirements, so it was rejected. After the trial, the higher authority ultimately supported our request文品良According to the lawyer's opinion, it is determined that the A County government has not responded to the applicants' requests for government information disclosure since receiving the application, which violates relevant legal provisions. Therefore, the administrative reconsideration decision is made: the respondent, the A County People's Government, is ordered to respond to the requests for government information disclosure from the applicants, including L * and other 13 people, within 20 working days. This case was successfully concluded under the lawyer's representation, successfully safeguarding the applicants' right to know.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.文品良Attorney (Practice Certificate No.: 11101201910111365, subject to the certificate issued by the judicial administrative organ). Beijing Hengluo Law Firm specializes in representing clients in various civil, commercial, administrative, and criminal cases. We have a team of experienced professional lawyers. If you need legal assistance, please contact our firm to obtain a tailored protection plan.

VI. Common Questions and Answers about the Disclosure of Information on Land Acquisition and Demolition

  1. Q: What should I do if the government never responds to my request for access to government information?
    A:The administrative organ shall respond to the application within 20 working days after receiving it. If the response is not provided within the time limit, the applicant may initiate administrative reconsideration or administrative litigation in accordance with the "Regulations on the Disclosure of Government Information" to request the administrative organ to provide a response.
  2. Q: What information must be made public during land expropriation and demolition?
    A:The announcement of expropriation, the resettlement and compensation plan, the compensation agreement, the list of resettled persons and their benefits, etc., all fall within the scope of information that should be disclosed proactively or upon request.
  3. Q: What materials should be prepared for an appeal against an information disclosure decision?
    A:Prepare the application form for information disclosure, the mailing receipt and the receipt record, the follow-up record, and the original reply (if any), to prove that you have submitted an application for performance of duties and have not received a reply in accordance with the law.
  4. Q: If the government says it has "responded", but the content of the response is irrelevant to the question, does that count as fulfilling its duty?
    A:No. The reply must respond to the application content one by one, accurately and completely. Making general excuses or giving irrelevant answers still constitutes a failure to fulfill the duty of replying in accordance with the law.
  5. Q: What is the relationship between information disclosure and compensation benefits?
    A:Public information is a prerequisite for verifying the legality of expropriation, resettlement policies, and compensation standards, and it directly relates to the compensation rights of the parties involved, serving as an important foundation for protecting their rights.