[Case Summary]This case is an administrative review case of government information disclosure failure (in the field of land expropriation and demolition). Liu Lili, a villager, had her house forcibly demolished due to land expropriation. When she applied to the A County Natural Resources and Planning Bureau for information disclosure, her application was rejected and the bureau failed to respond within the statutory time limit. She then entrusted Beijing Henglu Law Firm to handle the case for her.He NingningThe lawyer initiated an administrative review. The lawyer claimed that the failure to respond within the time limit constituted omission of duty according to Article 33 of the Regulations on the Disclosure of Government Information. The review organ held that the respondent's failure to submit a response and evidence was deemed unfounded, and ordered it to perform its statutory duties within the time limit. The core dispute is whether the administrative organ's failure to respond within the time limit constitutes omission of duty and whether it should be ordered to perform its duties. Applicable laws: Article 33 of the Regulations on the Disclosure of Government Information of the People's Republic of China, and Articles 65, 66, and 70 of the Administrative Review Law of the People's Republic of China.

I. Review of the case

"What should I do if the government refuses to disclose information about land expropriation and demolition?" "What should I do if my application for information disclosure is rejected?" "What should I do if the government fails to disclose information and refuses to respond to appeals?" These are the most frequently searched keywords by those who have been expropriated. Liu Lili, a villager of Shuguang Village, XX Town, A County, Shijiazhuang City, owned a legal homestead and house at No. 41 in Shuguang Village and lived there for a long time. In 2025, due to the advancement of the land expropriation project, her house was forcibly demolished. To protect her rights and interests, Liu Lili sought help from a lawyer who specializes in the field of land expropriation and demolition.He NingningThe lawyer helped protect her rights. Attorney He guided Liu Lili to mail the "Application for Disclosure of Government Information" to the A County Natural Resources and Planning Bureau, requesting the disclosure of land expropriation and demolition information. The application was received on October 10, 2025. However, until the administrative review was initiated, the bureau never provided a written response or informed her of the extension. Its passive failure to act violated her right to information.

II. The focus of the case

  • Focus 1: Does the respondent's failure to reply within the time limit constitute administrative omission?If no reply is given within 20 working days after receiving the application, and no extension notice is provided, it violates Article 33 of the Regulations on the Openness of Government Information.
  • Focus 2: The legal consequences of the respondent failing to submit a reply and evidence during the review process.If the administrative act is deemed to lack evidence or legal basis, the review organ may order the responsible party to fulfill its obligations.
  • Focus 3: Is the disclosure of information a necessary preliminary procedure for exercising the right to protect one's interests in the process of expropriation?Obtaining the expropriation documents is the basis for determining the legality of the expropriation and clarifying the direction of subsequent rights protection.

III. The professional intervention of Hengluo Law Firm

The applicant (Liu Lili) claimed that:Liu Lili claimed that the Natural Resources and Planning Bureau of A County failed to respond to her request for information disclosure within the prescribed time limit, infringed her right to know and hindered her subsequent efforts to protect her rights. She requested that the court confirm the bureau's failure to act as illegal and order it to provide a written response within a specified time limit.

The respondent's (administrative organ's) position:During the reconsideration, the respondent failed to submit the administrative reconsideration reply letter and other evidence within the statutory time limit, and did not make any written reply to the applicant.

Legal Opinion by Hengluo Law Firm:He NingningThe lawyer decisively filed an administrative review, pointing out according to Article 33 of the Regulations on the Disclosure of Government Information that the administrative organ shall respond to the application within 20 working days if it cannot respond on the spot, and the extension shall not exceed 20 working days; as of the date of the review application, the respondent still failed to respond without a legitimate reason, which constitutes passive inaction. And according to Articles 65 and 66 of the Administrative Review Law, the lawyer filed a request for review. The review organ found through trial that the respondent failed to submit a response and evidence.

IV. Outcome of the case

The review organ held that if the respondent fails to provide a written response, submit evidence and other materials in accordance with Articles 48 and 54 of the Administrative Review Law, it shall be deemed that the administrative act lacks evidence and basis. According to Article 70 of the Administrative Review Law, it decided to order the respondent, the Natural Resources and Planning Bureau of A County, to perform its statutory duties within a certain period of time (to provide a written response to the applicant's request for government information disclosure in accordance with the law).

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.He NingningAttorney (Practice Certificate No.: 11101202511925103, subject to the certificate issued by the judicial administrative organ). Beijing Hengluo Law Firm specializes in criminal defense, land expropriation and demolition, marital and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. The firm always maintains the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

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

  1. Q: How long should it take to respond to a request for government information disclosure?
    A:If the administrative organ cannot respond to the application on the spot, it shall respond within 20 working days from the date of receipt; if it needs to be extended, it shall obtain the consent of the person in charge and inform the applicant. The maximum extension period shall not exceed 20 working days.
  2. Q: What should I do if government departments refuse to accept or respond to requests for information disclosure?
    A:You can, with evidence such as mailing receipts and signing records, file an administrative review request with the help of a professional lawyer to determine the illegality of the government's inaction and order a response within a specified timeframe. If you are not satisfied with the review result, you can also initiate an administrative lawsuit.
  3. Q: Why do we need to apply for information disclosure before carrying out land expropriation and demolition?
    A:When the expropriating party fails to publish the expropriation documents, applying for information disclosure is a necessary preliminary procedure. Only by obtaining documents such as the land expropriation approval and the compensation plan can we identify illegal acts and initiate administrative reconsideration or litigation in a targeted manner.
  4. Q: What will happen if the administrative organ fails to submit evidence during the reconsideration process?
    A:If the respondent fails to submit a reply and evidence within the statutory time limit, it shall be deemed that the administrative act lacks evidence and basis. The reconsideration organ may revoke it, confirm its illegality, or order it to perform within the time limit.
  5. Q: What should we pay attention to regarding the statute of limitations for not taking legal action to protect our rights when information is disclosed publicly?
    A:The entire process should not be delayed. It is necessary to apply for review or litigation in a timely manner to avoid missing the opportunity to safeguard one's legitimate rights and interests or even exceeding the statute of limitations for relief.