[Case Summary]This case involves an administrative review of the investigation and handling of illegal land occupation (in the field of land expropriation and demolition). Villager Liu Zhigang's legal residential land was illegally occupied and built on by Li Guangtian for a long time. When he submitted the "Application for Investigation and Handling of Illegal Land Occupation" to the Agriculture and Rural Affairs Bureau of A City, it was rejected. He then entrusted Beijing Henglu Law Firm to handle the case for him.Song MeinaThe lawyer initiated an administrative review. The lawyer argued that the refusal to accept the application constituted administrative omission. The review organ verified the facts of mailing and refusal, and ordered the respondent to provide a reply within a specified time limit in accordance with Article 66 of the Administrative Review Law. The core disputes are whether the refusal to accept the application constitutes omission and whether the defense of responsibility attribution is valid. Applicable laws: Article 77 of the Land Administration Law of the People's Republic of China and Article 66 of the Administrative Review Law of the People's Republic of China.

I. Review of the case

"How to report that someone has occupied my homestead?" "What should I do if my application for investigating illegal land occupation is rejected?" "Who is responsible for handling illegal construction in townships and agricultural and rural bureaus?" These are common search terms among villagers. The applicant, Liu Zhigang, is a villager of Shuguang Village in XX Town, A City, Hebei Province, and legally owns the right to use Homestead No. 101 in Shuguang Village. Since 2004, Li Guangtian has illegally occupied the homestead and village collective land without obtaining approval procedures and refused to stop construction despite being advised to do so. After seeking help from various channels without success, Liu Zhigang entrusted Henglu Law Firm to handle the case for him.Song MeinaThe lawyer intervened. Attorney Song instructed the client to mail the "Application for Investigation of Illegal Land Occupation" to the A City Agriculture and Rural Affairs Bureau on December 3, 2025, but the bureau refused to accept it without a valid reason. Attorney Song believed that the refusal to accept the application constituted administrative omission, so he filed an administrative review with the A City People's Government, requesting that the bureau be confirmed to have violated the law and ordered to fulfill its obligations within a specified time limit.

II. The focus of the case

  • Focus 1: Does the respondent's refusal to accept the application constitute administrative omission?Receiving a mailed application but refusing to accept it, or failing to inform the applicant of the processing opinion or the transfer situation, constitutes a violation of the applicant's rights and interests.
  • Focus 2: Is the responsibility for investigating and dealing with illegal land occupation within the remit of the Agriculture and Rural Affairs Bureau?The respondent argued that according to Article 77 of the Land Administration Law, the natural resources department is responsible for it, and the township is responsible for the list of powers delegated to townships.
  • Focus Three: Should those who fail to fulfill their responsibilities be required to provide written reasons for their actions?Even if it is not within their responsibilities, administrative authorities should also inform the parties concerned in writing of the basis and reasons for their actions.

III. The professional intervention of Hengluo Law Firm

The applicant (Liu Zhigang) claims that:Liu Zhigang claimed that the Agricultural and Rural Affairs Bureau refused to accept his application for investigation of illegal land occupation and failed to reply within the time limit, which constituted administrative omission. He requested the court to confirm that the refusal to accept the application was illegal and order the bureau to perform its statutory duties within a specified time limit.

The respondent (the Agriculture and Rural Affairs Bureau) argued that:They argued that the refusal to accept the application was reasonable and legal. According to Article 77 of the Land Management Law, illegal land occupation shall be punished by the natural resources department. Combined with the Administrative Punishment Law and the list of powers delegated to townships, they claimed that the investigation and punishment of rural villagers who illegally occupy land to build houses does not fall within their scope of duties.

Hengluo Lawyer's Agency Opinion:Song MeinaThe lawyer pointed out that the applicant did indeed mail the application on December 3, 2025, but the respondent refused to accept it on December 5 and failed to provide evidence to prove that the applicant had been informed of the handling opinion or the transfer situation. Even if the administrative organ considers it not its responsibility, it should inform the counterparty in writing of the basis and reasons for its failure to perform its duties, and provide necessary explanations and guidance, rather than simply refusing to accept the application. The act of refusing to accept the application constitutes administrative omission, and the administrative organ should be ordered to perform its duties in accordance with the law.

IV. Outcome of the case

The review authority found that: the applicant mailed the application on December 3, 2025, but the respondent refused to accept it on December 5 and failed to provide evidence to prove that the processing result had been informed to the applicant within the statutory time limit. According to Article 66 of the Administrative Review Law of the People's Republic of China, it is decided to order the respondent to make a reply to the applicant's "Application for Investigating and Handling the Illegal Land Occupation" within a specified period; if the applicant disagrees with the decision, he/she may file an administrative lawsuit within 15 days from the date of receiving the decision notice.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Song MeinaAttorney (Practice License No.: 11101202511880410, subject to the document issued by the judicial administrative organ): Acting on behalf of the client. Beijing Henglu 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 upholds the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

VI. Common Questions and Answers about Administrative Review of Illegal Land Occupation

  1. Q: How to report that someone is illegally occupying my residential land?
    A:You can submit a written "Application for Investigation of Illegal Land Occupation" to the administrative authorities with investigation responsibilities (such as agriculture and rural affairs, natural resources, or empowered townships) and keep the mailing receipt, demanding that the case be investigated according to law. If the application is rejected, you can file for reconsideration or litigation.
  2. Q: What should I do if the authority refuses to accept my application for investigation and prosecution?
    A:Rejecting the application without providing any processing opinion or transfer information constitutes administrative omission. Based on the mailing and rejection certificates, the applicant may, with the assistance of a professional lawyer, initiate an administrative review to request confirmation of the violation and an order for a response within a specified timeframe.
  3. Q: Which department is responsible for dealing with illegal land occupation?
    A:According to the Land Management Law, illegal land occupation is generally punished by the natural resources department; for the investigation and punishment of rural villagers illegally occupying land to build houses, many places entrust the responsibility to townships through empowerment lists, and the specific measures are subject to local regulations.
  4. Q: Can an authority just not respond if it says the matter is not within its jurisdiction?
    A:No. Even if the administrative organ believes that it is not its responsibility, it should still inform the counterparty in writing of the basis and reasons for its failure to fulfill its responsibilities, provide explanations and guidance, and simply refusing to accept the documents is a procedural violation.
  5. Q: Can I still sue after the review of the illegal land occupation?
    A:Yes. If you are not satisfied with the review decision, you may file an administrative lawsuit with the people's court with jurisdiction within 15 days from the date you receive the review decision notice in accordance with the law.