[Case Summary]This case involves\nGovernment inactionAn administrative review case. The applicant, Liu * *, is a villager of Shuguang Village, XX Township, A County, Sichuan Province. His house and homestead were included in the scope of expropriation due to the construction of the A Hydropower Station project. In November 2025, Liu * * mailed the "Compensation and Resettlement Application Form" to the People's Government of A County via EMS. After receiving the application, the respondent failed to initiate the compensation procedure or provide any response within the statutory time limit. Liu * * entrusted Beijing Henglu Law Firm to handle the case.I sincerely hope that you will be happy and healthy in the future.The lawyer represented the client in the administrative reconsideration. After review, the reconsideration organ, the Aba Prefecture People's Government, determined that the respondent had failed to perform its duty of replying in accordance with the law. In accordance with the "Administrative Reconsideration Law of the People's Republic of China", the reconsideration organ made a reconsideration decision, ordering the respondent to provide a reply within 60 days, and the applicant's procedural rights were safeguarded.

I. Review of the Case Facts

Applicant Liu * is a villager of Group 1, Shuguang Village, XX Town, A County, Sichuan Province. His house and residential land were included in the scope of expropriation due to the construction of the A Hydropower Station project. Due to disagreements with the expropriation compensation standards and procedures, the applicant mailed a "Compensation and Resettlement Application Form" to the A County People's Government via EMS express delivery on November 12, 2025, requesting full compensation for the house, residential land, and ancillary facilities in accordance with the law, as well as a proper resettlement plan. At the same time, the applicant applied for a reassessment of the relevant value. The mail was signed for receipt by the defendant's office on November 13, 2025.

After receiving the notice, the respondent failed to initiate the compensation procedure within the statutory time limit and did not make any form of decision, reply, or notification. Many people who have been expropriated are confused about "what to do if the government does not respond to the compensation application", "how to appeal against administrative inaction", and "can I sue if my application for land expropriation compensation and resettlement goes unanswered". This case is a typical example of such problems.

The applicant believes that the respondent's actions constitute administrative omission, which seriously damages his substantive right to fair compensation and his procedural right to require the administrative organ to perform its duties in accordance with the law. Therefore, he entrusted Beijing Henglu Law Firm to handle the case for him.I sincerely wish you all the best.The lawyer handles the administrative reconsideration case based on the principle of "confirming the illegality of the failure to perform duties + ordering the party to perform duties within a specified time limit".

II. The focus of the case

  • Determination of administrative omission: After the respondent receives the application for performance of duties, whether he/she responds within the statutory time limit, and whether the failure to respond constitutes a failure to perform statutory duties.
  • The allocation of the burden of proof: In administrative reconsideration, the administrative organ bears the burden of proof for the legality of its administrative acts. Can the delivery receipt alone prove that a reply has been given in accordance with the law?
  • The relationship between procedural rights and substantive rights: The procedural failure to respond to disputes involves compensating and resettling substantive rights. How to use procedures to exert pressure and create conditions for subsequent substantive dispute resolution.

III. Professional intervention by Hengluo Law Firm

In its response to the review, the respondent (the People's Government of A County) argued that it had promptly investigated and verified the matters claimed by the applicant and delivered the "Reply on the Application for Compensation and Resettlement" to the applicant in person. It maintained that the review application lacked legal basis and requested that it be dismissed. The applicant's representative (Hengluo Law Firm), on the other hand, focused on demonstrating the illegality of the administrative omission.

I respect and admire you, YiyiThe lawyer focuses on the following tasks and provides legal advice during the case handling process:

1. Accurately collect and fix evidence: Guide the applicant to organize the "Compensation and Resettlement Application Form", the EMS mailing receipt and signature records, and ID card copies, etc., to form a complete chain of evidence, proving that the respondent has received the application and failed to respond within the statutory time limit.

2. Clarify the legal analysis approach: Study the constitutive elements of administrative omission, the statutory time limit for administrative organs to perform their duties, and the distribution of the burden of proof in administrative reconsideration, and establish an agency plan of "confirming the illegality of omission + ordering the performance of duties within a specified time limit".

3. Draft the "Application for Administrative Reconsideration": Clearly request the respondent to make a decision within 15 working days and inform the applicant in writing. Discuss the illegality of the administrative omission systematically. Compare the time of EMS receipt and the time of delivery receipt to expose the respondent's flaw of "supplementing evidence after the fact".

IV. Outcome of the case

On February 4, 2026, the People's Government of Aba Prefecture accepted this case, and on April 2, 2026, it heard the applicant's opinions. The review organ held that: according to Article 11(11) of the Administrative Review Law of the People's Republic of China, the respondent failed to perform its statutory duties in accordance with the law, and the applicant has the right to apply for review; according to Article 44 of the same law, the respondent bears the burden of proof for the legality of the administrative act, but only submitted a delivery receipt, which cannot prove that it has responded in accordance with the law, and should bear the responsibility of insufficient evidence.

On April 3, 2026, the People's Government of Aba Prefecture issued the Administrative Reconsideration Decision Letter No. 4 [2026] of Aba Prefecture, finding that the respondent failed to perform its duty of responding in accordance with the law, and decided to order the respondent to provide a response within 60 days after receiving the decision letter. The applicant's procedural rights were effectively protected, laying a foundation for the subsequent resolution of the dispute over substantive compensation.

5. Henglu Law Firm's Reminder

In disputes over compensation for expropriation, if the administrative organ fails to respond to the application for performance of duties within the time limit, the expropriated person may apply for administrative reconsideration or initiate administrative litigation in accordance with the law to urge the administrative organ to perform its statutory duties. It is important to keep evidence such as mailing receipts and signing records, and to grasp the time limits for reconsideration and litigation. This case is handled by Beijing Henglu Law Firm.I respect and admire you, YiThe attorney (practice certificate number: 11101202510973791, subject to the certificate issued by the judicial administrative organ) acts as the agent.

VI. Common Questions and Answers about Land Acquisition and Demolition and Cases Involving Administrative Omissions

  1. Q: What should I do if the government doesn't respond to my application for compensation and resettlement? A: You can apply for administrative review or file an administrative lawsuit within the statutory time limit, requesting confirmation that the government's failure to act is illegal and ordering it to perform its duties within a specified timeframe; please note to keep the mailing receipt and signature records as evidence.
  2. Q: How to file an appeal against administrative inaction? A: Submit an appeal to the people's government at the same level as the administrative organ or to the competent department at the higher level, providing an application form and evidence demonstrating the administrative organ's failure to perform its duties. The reviewing authority may order the administrative organ to fulfill its obligations within a specified timeframe.
  3. Q: Can I sue if I have objections to the land expropriation compensation standards? A: If you have objections to the compensation standards or procedures, you can assert your rights through channels such as reconsideration, litigation, and applications for official duties. In this case, the right-holder first confirmed that the authorities failed to respond to the complaint, and then proceeded to address the substantive disputes to protect their rights.
  4. Q: Are there time limits for administrative reconsideration and litigation? A: Applications for administrative reconsideration generally should be submitted within 60 days from the date when the applicant learns of the administrative act; and the time limit for initiating administrative litigation is usually six months, subject to the relevant provisions of the Administrative Reconsideration Law and the Administrative Litigation Law.
  5. Q: Is it still considered legal if an administrative organ provides a reply after the statutory deadline? A: If the reply is obviously delivered after the statutory deadline and there are no legal justifications, it may still constitute a failure to perform or a delay in performing duties. In the review process, merely submitting a proof of service is often insufficient to prove that a reply was provided in a timely manner in accordance with the law.