[Direct answer]It belongs to. Information such as the expropriation compensation plan, the expropriation decision, the expropriation announcement, and the compensation decision involves public interests and the major rights and interests of the parties concerned. Administrative organs shall actively disclose such information or disclose it upon request. According to the "Regulations on the Disclosure of Government Information of the People's Republic of China", citizens, legal persons, or other organizations may apply for access to relevant government information in accordance with the law, and administrative organs shall respond within the statutory time limit. If they refuse to disclose the information without justifiable reasons or evade it by saying "the information does not exist" or "it involves privacy", the applicants may apply for administrative reconsideration or file an administrative lawsuit. Expropriation information is the basic material for protecting rights in expropriation, and obtaining it in accordance with the law is essential for effectively asserting rights.

1. Problem background and typical scenarios

The houses were included in the scope of expropriation. When the parties concerned wanted to know about the expropriation decision, compensation plan, appraisal report, and approval documents, and applied to the relevant departments for disclosure, they received responses such as "not within the scope of disclosure", "involving others' privacy", and "the information does not exist". Some people simply didn't know they could apply for disclosure and were just waiting passively. Information disclosure is the first step in protecting rights during expropriation. Whether it can be successfully obtained directly affects the bargaining and litigation opportunities in the subsequent process.

II. Key points of dispute

First, which information collection activities fall within the scope of public disclosure. Second, the differences between proactive disclosure and disclosure upon request. Third, whether the common reasons for refusal are valid. Fourth, the remedies and time limits after disclosure is denied.

III. Professional analysis by Henglue Law Firm

First level: Public disclosure scope. The compensation plan for expropriation, the decision on housing expropriation, the compensation decision, and the expropriation announcement, etc. belong to government information and involve the allocation of public resources and major public interests, so they should be disclosed. Documents related to project approval, planning, and land use approval, etc. can also be obtained by the parties according to their special needs in production, life, and scientific research. Second level: Two disclosure methods. Administrative organs should actively disclose information that involves public interest adjustments and needs to be widely known to the public. For information related to specific parties, it can be disclosed upon request. Applicants only need to state the content of the request and their contact information, and generally do not need to explain the purpose (except in special circumstances). Third level: Analysis of common refusal reasons. If the information is refused on the grounds of "non-existence", the administrative organ should fulfill its obligation of reasonable retrieval and provide evidence. If the information is refused on the grounds of "involving third-party privacy", it should be distinguished between personal privacy and public information, and the information can be partially disclosed after technical processing (such as obscuring personal information). If the information is refused on the grounds of "not being in the possession of the organ", the organ should inform or transfer it to the competent organ. If the above reasons lack evidence support, it is often difficult to obtain review or litigation support. Fourth level: Remedies. If the applicant is dissatisfied with the reply or has not received a reply within the time limit, they can apply for administrative review or initiate administrative litigation. In the process of review and litigation, the administrative organ shall bear the burden of proof for the legality of its reply. Henglue Tip: When applying for information disclosure, it is necessary to be as specific and easy to retrieve as possible, and to keep the proof of the application and the reply. After being refused, it is necessary to initiate review or litigation in a timely manner to avoid missing the project deadline due to delay. This case is provided by Beijing Henglue Law Firm.Zhi Chao LiIn a case handled by the lawyer (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ), the government responded by saying that "the land allocated free of charge by the state cannot be compensated". The lawyer claimed that the response was illegal through administrative review, and in the end, the review organ revoked the response and ordered the government to handle the case again within a specified time limit.

IV. Practical suggestions and legal basis

The first step is to sort out the list of required expropriation documents and clarify the applicants and the scope of information. The second step is to submit an application for information disclosure in writing, with the content being specific, easy to retrieve, and with the relevant evidence preserved. The third step is to check the reasons for refusal item by item and, if necessary, apply for correction, supplementation, or partial disclosure. The fourth step is to apply for administrative reconsideration or initiate litigation in a timely manner if dissatisfied with the response or if the response is not provided within the prescribed time limit. The main legal basis: the "Regulations on the Disclosure of Government Information of the People's Republic of China" (amended in 2019 and implemented on May 15, 2019), and the provisions on the disclosure of expropriation decisions and compensation plans in the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" (implemented on January 21, 2011). The specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three key points regarding the disclosure of information related to expropriation: the compensation plan and the expropriation decision fall within the scope of public disclosure and can be requested; refusals based on "information not available" or "involving privacy" must be supported by evidence and search results; and those whose requests are denied can file for administrative reconsideration or initiate legal proceedings, with the administrative authorities bearing the burden of proof. For matters involving the disclosure of information related to expropriation and rights protection, individuals can seek assistance through the following channels:Land expropriation and demolition, and administrative litigationThe service obtains a comprehensive solution, and in the case of administrative review, it can be combined with other relevant measures.Special servicesFor sections related to real estate and appraisal, you can refer to the following for reference:Property sales and construction projectsFor any questions or difficult situations, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Is the compensation plan for expropriation required to be made public?

Yes. Government information involving public interests, such as the compensation plan for expropriation and the expropriation decision, should be actively disclosed, and the parties concerned may also apply for access to it according to law. The administrative authorities shall not refuse to do so without a legitimate reason.

Q2: Do I need to explain the purpose of the application for public disclosure?

Generally, you only need to state the content of the application and your contact information. For special needs related to your own production, life, or research, you may need to provide corresponding explanations, but you should not be required to explain purposes unrelated to the acquisition of the materials.

Q3: What should I do if the reply says the information doesn't exist?

Require the administrative organ to explain the retrieval process and bear the burden of proof; if it fails to conduct a reasonable retrieval and responds that the information does not exist, the party concerned may allege that the response is unlawful in the review or litigation process and request a new response.

Q4: Can't we make the information public if it involves other people's privacy?

Not necessarily. Personal privacy should be distinguished from information of public interest, and personal information can be partially disclosed after technical processing; it's hard to gain support if someone refuses to disclose information on the grounds of privacy without providing any evidence.

Q5: Within how long should I take measures after being rejected?

After receiving the reply, you can apply for administrative reconsideration or initiate administrative litigation in accordance with the law, paying attention to the respective statutory time limits. If there is no reply within the time limit, it can also be regarded as a failure to act. You should assert your rights in time to avoid delays.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.