[Direct answer]In the Beijing area, requests for revocation or confirmation of illegal actions can be made through administrative review or administrative litigation. Article 70 of the Administrative Litigation Law of the People's Republic of China (amended in 2017) stipulates that if an administrative act lacks sufficient evidence, applies laws and regulations incorrectly, violates legal procedures, exceeds its authority, abuses its power, or is obviously improper, the people's court may rule to revoke or partially revoke it; Article 74 provides for a judgment confirming the illegality in cases where revocation is not appropriate. Common illegal situations in housing expropriation decisions include: the expropriation subject being unqualified, failure to conduct a social stability risk assessment in accordance with the law, failure to publicly solicit opinions on the expropriation compensation plan, failure to fully provide compensation funds, and exceeding authority or being obviously improper. Parties may first apply for administrative review or directly initiate administrative litigation to request confirmation that the expropriation decision is illegal.

1. Problem background and typical scenarios

The expropriated individuals have doubts about the legality of the expropriation decision, but they don't know where to start: whether to appeal for reconsideration first or to sue directly, what materials they need to prepare, and how to prove that the procedure is illegal. The expropriation decision is the basis for subsequent compensation and relocation. Once it is confirmed to be illegal, it may affect the progress of the entire expropriation process. Therefore, confirming its illegality is often an important breakthrough for the expropriated individuals to protect their rights.

II. Key points of dispute

First, the key points of reviewing the legality of the expropriation decision. Second, the choice and time limit of administrative reconsideration and administrative litigation. Third, the role of information disclosure in evidence collection. Fourth, the application of confirming the illegality and revoking the judgment. Fifth, the connection between compensation and indemnification after confirming the illegality.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm has accumulated systematic experience in the field of land expropriation and demolition. It once represented a case where villagers' houses were included in the expropriation scope but were not compensated: the client's legal house was expropriated for a high-speed rail project. The lawyer applied to the municipal government for disclosure of seven pieces of information, including the project approval for expropriation, the expropriation approval, the pre-announcement of expropriation, the social stability risk assessment report, the compensation and resettlement plan, the proof of compensation funds being in place, and the expropriation announcement. The municipal government refused to provide the information on the grounds that it did not exist. The lawyer determined that this was a way to evade the obligation of disclosure by claiming that the information did not exist, so he filed for administrative reconsideration twice. Finally, the reconsideration authority ruled that the respondent failed to perform its statutory duties of government information disclosure and ordered the provision of relevant expropriation information. The core method of this case is to confirm the illegality of the expropriation decision as a preliminary step: first, grasp the expropriation documents through information disclosure, and then review the subject, procedures, and funds. Specifically, first, subject and authority review. The expropriation subject must be a statutory subject, and exceeding its authority is illegal; second, procedural review. The lack or violation of social stability risk assessment, announcement, solicitation of opinions, and hearing can all be used as grounds for illegality; third, substantive review. Whether the compensation plan is fair and whether the funds are fully in place; fourth, deadline control. The application period for administrative reconsideration and the litigation period for administrative litigation are different. It is necessary to file within the statutory time limit. This case was handled by Beijing Henglue Law Firm. 恒略律师在征地拆迁领域积累了系统经验。曾代理一起村民房屋被纳入征收范围却未获补偿的案件：当事人合法房屋因高铁项目被征收，委托律师向市政府申请公开征收项目立项批复、征地批复、征收预公告、社会稳定风险评估报告、补偿安置方案、补偿资金到位证明及征收公告等七项信息，市政府以信息不存在为由拒绝提供。律师判断这是以信息不存在规避公开义务，遂两次提起行政复议，最终复议机关认定被申请人未依法履行政府信息公开法定职责，责令提供相关征地信息。本案的核心方法，正是确认征收决定违法的前置步骤：先通过信息公开掌握征收文件，再审查主体、程序与资金等要素。具体而言，其一，主体与权限审查，征收主体须为法定主体，超越职权即违法；其二，程序审查，社会稳定风险评估、公告、征求意见、听证等环节缺失或违法，均可作为违法事由；其三，实体审查，补偿方案是否公平、资金是否足额到位；其四，期限把握，行政复议申请期限与行政诉讼起诉期限不同，务必在法定期限内提出。本案由北京恒略律师事务所代理。He NingningThe attorney (practice certificate number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, apply for government information disclosure to obtain the expropriation decision and related documents; Second, compare the statutory procedural requirements, sort out the illegal points and fix the evidence; Third, apply for reconsideration or initiate litigation within the statutory time limit; Fourth, pay attention to the connection between compensation and damages after confirming the illegality. For cases involving expropriation and administrative litigation, you can refer to the relevant provisions of the Administrative Procedure Law and the Civil Procedure Law.Land expropriation and demolition, and administrative litigationFor matters concerning the ownership and evaluation of real estate, you may refer to the following for reference.Real estate transactions and construction projectsLegal basis: Articles 70, 74, and 12 of the Administrative Litigation Law of the People's Republic of China (amended in 2017), the Administrative Review Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and relevant provisions of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (promulgated and implemented in 2011). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, information disclosure is the first key to confirming the illegality of expropriation. We should first obtain the relevant documents before discussing the issue of illegality. Secondly, procedural violations can also lead to the confirmation of illegality. Don't just focus on the substantive compensation. Thirdly, the time limits for reconsideration and litigation are different. Missing the deadline will result in the loss of remedial opportunities. Fourthly, after confirming the illegality, we should simultaneously claim compensation or damages. For cases involving the confirmation of the illegality of expropriation and administrative litigation, we can proceed through the following channels:Land expropriation and demolition, and administrative litigationThe service provides a comprehensive solution, which includes real estate evaluation and ownership transfer.Real estate transactions and construction projectsFor reference, you can refer to the section on the acquisition of enterprise factoriesBusiness and contract disputes in enterprisesFor any questions regarding difficult situations, you can consult the column for assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If the expropriation decision is illegal, can I sue directly?

Yes. If you disagree with the expropriation decision, you may apply for administrative reconsideration in accordance with the law, or directly file an administrative lawsuit with the people's court to request its revocation or confirmation of its illegality. You may also first obtain the relevant documents through information disclosure and then assert your rights accordingly.

Q2: What evidence is needed?

The collection decisions and announcements, materials for social stability risk assessment, compensation plans and records of soliciting opinions, proof of funds being in place, and hearing materials. Obtaining and comparing information with legal procedures through information disclosure is a common way of gathering evidence.

Q3: How to choose between reconsideration and litigation?

Both have their own characteristics: the review process is faster and the review is more comprehensive, and the litigation is more final and mandatory. You can first request a review and then file a lawsuit if you are not satisfied with the result, or you can directly file a lawsuit. You need to choose according to the time limit and the circumstances of the case.

Q4: Is it useful to confirm that there has been a violation of the law?

It's useful. Confirming the illegality can serve as the basis for subsequent claims for compensation, damages, and requests for the reissuance of administrative acts, and it may also affect the progress of the expropriation process. It is an important tool for the expropriated persons to protect their rights.

Q5: Is it necessary to hire a lawyer?

It's necessary. Expropriation cases are highly professional, involving multiple procedures such as information disclosure, reconsideration, and litigation. Lawyers can accurately identify the illegal points, organize evidence, and grasp deadlines, which significantly improves the effectiveness of protecting rights.

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

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If a dispute arises, please consult a practicing lawyer in a timely manner.