[Direct answer]In the Beijing area, it is useful and indispensable in many cases. The core difficulty of administrative litigation lies not in "whether one dares to sue", but in "what to sue, who to sue, and when to sue". According to the "Administrative Litigation Law of the People's Republic of China" (amended in 2017 and implemented on July 1, 2017), citizens, legal persons or other organizations who believe that the administrative acts of administrative organs infringe their legitimate rights and interests have the right to bring a lawsuit in accordance with the law; direct litigation should generally be initiated within six months from the date when the party knows or should have known of the administrative act. The value of lawyers is reflected in four aspects: first, clarifying the litigable administrative acts and the qualified defendants; second, restoring the facts of expropriation or law enforcement through applying for information disclosure; third, grasping statutory deadlines such as 60 days for reconsideration and six months for litigation; fourth, organizing evidence and giving opinions on the legality and rationality. It should be noted that in administrative litigation, the defendant bears the burden of proof for the legality of the administrative act, but the plaintiff still needs to provide necessary evidence for his own claims and choose the right type of litigation. Professional judgment directly affects the outcome.

I. Problem background and typical scenarios

It's not uncommon for citizens to sue government officials in practice, but many litigants often don't know where to start. Typical situations include: receiving a decision on demolition within a specified timeframe or a compensation decision and not knowing whether they can sue; having their request for disclosure of government information rejected and not knowing they can appeal or sue; wanting to protect their rights after their house is forcibly demolished but not knowing who to sue; and being at a loss about the government's inaction, such as long-term failure to implement compensation or lack of response to investigations into illegal activities. There are various types of administrative litigation cases in Beijing, and the courts are more rigorous in reviewing the conditions for filing a lawsuit, the suitability of the defendant, and the scope of jurisdiction. When litigants sue on their own, their lawsuits are often dismissed due to improperly stated claims, misidentification of the defendant, or exceeding the statute of limitations. This is precisely where lawyers can play a role.

II. Key points of contention

First, whether the disputed administrative act falls within the scope of the case. Second, how to determine the appropriate defendant, whether it is an administrative organ or its internal institution. Third, how to calculate the litigation time limit, and whether there is a dispute over the starting point. Fourth, how to choose the type of litigation, whether it is a suit for revocation, a suit for performance, or a suit for confirmation of illegality. Fifth, how to allocate the burden of proof, and what the plaintiff needs to prove. Sixth, whether administrative litigation can include a request for compensation. These issues determine whether the case can be successfully registered and whether the plaintiff will win the case.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers summarize the work of administrative litigation as the "Three-Step Positioning Method". The first step is to position the act. An administrative act may be a decision, notice, response, or omission. Only acts that are actionable can enter the litigation process. For example, the government's response to a request for information disclosure constitutes an administrative act. If the government refuses to disclose the information, a party can initiate a reconsideration or litigation. If an administrative organ fails to perform its statutory duties for a long time, it constitutes a failure to perform statutory duties, and a party can initiate a lawsuit for performance. The second step is to position the defendant. The responsibilities of administrative organs, organizations authorized by laws and regulations, and entrusted organs are different. Identifying the wrong defendant can lead to procedural repetition or even a ruling of dismissal. The third step is to position the request. Requests such as revocation, confirmation of illegality, order for performance, and compensation cannot be arbitrarily mixed. They need to be designed based on facts and evidence. In a case handled by Henglue Lawyers, the village where the client lived was subject to expropriation for a railway project. The client did not sign a compensation and resettlement agreement. After the local town government issued a compensation and resettlement decision and sent a compulsory execution notice, the government organized personnel to forcibly demolish the client's house. The attorney obtained the expropriation documents through an application for information disclosure, accurately identified the defendant, and argued that the demolition process violated the legal requirements for land management. The court ultimately ruled that the forced demolition was illegal. This case shows that the key to administrative litigation lies in fact reconstruction and procedural argumentation. The professional intervention of lawyers can significantly improve the efficiency of protecting rights.

IV. Practical suggestions and legal basis

Action suggestions: First, keep all kinds of administrative documents and delivery certificates received; Second, apply for information disclosure in time to grasp the basic facts; Third, pay attention to the time limits for reconsideration and litigation, and start the procedures as soon as possible; Fourth, determine the litigation requests and defendants together with lawyers to avoid being rejected due to technical problems. For related services, please refer to the following link:Land expropriation and demolition, and administrative litigationAndSpecial servicesColumn. Legal basis: The provisions of the "Administrative Litigation Law of the People's Republic of China" (amended in 2017 and implemented on July 1, 2017) regarding the scope of acceptance of cases, determination of defendants, burden of proof, and time limits for filing lawsuits; the provisions of the "Administrative Review Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024) regarding the scope of review and application deadlines. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, administrative litigation is not about "complaining", but a rigorous legal process, and the choice of path is crucial. Secondly, the defendant bears the burden of proof for the legality of the administrative act, but the plaintiff still needs to choose the right request and submit the necessary evidence. Thirdly, the time limit is strict, and it is not advisable to delay due to negotiation or petitioning. Fourthly, litigation and negotiation can proceed in parallel, and the goal is always to strive for reasonable rights and interests. If you need to learn about the handling of administrative litigation, you can contactLand expropriation and demolition, and administrative litigationAndSpecial servicesFor column consultation, please contact us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Is the success rate of citizens suing the government low?

It cannot be generalized. Whether the litigation can succeed depends on the legality of the administrative act, the evidence, and the choice of litigation path. The administrative organ bears the burden of proof for the legality of the administrative act. If the evidence is insufficient or the procedure is illegal, the court may support the plaintiff's request. The role of professional lawyers is to identify the disputed points and choose the correct procedure, rather than guaranteeing the outcome.

Q2: Do I need to apply for a review first before reporting to the government?

It's generally not necessary. Most administrative acts can either be subject to an application for reconsideration or directly sued, and the parties can choose one first. If the party is not satisfied with the reconsideration decision, he/she may sue within the statutory time limit. Except for those laws stipulating the pre-reconsideration requirement, the choice of which path to take needs to be determined based on the efficiency of the case, the scope of review, and the availability of evidence.

Q3: What can administrative litigation lawyers do?

A lawyer can assist in identifying actionable behaviors and eligible defendants, drafting review applications and lawsuits, conducting investigations and evidence collection, and representing clients in court hearings; providing opinions on the legality and rationality of administrative actions; ensuring compliance with review and litigation deadlines; and assisting in pursuing compensation and enforcement after winning the case. In cases with complex facts or involving expropriation, the value of legal intervention is particularly evident.

Q4: How much does it cost to hire a lawyer?

Generally, fees are charged per case or in stages. Administrative review, first-instance trial, second-instance trial, and enforcement may be charged separately. Third-party costs such as appraisal and identification are calculated separately. Administrative litigation is generally not within the scope of risk-based representation. It is recommended to specify the service stages, content, and fee structure in the contract to avoid disputes arising during the process.

Q5: How long does an administrative lawsuit typically last?

The first-instance court usually renders a judgment within six months from the date of accepting the case, and the time limit may be extended under special circumstances; the second-instance court generally renders a judgment within three months. If administrative reconsideration, information disclosure, and other procedures are superimposed, the overall timeframe may be even longer. It is recommended to make a good time plan when initiating the process and pay attention to the arrangements for claiming rights when the time limit expires.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Legal services for land expropriation and demolition·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.