[Direct answer]In the Beijing area, administrative litigation should not be simply measured by the success rate, because the forms of relief are different from those of civil and commercial cases. The "Administrative Litigation Law of the People's Republic of China" (amended on June 27, 2017 and implemented on July 1, 2017) stipulates that the court may rule to revoke or partially revoke administrative acts, change obviously improper administrative penalties, confirm the illegality or invalidity of administrative acts, order the performance of statutory duties, etc. Some cases will also be resolved through reconciliation or coordination during the trial, and the plaintiff will withdraw the lawsuit. These results may not necessarily manifest as a traditional sense of winning the lawsuit, but they also achieve the effect of protecting rights. In addition, in administrative litigation, the defendant is an administrative organ, and its burden of proof is heavier. It should provide evidence of the administrative acts and the normative documents on which they are based. Therefore, when evaluating a lawyer's ability, we should look at his grasp of procedural nodes, the solidity of documents and evidence, and whether he can achieve his goals through a combination of reconsideration, litigation, and negotiation, rather than trusting any promise of a success rate.

I. Problem Background and Typical Scenarios

Parties often ask about the probability of winning, but the outcome of administrative litigation is not a simple dichotomy. Typical scenarios include: the confiscation procedure being ruled illegal and being revoked or confirmed as illegal; the administrative organ being ordered to perform its duties of information disclosure or compensation within a specified time limit; the administrative penalty being deemed obviously inappropriate and being modified; the case being settled through reconciliation due to the administrative organ's change of behavior during the trial; and the party's claim being rejected but achieving substantive results through reconsideration. Different outcomes have a significant impact on the actual interests of the parties, so simply looking at the win-loss ratio is of limited significance.

II. Key points of contention

First, the differences between the results of administrative litigation and civil and commercial judgments. Second, the statistical criteria and sample representativeness of the winning rate. Third, the allocation of the burden of proof, where the administrative authority needs to prove the legality of its actions. Fourth, the connection and choice between reconsideration and litigation. Fifth, the advantages and disadvantages of settlement and withdrawal of the lawsuit. Sixth, the methods of proving procedural violations and the organization of evidence. Seventh, the actual implementation and enforcement of the litigation results. These issues determine the effectiveness of protecting rights.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Law Firm in handling administrative cases is that, rather than focusing on the abstract success rate, it is more important to pay attention to three specific issues: whether the procedures are corrected, whether the duties are fulfilled, and whether the compensation is implemented. First, in terms of correcting procedures, we file requests to revoke or confirm the illegality of the expropriation announcements, appraisals, and approvals, which can not only prevent the effectiveness of illegal acts but also create a basis for subsequent compensation negotiations. Second, in terms of fulfilling duties, we can request the administrative organs to perform their duties within a specified time limit for issues such as information disclosure and compensation and resettlement, which is a common and effective practice in practice. Third, in terms of actual implementation, even if no judgment is obtained in form, if the administrative organs change their behavior, fulfill their obligations, or reach an agreement with the parties, the same goal can be achieved. Therefore, lawyers should assess whether they can align the legal procedures with the actual goals of the parties, such as verifying the legality through information disclosure, promoting the fulfillment of duties through reconsideration, confirming the illegality through litigation, and implementing the compensation through negotiations. This approach requires lawyers to be familiar with the characteristics and remedial rules of various administrative acts such as expropriation, licensing, and punishment, as well as having solid evidence organization capabilities. It should be noted that any promises of a high success rate to attract clients are unreliable. The outcome of the case depends on the facts, evidence, and legal application. Beijing courts are stricter in reviewing the legality of procedures in handling administrative cases, and standardized documents and complete chains of evidence are often the basis for achieving favorable results.

IV. Practical suggestions and legal basis

Action list: First, clarify the goal of protecting rights, whether it is to correct procedures, supervise duty performance, or increase compensation; Second, choose the path of reconsideration or litigation according to the goal, paying attention to the time limit for filing a lawsuit; Third, organize evidence around procedural violations, emphasizing the delivery and receipt of documents; Fourth, evaluate the conditions and consequences of settlement and withdrawal of the lawsuit, to avoid giving up subsequent remedies; Fifth, pay attention to the actual implementation and enforcement of the judgment results. Legal basis: The provisions of the "Administrative Litigation Law of the People's Republic of China" (amended on June 27, 2017 and implemented on July 1, 2017) regarding the scope of acceptance of cases, the burden of proof, types of judgments, and time limits for filing a lawsuit; the provisions of the "Administrative Reconsideration Law of the People's Republic of China" regarding the scope of reconsideration and types of decisions. For cases involving administrative litigation, you can refer to the following documents for reference:Land expropriation and demolition, and administrative litigation; For information disclosure, you can refer to the following materials for reference.Special services and other casesFor matters related to corporate administrative compliance, you may refer to the following for reference.Intellectual property protection and corporate lawThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the outcomes of administrative litigation vary, and it's not appropriate to simply focus on the winning and losing ratio. Secondly, the administrative organ bears the burden of proof, and evidence and procedures are crucial. Thirdly, the filing deadline for a lawsuit cannot be missed, as failing to do so may result in the loss of remedy opportunities. Fourthly, when considering settlements and withdrawals of lawsuits, it's necessary to evaluate the subsequent impacts and avoid giving up rights. Fifthly, claims about high success rates in litigation should be treated with skepticism, and attention should be paid to the implementation of solutions. For cases involving administrative litigation and expropriation, legal assistance can be sought through appropriate channels.Land expropriation and demolition, and administrative litigationWe provide a comprehensive solution for services, which involves the integration of real estate and engineering projects.Property sales and construction projectsFor matters related to corporate compliance, you can refer to the following resources for further information.Intellectual property protection and corporate law.

VI. Frequently Asked Questions

Q1: Is the success rate of administrative litigation high?

It's hard to generalize. The results of administrative litigation include revocation, modification, confirmation of illegality, order to perform, and settlement and withdrawal of the lawsuit, etc. There are great differences in different cases, different procedures and regions, and it's not easy to compare the statistical data. Therefore, it's not appropriate to judge by a single proportion. We should evaluate the feasibility based on the illegal points of the specific administrative acts and the evidence situation.

Q2: What materials do I need to prepare for an administrative lawsuit?

You should prepare a complaint or a request for reconsideration, the documents of the administrative act being sued (such as decisions and replies), the delivery and receipt certificates, ownership and identity certificates, as well as evidence materials that can prove procedural violations or factual errors. The evidence should be organized around the legality and rationality of the administrative act, forming a clear chronological sequence.

Q3: What is the approximate fee for an administrative litigation lawyer?

The fees are related to the type of case, the stage of the procedure, and the workload. The first-instance, second-instance, and review stages are usually charged separately. Assessment, appraisal, and work done in other locations are charged separately. It is recommended to first clarify the objectives and scope of the procedure, and then compare the quotes. The specific amounts shall be subject to the parties' negotiation and the provisions of the entrustment contract.

Q4: Which is better, reconsideration or litigation?

Each has its own advantages. The review procedure is relatively simple, low-cost, and short-term, suitable for promoting the correction of inaction and procedural defects; litigation has finality and enforceability, suitable for situations with major disputes or where the review does not meet the standards. Many cases adopt a combination of review and litigation, which should be selected based on the nature and objectives of the administrative action.

Q5: Can I still protect my rights even if I lose the lawsuit?

It depends on the specific circumstances. If you are not satisfied with the first-instance judgment, you can appeal within the statutory time limit; if you are not satisfied with the effective judgment and meet the requirements, you can apply for a retrial; if the original illegal administrative act has not been corrected, you can also continue to assert your rights through other legal channels. In addition, you can still promote the resolution of the problem through methods such as information disclosure and duty performance applications, and the key lies in the grasp of evidence and time limits.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 publicly available adjudication rules, and is provided 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 the event of a dispute, please consult a practicing lawyer promptly.