[Direct answer]In the Beijing area, in principle, the execution of administrative acts will not be suspended, but in certain circumstances, an application for suspension may be made. The "Administrative Reconsideration Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024) stipulates that during the administrative reconsideration period, the execution of administrative acts will not be suspended. However, if the respondent believes it is necessary to suspend the execution, or if the administrative reconsideration organ deems it necessary to suspend the execution, or if the applicant requests to suspend the execution and the administrative reconsideration organ considers the request reasonable and that failure to suspend the execution will cause irreparable losses, the execution may be suspended. Article 56 of the "Administrative Litigation Law of the People's Republic of China" (amended in 2017) also makes similar provisions regarding the non-suspension of execution during litigation and exceptional circumstances.

1. Problem background and typical scenarios

After receiving the decision ordering them to demolish or surrender the land within a specified time limit, the most common response from the parties involved is to immediately apply for a reconsideration to prevent the demolition from proceeding. In practice, if they only submit a reconsideration application without filing an application for suspension of enforcement, the demolition may still proceed as scheduled. Common scenarios include: a demolition decision being made on the grounds of illegal construction; requiring the surrender of land before compensation has been implemented; and the reconsideration authority failing to make a decision on time. In expropriation cases in Beijing, the connection between reconsideration and litigation is of practical significance for protecting housing. Moreover, such issues often involve multiple parties and legal relationships. Clarifying the parties' positions, responsibilities, and applicable rules is a prerequisite for resolving them. The more complete the materials and the clearer the timeline, the greater the initiative they can grasp in subsequent negotiations and litigation. When conducting a detailed analysis, it is recommended to take the timeline as the main line, and match contracts, certificates, communication records, and relevant legal basis one by one, forming a clear processing framework to facilitate the determination of the priority and feasibility of various claims.

II. Key points of contention

First, what circumstances constitute the statutory conditions for suspending enforcement. Second, what materials and reasons are required to apply for suspending enforcement. Third, the statutory time limits and acceptance conditions for review applications. Fourth, whether review and litigation can proceed concurrently or be chosen in advance. Fifth, how to further assert rights after the review decision is made. Sixth, whether the order of rights assertion and preliminary procedures have been satisfied. Seventh, whether the authenticity, legality, and relevance of evidence can withstand scrutiny. Eighth, how to balance the interests of third parties and the public interest. Ninth, how to trade off the pros and cons of efficiency and outcomes between settlement, mediation, and adjudication. In addition, attention should also be paid to whether the form of evidence is legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different processing options. On this basis, a priority path for advancement can be determined.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers is that the key to obtaining a stay of execution is to demonstrate "irreparable losses". Once a house is demolished, even if it is later confirmed to be illegal, it is extremely difficult to restore it to its original state. Therefore, a written application can be submitted from this perspective, accompanied by materials such as the ownership of the house, living conditions, and the living situation of the elderly and children, to enhance the persuasiveness. At the same time, the administrative acts of the respondent should be reviewed item by item, pointing out the illegal points in the subject, procedure, and fact determination, and increasing the possibility of obtaining a stay of execution. It should be noted that the appeal application generally should be submitted within 60 days from the date of knowing the administrative act, and the opportunity for relief will be lost if it is overdue; if you are not satisfied with the appeal decision, you can sue the court within the statutory time limit. While the process is advancing, it is also necessary to preserve on-site evidence to prepare for possible claims for compensation.
This case is handled by Beijing Henglu Law Firm.He NingningAttorney (Practice Certificate No.: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action list: First, check the time of issuance and delivery of the administrative act to ensure that the application for reconsideration is submitted within the statutory time limit; Second, submit the application for suspension of execution simultaneously and explain the irreparable losses; Third, organize the ownership and residence materials to prove the current state of the house; Fourth, sort out the procedural and factual illegal points of the administrative act item by item; Fifth, preserve the on-site evidence to prepare for subsequent claims for compensation. For those involving expropriation reconsideration and administrative disputes, you can refer to the relevant provisions.Land expropriation and demolition, and administrative litigation; For issues related to housing ownership and appraisal, you can refer to the following materials for reference.Property sales and construction projectsLegal basis: The provisions on the application period and suspension of enforcement in the "Administrative Reconsideration Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024), and Article 56 of the "Administrative Litigation Law of the People's Republic of China" (amended in 2017). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the reconsideration does not automatically suspend the execution, and a separate application for suspension of execution is required. Secondly, the application reasons should highlight the irreparable losses, such as homelessness and business interruption. Thirdly, attention should be paid to the 60-day application period, as it will be difficult to seek remedies after the deadline. Fourthly, the reconsideration and litigation can be used in conjunction with each other, but it is not advisable to repeatedly delay them. For applications involving reconsideration, suspension of execution, and litigation, you can proceed through the following channels:Land expropriation and demolition, and administrative litigationThe service is supported, and it involves the integration of house evaluation and ownership.Real estate transactions and construction projectsFor reference, you can check the section related to the enforcement of compensation for forced demolitionCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Can applying for an administrative review stop forced demolitions?

Not necessarily. During the review period, the execution of the decision is not generally suspended, but the applicant may simultaneously file an application for suspension of execution, stating that failure to suspend the execution will cause irreparable losses. The review authority will decide whether to suspend the execution. Once the house is demolished, it is difficult to restore it, which is often cited as a core reason. Such issues also need to be judged based on complete materials and statutory time periods. The parties should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose a suitable path with the assistance of professional lawyers and assert their rights in a timely manner to reduce the adverse effects of insufficient evidence or the expiration of deadlines.

Q2: What materials are required to apply for a review?

You need to prepare the appeal application, identity and ownership certificates, the administrative decision letter being appealed and its delivery certificate, materials proving that the administrative act is illegal, and the reasons and evidence for stopping its execution, such as living conditions, operating losses, etc. Such issues must also be judged based on complete materials and statutory periods. The parties concerned should fix the evidence in time, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose a suitable path and claim rights in time with the assistance of professional lawyers to reduce the adverse effects of insufficient evidence or the expiration of deadlines.

Q3: Does it cost money to apply for a review?

Administrative reconsideration does not charge fees according to law, but when entrusting a lawyer to prepare materials, attend court hearings, and communicate with the authorities, the lawyer's fees must be paid according to the entrustment contract. If an administrative lawsuit is subsequently filed, the litigation fees must also be paid according to the regulations. Such issues must also be judged based on complete materials and statutory timeframes. The parties concerned should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths with the assistance of professional lawyers and assert their rights in a timely manner to reduce the adverse effects of insufficient evidence or expired time limits.

Q4: How long does it take to get the result of the reconsideration?

Administrative reconsideration decisions are generally made within 60 days after acceptance, and the time limit may be extended according to law if the case is complex. If the party is dissatisfied with the reconsideration decision, he/she may file a lawsuit with the people's court within 15 days from the date of receipt of the decision. The specific time limit shall be subject to the provisions of law. Such issues also need to be judged based on the complete materials and statutory time limits. The parties should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm the key matters in writing, and, if necessary, choose a suitable path with the assistance of professional lawyers and assert their rights in a timely manner to reduce the adverse effects caused by insufficient evidence or the expiration of the time limit.

Q5: What should I do if my house is demolished during the review period?

The following translation is provided for your reference: You should immediately call the police and preserve the scene evidence, documenting the demolition subject and process. If the forced demolition is illegal, you can claim that it is illegal and request administrative compensation, including losses such as the value of the house, the items inside the house, and the resettlement costs, in the review or litigation process. Such issues must also be judged based on complete materials and statutory time periods. The parties concerned should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths with the assistance of professional lawyers and assert claims in a timely manner to reduce the adverse effects of insufficient evidence or the expiration of time limits.

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 evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney He Ningning·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. In case of disputes, please consult a practicing lawyer in time.