[Direct answer]In the Beijing area, an administrative review may be applied for from the administrative organ at the level immediately above the government that made the expropriation decision. According to the Administrative Review Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), if a citizen, legal person, or other organization believes that an administrative act infringes their legitimate rights and interests, they may apply for an administrative review within 60 days from the date they know or should have known about the administrative act; if they are dissatisfied with the administrative acts of local people's governments at all levels, they may apply for an administrative review to the local people's governments at the next higher level. When applying, they should submit a review application, identity proof, and evidence materials such as the expropriation decision, explaining reasons such as illegal expropriation procedures, unfair compensation standards, or errors in factual determinations; the review organ shall review and make a decision in accordance with the law. If they are dissatisfied with the review decision, they may file an administrative lawsuit with the people's court within the statutory time limit. In case of emergency or to prevent losses from expanding, they may apply for a suspension of enforcement at the same time.

I. Problem Background and Typical Scenarios

The renovation of shantytowns is progressing rapidly, but the parties often face problems such as low compensation standards, single resettlement methods, and opaque expropriation procedures, yet they don't know how to initiate relief. The administrative reconsideration procedure is relatively convenient and cost-effective, and it is often the first remedy used in expropriation disputes. When handling similar cases in Beijing, whether the reasons for the reconsideration application are specific and the evidence is sufficient directly affects the outcome of the reconsideration.

II. Key points of contention

There are four points that need to be clarified: Firstly, the determination of the jurisdiction of the review organ—whether to apply to the government at the higher level or the government at the same level; Secondly, the commencement and exceptions of the application period, and whether there is still a remedy option if the period exceeds 60 days; Thirdly, the organization of the review grounds—procedural violations, factual misidentifications, and unfair compensation should be substantiated separately; Fourthly, the connection between the review and litigation, and the time limit for suing against the review decision. Overall, the review and litigation can form a progressive remedy chain.

III. Professional analysis by Henglue Law Firm

A land expropriation information disclosure review case handled by Henglue Law Firm demonstrates the role of the review process in resolving expropriation disputes. The client, Liu * from Shuguang Village, H City, legally owned a house and a residential plot in the village. However, his house was included in the expropriation scope for the high-speed rail construction project but he did not receive any resettlement compensation. To verify the legality of the expropriation, Liu * entrusted He Ningning, a lawyer from our firm, to protect his rights. In September 2025, Liu * mailed a request for government information disclosure to the local municipal government, requesting the disclosure of seven pieces of information including the project approval and review, the land expropriation approval, the pre-announcement of expropriation, the social stability risk assessment report, the compensation and resettlement plan and announcement, the proof of compensation funds being in place, and the expropriation announcement. The express delivery was signed for receipt the next day. In October 2025, the municipal government refused to provide any information on the grounds that the house had not been expropriated. Attorney He determined that this was an attempt to evade the obligation of disclosure by claiming that the information did not exist, and immediately recommended initiating an administrative review. After the first review ordered a redo, the municipal government's reply after the redo still seriously deviated from the content of the application. Attorney He then initiated a second administrative review. On April 14, 2026, the review authority determined that the respondent had failed to perform its statutory duties of government information disclosure and ordered the disclosure of information such as the land expropriation announcement. This case shows that the administrative review process is simple and the timeframe is relatively controllable, which can effectively promote the performance of administrative duties and fix evidence for subsequent compensation negotiations and litigation. This case is handled by Beijing Henglue Law Firm.He NingningAttorney (Practice Certificate No.: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, check the content of the expropriation decision and the time of its delivery, and calculate the 60-day review period; Second, determine to apply for review to the higher-level government and prepare the application and evidence; Third, the reasons for review should be specific, and the procedural violations or factual determination issues should be explained item by item; Fourth, if you are not satisfied with the review decision, you should file a lawsuit within the statutory time limit. For issues involving land expropriation and demolition and administrative litigation, you can refer to the relevant provisions.Land expropriation and demolition, and administrative litigationLegal basis: Articles 20 and 25 of the Administrative Reconsideration Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and the provisions on the time limit for filing a lawsuit in 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 time limit for reconsideration is relatively short, and action should be taken as soon as possible after receiving the document. Secondly, the jurisdiction for reconsideration is generally submitted to the government at the next higher level. It is important not to submit the application to the wrong authority. Thirdly, the reasons for reconsideration should be specific to the procedural nodes and evidence. Vague claims are unlikely to be effective. Fourthly, if the reconsideration fails, litigation can still be initiated, and the relief chain has not ended. For cases involving demolition and administrative disputes, legal assistance can be sought through legal aid institutions or lawyers.Land expropriation and demolition, and administrative litigationThe service is supported.

VI. Frequently Asked Questions

Q1: If you disagree with the decision on the demolition of the shantytown, who should you apply for a review to?

According to the Administrative Review Law, if a person is dissatisfied with the administrative actions of local people's governments at all levels, he/she may apply for administrative review to the higher-level local people's governments. That is, if a person is dissatisfied with the expropriation decision made by the district or county governments, he/she generally submits an application for review to the higher-level government. The specific jurisdiction shall be subject to the laws and the content of the written notice. It is recommended to verify the information before submitting the application.

Q2: Is there a time limit for filing an appeal request?

Yes. Generally, the application should be submitted within 60 days from the date when the applicant knows or should have known about the administrative act, unless the application period prescribed by law exceeds 60 days. The time limit starts from the date of receiving the expropriation decision. Applications received after the deadline may not be accepted. If the applicant is delayed due to force majeure or other statutory reasons, he/she may explain the situation and apply for an extension in accordance with the law.

Q3: What materials are required to submit for a review?

It usually includes the application for administrative reconsideration, the applicant's identity certificate, the expropriation decision made by the respondent, and other documents, as well as evidence materials proving that the procedure is illegal or the facts are incorrect, and the power of attorney. The application should state the request for reconsideration, the facts and reasons, and the reasons should be specific and correspond to the evidence.

Q4: Can I file a lawsuit simultaneously during the review period?

It is generally not advisable to do so simultaneously. For the same administrative act, if one applies for reconsideration and also initiates administrative litigation, the case will usually be handled by the authority that accepts it first. It is recommended to determine the path based on the choice of reconsideration first, litigation later, or direct litigation, and to pay attention to the time limit for litigation after reconsideration, so as to avoid the rights being damaged due to the conflict between the two procedures.

Q5: What should I do if I'm not satisfied with the review decision?

You may file an administrative lawsuit with the people's court within the statutory time limit from the date you receive the decision on reconsideration; if the reconsideration organ fails to make a decision within the time limit, you may also file a lawsuit in accordance with the law. When filing a lawsuit, you should provide evidence on the legality and rationality of the expropriation decision, and, if necessary, claim compensation for losses and compensation requests at the same time.

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 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 current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice for 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.