[Direct answer]In the Beijing area, if the government fails to disclose information in accordance with the law or does not respond to requests for information disclosure, it can be sued. According to Article 33 of the Regulations of the People's Republic of China on the Disclosure of Government Information (amended in 2019), after receiving a request for the disclosure of government information, the administrative organ shall respond within 20 working days from the date of receipt of the request; if an extension is necessary, the extension period shall not exceed 20 working days. If the applicant believes that the administrative organ fails to perform its duties of disclosing government information in accordance with the law, he/she may apply for administrative reconsideration or initiate administrative litigation in accordance with the law. According to Article 46 of the Administrative Litigation Law of the People's Republic of China (amended in 2017), the general time limit for direct litigation is six months from the date of knowing the administrative act. For cases involving requests to perform statutory duties, the time limit for litigation is generally not subject to this restriction, but is subject to the provisions of judicial interpretations on the time limit for failing to perform duties.Land expropriation and demolition, and administrative litigationIn class services, the core of such cases lies in fixing the complete process of application and response.

I. Problem background and typical scenarios

In practice, the most common situation is not outright refusal, but rather evading the main issue and focusing on minor points: for example, when applying for seven pieces of information, only one piece is provided, or the reply states that the information does not exist; when applying for a compensation plan, the reply states that it does not belong to government information; when applying for a notice of expropriation, the reply states that the house has not been expropriated. Another type of situation is when the authorities claim to have applied for a search but fail to provide any records. At this point, the parties often do not know how to seek remedies, which easily leads to delays.Special services and other casesIn this column, how to standardize the application and response process is the core issue of the consultation.

II. Key points of contention

First, whether the application content belongs to government information. Second, whether the administrative organ is a qualified respondent. Third, whether the response addresses each item of the application content. Fourth, whether the response deadline has been exceeded. Fifth, whether it belongs to the applicant's performance of statutory duties or a denial of the request for information disclosure. Sixth, whether the administrative organ has searched for the information according to the law and provided a justification. Seventh, whether the statute of limitations for filing a lawsuit has expired.

III. Professional analysis by Henglue Lawyers

The standard practice of Henglue Law Firm in handling such cases is to formalize all three stages of application, service, and response in writing. Firstly, the application should clearly state the name, carrier, and purpose of the required information to avoid vague statements that may allow the responding authority to handle the matter ambiguously. Secondly, retain mailing receipts, sign-in records, and reminder records to fix time nodes. Thirdly, compare the content of the response with the application item by item and list the matters that have not been addressed. Taking the protection of information related to public expropriation as an example, such cases often involve multiple items such as the project approval and approval for expropriation, land expropriation approval, pre-announcement of expropriation, social stability risk assessment reports, compensation and resettlement plans and announcements, proof of compensation funds being in place, and expropriation announcements. If the administrative authority refuses the application as a whole on the grounds that one of these items does not exist, or the response after re-issuance still does not cover all the content of the application, it constitutes a failure to perform the statutory duties of government information disclosure according to law. According to the response requirements of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (amended in 2019), the administrative authority shall state the reasons for not disclosing or providing the information, and cannot substitute vague statements for it.Special services and other casesThe column provides more detailed instructions on how to apply for information disclosure. For the parties involved in the expropriation and demolition, the materials obtained at this stage often serve as the factual basis for subsequent appeals and litigation.

IV. Practical suggestions and legal basis

Action suggestions: 1. When submitting the application, clearly list the name of the information, its carrier, and its purpose for each item, and keep a copy of the application and the mailing receipt. 2. Pay attention to the signing and receipt records, so as to claim for a response beyond the deadline in the future. 3. After receiving the response, compare each item and list the unanswered matters. 4. If you believe the response evades the key issues, first request a re-response. 5. Apply for administrative review or initiate administrative litigation to request confirmation of the government's failure to perform its information disclosure duties in accordance with the law. 6. Prepare other procedures related to your claims simultaneously. 7. Pay attention to time limit management to avoid disconnects between the application and litigation stages. Legal basis: Articles 20, 33, and 35 of the *Regulations on Government Information Disclosure of the People's Republic of China* (amended in 2019); Article 46 and Article 69 of the *Administrative Review Law of the People's Republic of China* (amended in 2023 and implemented on January 1, 2024); Articles 46 and 69 of the *Administrative Litigation Law of the People's Republic of China* (amended in 2017). For details on the content of the information disclosure response, please refer to the following link: [Link to detailed information on the content of the information disclosure response]Special services and other casesFor details on the subsequent progress of the procedure, please refer to the following document.Business and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the application must be in writing and list all items in detail, which is the foundation of all subsequent work. Secondly, the response period is 20 working days. Failure to respond within the time limit constitutes a failure to perform duties. Thirdly, the response must provide reasons. A response that only states the conclusion may be deemed as a failure to perform duties. Fourthly, the connection between applying for government information disclosure and initiating administrative litigation should be well designed. Fifthly, when suing, the claim should clearly aim to confirm the failure to perform duties as illegal, rather than a general request for disclosure. Sixthly, it is recommended to simultaneously promote three lines of work: information disclosure, administrative reconsideration, and complaint and reporting.

VI. Frequently Asked Questions

Q1: If the application for government information disclosure is rejected, can I sue them?

Yes. According to Article 33 of the Regulations on the Disclosure of Government Information of the People's Republic of China (amended in 2019), if an applicant believes that an administrative organ fails to perform its duties of disclosing government information in accordance with the law, he/she may apply for administrative reconsideration or initiate administrative litigation in accordance with the law. When suing, the plaintiff shall specify the defendant, the claims and the factual grounds, and submit the application certificate, the receipt record and the reply document. In the case of applying for the performance of statutory duties, the time limit for suing is generally not subject to the six-month restriction, but the plaintiff still needs to assert his/her rights as soon as possible.

Q2: How long will it take to receive a response after applying for information disclosure?

According to Article 33 of the Regulations on the Disclosure of Government Information of the People's Republic of China (amended in 2019), administrative authorities shall respond to applications within 20 working days from the date of receipt of the application. Where the circumstances are complex, with the approval of the head of the administrative authority, the response period may be appropriately extended, but the extension period shall not exceed 20 working days. The time required to solicit the opinions of third parties shall not be included in the calculation. If no response is given within the time limit, the applicant may apply for a review or initiate administrative litigation in accordance with the law to assert that the administrative authority has failed to perform its duties.

Q3: The government says the information doesn't exist. Can I ask it to provide proof?

The administrative organ shall respond and explain the reasons after the search. If the information is not provided on the grounds that it does not exist, in practice, the respondent can request the administrative organ to explain the scope and basis of the search through reconsideration or litigation, and, if necessary, apply to the court to review whether the administrative organ has fulfilled its obligation to search for the information. If the respondent evades the main issues or refuses to provide the information on the grounds that it is not the producer of the information, it is likely to be deemed as failing to perform the statutory duty of disclosing government information in accordance with the law.

Q4: Can information disclosure and administrative review be carried out simultaneously?

The two have different applicable objects. Applying for information disclosure is a means of obtaining materials, while administrative reconsideration and administrative litigation are remedial measures against administrative acts. For the same matter, one can first apply for information disclosure, and then decide whether to initiate administrative reconsideration after receiving the reply; if the application for information disclosure is rejected or there is no reply within the time limit, one can also directly apply for reconsideration or initiate litigation against the act of information disclosure. It is recommended that lawyers design the procedural path uniformly to avoid conflicts or duplication.

Q5: How much does it cost to hire a lawyer to file a lawsuit for government information disclosure?

The fees are determined through consultation between the law firm and the client, and depend on the number of applications, whether multiple applications and reminders are needed, whether the case enters the review and litigation process, and whether cross-regional communication is involved. The cost of initiating a lawsuit to confirm non-performance of duties is relatively manageable; however, if multiple procedures such as information disclosure, administrative review, and subsequent rights protection are required, the investment will obviously increase. It is recommended to first conduct a procedural assessment, then determine the service phase and scope, and sign a written contract of entrustment.

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·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 you encounter disputes, please consult a practicing lawyer in time.