[Direct answer]In the Beijing area, the decision on compensation for expropriation is an actionable administrative act. If the party concerned disagrees with it, there are two remedial paths corresponding to different time requirements: if the party directly files an administrative lawsuit with the people's court, it shall generally be filed within six months from the date on which it knows of the administrative act; if the party first applies for administrative reconsideration and then sues against the reconsideration decision, the administrative reconsideration shall generally be filed within 60 days from the date on which it knows of the administrative act. If the reconsideration organ fails to make a decision within the time limit or makes a decision to maintain the original administrative act, the time limit for suing shall generally be calculated according to the statutory time limit before the application for reconsideration, that is, within six months from the date on which it knows of the original administrative act. The calculation is based on Articles 46 and 48 of the Administrative Litigation Law of the People's Republic of China (amended in 2014 and implemented on May 1, 2015) and the relevant provisions of the Administrative Reconsideration Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024). Time management is the most easily overlooked aspect in protecting rights. The cost of missing the deadline is often the complete loss of remedial opportunities. For reference, please refer to the above content.Land expropriation and demolition, and administrative litigationThe service description in the column.

1. Problem background and typical scenarios

Most of those who consult this issue are the expropriated individuals who have received the expropriation compensation decision or the compensation and resettlement plan. There are three common situations: First, they have just received the decision letter and don't know how much time they have left to sue; Second, they have received a notice of a time limit for demolition or an order to surrender the land, and need to confirm the relief period; Third, they have applied for reconsideration in the past and are confused about how to calculate the subsequent litigation period. In practice, the most common problem is that the parties fail to record the date of service after receiving the documents, and only calculate the time limit when they are ready to sue, resulting in exceeding the statutory period. Another common situation is that they choose to apply for reconsideration before suing, but miss the opportunity because they don't understand the relationship between the reconsideration period and the subsequent litigation period.

II. Key points of contention

Focus One: Is the starting point of the statute of limitations for filing a lawsuit the date of making the decision or the date of delivery? Focus Two: How to determine the date of knowledge when using public notice service or leaving a notice with the defendant? Focus Three: The connection between the time limit for applying for reconsideration and the statute of limitations after reconsideration. Focus Four: How to calculate the statute of limitations when the reconsideration authority fails to make a decision within the time limit? Focus Five: The applicable conditions for deducting and extending the time limit. Focus Six: The circumstances of the interruption of the statute of limitations. Focus Seven: The feasibility of asserting rights through other means after the statute of limitations expires. Focus Eight: How should the request and the defendant be listed in the complaint? For specific practices of time limit management, please refer to the relevant provisions.Special services and other casesThe description of the column.

III. Professional analysis by Henglue Law Firm

Take a case handled by attorneys Cheng Chunmei and Qiu Juan of our firm as an example: The client's house was included in the expropriation scope in 2018, but no agreement was reached during the contract period, and the expropriation process was stalled for a long time. In June 2025, the client filed an application for performance of duties, and the reconsideration authority ordered the performance of duties in November. In December, the district government made a compensation decision. The client disagreed with the decision and entrusted lawyers to file an administrative lawsuit, requesting its revocation and ordering a new decision. The agency's approach focused on three points: the evaluation price was too low, the property exchange plan was unclear and the relocation housing did not exist, and the decision-making process was illegal. The court revoked the compensation decision in accordance with the Administrative Litigation Law and ordered a new decision within 60 days. This case highlights the importance of deadline management. The client went through a long period from filing an application for performance of duties to finally suing, and every procedural advancement during this period involved deadline issues. In practice, the most reliable approach is to establish a written deadline ledger, register the issuance date and delivery date of each document and the corresponding deadlines one by one, and allow a buffer time for submission before the deadline expires. This case was handled by Beijing Henglu Law Firm.程春梅Attorney (practice certificate number: 11101202511071560, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Record the date of receipt and the date of signature on any administrative document the same day it is received. 2. Create a timeframe schedule, clearly marking the deadline for reconsideration and the deadline for litigation. 3. When submitting materials, retain the receipt of delivery or the mailing receipt to provide evidence of the delivery time. 4. Consider preparing two sets of plans for reconsideration and litigation simultaneously, but note the differences in deadlines. 5. If necessary, apply for an extension of the deadline for submitting materials or request procedural arrangements such as suspension of enforcement. 6. Clearly state in the complaint the request to revoke the contested act and order a new action to avoid unclear claims. 7. Do not easily sign documents waiving rights. Legal basis: - Article 46 of the Administrative Procedure Law of the People's Republic of China (amended in 2014 and implemented on May 1, 2015) regarding the deadline for filing a lawsuit; - Article 48 regarding the connection between reconsideration and litigation; - Article 70 regarding the revocation of judgments; - Article 23 of the Administrative Review Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) regarding the application deadline; - Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, deadlines are of the utmost importance. The first thing to do after receiving the document is to record the date of delivery and calculate the time limit. Secondly, the time limit for filing a lawsuit is different from that for review, and they cannot be used interchangeably. Thirdly, in the case of reviewing first and then filing a lawsuit, the time limit before applying for review is still crucial, and attention to subsequent deadlines should not be relaxed just because a review has been applied for. Fourthly, the time limit can be deducted or extended due to force majeure and other reasons, but evidence must be provided in a timely manner. Fifthly, the time limit for filing a lawsuit has nothing to do with the substantive dispute. Missing the deadline means losing the statutory remedy. Sixthly, for acts related to public interests or the interests of third parties, individual remedies may vary, and it is recommended to evaluate each case individually. Seventhly, when hiring a lawyer, it should be clearly specified who is responsible for managing the time limit to avoid missing information.

VI. Frequently Asked Questions

Q1: What is the time limit for suing against the decision on expropriation compensation?

Generally, it is six months, calculated from the date when the party concerned becomes aware of the administrative act. In practice, the starting point is usually the date when the document is served. If the service is by public announcement, the date specified in the announcement shall prevail. Therefore, after receiving the document, the party concerned should immediately record the date of receipt and use it as the basis for calculating the six-month period. If the lawsuit is filed after the time limit, even if the substantive grounds are sufficient, the court may refuse to accept the case due to the exceeding of the time limit for filing a lawsuit.

Q2: What is the time limit for applying for an administrative review?

Generally, the time limit is 60 days, starting from the date when the party concerned becomes aware of the administrative act. If the party first applies for reconsideration and then sues against the reconsideration decision, the time limit for suing is generally calculated according to the statutory time limit before the application for reconsideration. It is particularly important to note that if the party first applies for reconsideration and then sues, they should not only focus on the reconsideration period, but also ensure that they file the lawsuit within six months from the date when they become aware of the original administrative act, otherwise they may lose the opportunity to sue.

Q3: What should I do if the review authority never responds?

The review organ shall make a decision within the statutory time limit. If no decision is made within the time limit, the party concerned may file a lawsuit with the people's court from the date of the expiration of the time limit, and may also report the matter to the superior organ or the supervision organ. In practice, the date of applying for review and the statutory reply period should be recorded, and the litigation procedure should be initiated in a timely manner after the expiration of the time limit. When suing, the applicant needs to submit the materials of the review application and the receipt of acceptance, and explain the fact that he/she has already applied for review.

Q4: When does the deadline start to count from?

Generally, the time limit starts from the date when the party concerned knows about the administrative act. In practice, it is usually calculated from the date when the document is served. For service by detention, it is calculated from the date when the recipient signs for it or the date when the witness signs for the execution notice; for service by announcement, it is calculated from the date specified in the announcement. Therefore, it is recommended that when signing for the document, the signatory record the date of signing and keep the mailing receipts, signing forms and other evidence to avoid disputes over the time of service in the future.

Q5: Can I still claim my rights if the deadline has passed?

Once the statute of limitations for administrative litigation expires, the case is usually no longer accepted, so time management is of great importance. However, there are still some options: First, if there are justifiable reasons such as force majeure, the statute of limitations can be deducted or extended according to law; Second, some disputes over expropriation compensation can be reflected through mechanisms such as reconsideration, petitioning, or coordination; Third, even if the litigation channels are limited, it is still possible to negotiate compensation plans with the expropriating party. It should be noted that negotiation may mean accepting the existing conditions, so it should be carefully evaluated. For related time limits, please refer to the relevant regulations.Land expropriation and demolition, and administrative litigationThe description in the column.

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, so as to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney Cheng Chunmei·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.