[Direct answer]Administrative compensation cases themselves do not charge case acceptance fees: According to Article 8 of the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), administrative compensation cases do not pay case acceptance fees; according to Article 34 of the "State Compensation Law of the People's Republic of China" (amended in 2012 and implemented since January 1, 2013), the compensation obligation organ, the review organ, and the people's court shall not charge any fees from the compensation claimant. The attorney's fees are determined by the client and the law firm through consultation. In the Beijing area, market-regulated prices are implemented, and fees are commonly charged on a per-case basis or in segments based on the amount of the dispute. It should be noted that administrative litigation and state compensation cases are not allowed to implement risk-sharing agreements according to law, and the attorney's fees are generally borne by the client themselves. For reference only.Special services and other casesColumn.

1. Problem background and typical scenarios

This type of consultation is common in several situations: First, when houses or factories are illegally demolished, and enterprises or individuals intend to claim state compensation and want to understand the cost of hiring a lawyer; Second, when administrative authorities cause losses by illegally sealing up, detaining, or freezing property; Third, when enterprises enter the claim stage after the closure and punishment in fields such as environmental protection and market supervision are confirmed to be illegal; Fourth, when compensation is provided after administrative acts are revoked or confirmed to be illegal in the expropriation process; Fifth, when parties first confirm the illegality in the review and litigation process, and then hire lawyers to initiate compensation proceedings separately. For disputes involving demolition and expropriation, you can refer to the following cases for reference:Land expropriation and demolition, and administrative litigationColumn.

II. Key points of contention

Focus One: Billing Methods. Administrative compensation is typically charged on a per-case basis or based on the value of the disputed property. In the Beijing area, there are no government-set prices, and fees are negotiated between the parties and specified in the engagement contract. Focus Two: Prohibition of Contingency Fees. According to Article 12 of the "Measures for the Administration of Lawyer's Service Fees" (effective December 1, 2006), contingency fees are not allowed in administrative litigation and state compensation cases. Unregulated agencies that promise "no fee if no compensation" are not reliable. Focus Three: Whether the attorney's fees can be borne by the other party. State compensation is limited to direct losses, and attorney's fees are generally borne by the client, though this can be negotiated in some cases. Focus Four: The compensation scope should match the lawyer's input. Cases with high difficulty in loss assessment and lengthy procedural chains typically incur higher fees. Focus Five: Overall procedural costs are relatively low. Court fees are not charged, but the determination of illegality and compensation may proceed in stages. Specific provisions refer to currently valid laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of lawyers handling administrative compensation cases at our firm, the quotation usually takes the following factors into account: 1. Whether the case has been confirmed as illegal. If the administrative act still needs to be confirmed as illegal through a reconsideration or litigation process, the procedures will be more complex and the costs will increase accordingly. 2. Whether the losses require appraisal and evaluation. The more items involving houses, equipment, and operational losses, the greater the workload will be. 3. The completeness of the evidence. Cases with complete ownership documents, on-site images, and property lists can be quoted per item, while those with incomplete evidence will be charged by stages. In Beijing, the common structure for handling similar cases is to charge per item for preliminary consultation and filing agency, and then charge separately for each procedural stage. It should be noted that compensation requests should first be submitted to the compensation obligated organ, which shall make a decision within two months from the date of receipt of the application. If the decision is not made within the time limit or the applicant is dissatisfied with the decision, they can file a compensation lawsuit. Lawyers will arrange the work and fees for each stage accordingly. Prohibiting contingency fee arrangements means that contracts cannot be signed with the promise of "splitting the compensation after receiving it". When encountering such promises, one should be vigilant about compliance risks.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the basis of the violation and use administrative review or litigation to determine that actions such as shutdown and forced demolition are illegal, which is a prerequisite for compensation. Second, submit a written compensation application to the compensation obligation organ, stating the items and amounts of losses, and attaching an appraisal report or receipts. Third, review the list of direct losses in accordance with Article 36 of the State Compensation Law of the People's Republic of China to avoid omissions. Fourth, sign a written entrustment contract with a law firm to clarify the fees and payment deadlines at each stage, and avoid signing blank contracts. Fifth, pay attention to the statute of limitations. According to Article 39 of the law, the statute of limitations for requesting state compensation is two years, starting from the date when the claimant knows or should have known that his rights and interests have been infringed. In terms of legal basis, Articles 34, 36, and 39 of the State Compensation Law of the People's Republic of China respectively stipulate the principle of no fees, the scope of compensation, and the statute of limitations; Article 8 of the "Measures for the Payment of Litigation Fees" clearly states that there is no need to pay case acceptance fees for administrative compensation cases; and the "Measures for the Administration of Lawyer's Service Fees" stipulate the charging principles and the scope of prohibiting contingency fees. Relevant administrative procedures can be referred to for reference.Land expropriation and demolition, and administrative litigationColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, the two-year statute of limitations for compensation is easily overlooked. You should file a compensation application as soon as possible after confirming the violation. Secondly, illegal risk representation is not only invalid but may also harm your rights and interests. You should verify the legality of the fee charging method before signing the contract. Thirdly, compensation is limited to direct losses. Whether production and business suspension losses, interest, and other items can be supported varies from region to region and case to case. Fourthly, don't believe in the promise of "guaranteed compensation". No lawyer can guarantee the outcome. It is recommended to consult on a case-by-case basis.Beijing Henglu Law FirmFor similar columns on the official website, please entrust the service after clearly understanding the fees and solutions involved.

VI. Frequently Asked Questions

Q1: Can we win the administrative compensation lawsuit?

The key lies in whether the administrative act is confirmed to be illegal and whether the losses can be proven. If the procedures of forced demolition, seizure, etc. are illegal or lack a legal basis, there is a higher chance of confirming the illegality through reconsideration or litigation. As for the compensation part, it depends on the evidence of the losses. Direct losses with clear ownership and supported by appraisal reports are more likely to be supported. Lawyers can assess the strength of the evidence, but any promise of "guaranteed victory" is not credible.

Q2: What evidence do I need to prepare when filing for administrative compensation?

Mainly including: documents or on-site evidence proving the existence of the administrative act; ownership certificates (property certificates, land documents, equipment invoices); loss lists and appraisal reports; financial books and tax payment records; on-site photos and videos; and police reports. If the administrative act has not been confirmed as illegal, the materials needed for reconsideration or litigation should also be prepared. It is necessary to first confirm the illegality before claiming compensation.

Q3: How much does it cost to hire a lawyer for administrative compensation?

In the Beijing area, market-regulated prices are implemented, and negotiations are usually conducted on a per-item basis or based on the value of the disputed property, with the specific terms subject to the provisions of the entrustment contract. Regarding case acceptance fees, according to Article 8 of the "Measures for the Payment of Litigation Costs", administrative compensation cases do not require payment of fees; and according to Article 34 of the "State Compensation Law of the People's Republic of China", the authorities are also not allowed to charge fees from the compensation claimants. Overall, the procedural costs are relatively low, with the main expenditure being attorney's fees.

Q4: How long does the administrative compensation process take?

For applications submitted to the compensation-liable authorities, the authorities shall make a decision within two months from the date of receipt of the application; if the applicant disagrees with the decision or the authorities fail to make a decision within the time limit, the applicant may file a compensation lawsuit. The first-instance trial is usually completed within six months, and the second-instance trial takes about three months. If it is necessary to first confirm the illegality, the time for reconsideration or litigation will be extended. Overall, the duration of the entire procedural chain ranges from several months to more than a year.

Q5: What should I do first for administrative compensation?

The first step is to sort out the basis of the violation and confirm that the administrative act is illegal through reconsideration or litigation; the second step is to submit a written compensation application to the compensation-liable organ within the two-year statute of limitations; the third step is to entrust an evaluation agency to quantify the losses and organize the supporting documents; the fourth step is to promptly initiate compensation litigation if the organ fails to make a decision within the time limit or makes an improper decision; the fifth step is to clarify the fee charging method and the plans for each stage with the lawyer, which can be referred to for reference.Special services and other casesColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. →Specialised services - Legal services·Beijing Henglue 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 a dispute arises, please consult a practicing lawyer in time.