[Direct answer]In the Beijing area, there is no unified and public "success rate" data for administrative compensation cases. Whether compensation can be obtained depends on three factors: whether the administrative act is confirmed as illegal, whether the damage falls within the scope of state compensation, and whether the causality and the amount of the loss can be proven. According to the "State Compensation Law of the People's Republic of China" (implemented on January 1, 1995 and amended on April 29, 2010), administrative compensation is premised on the administrative organ's illegal exercise of its powers and infringement of legitimate rights and interests. The scope of compensation is limited to compensation for personal freedom, compensation for damage to life and health, and direct property losses, and expected benefits are generally not included. If the illegality has been confirmed by a valid judgment and the evidence of the loss is sufficient, the likelihood of obtaining compensation is higher; if the claimant merely makes a general claim for losses, the risk of losing the case is greater. It is recommended to first assess the confirmation of illegality and the evidence, and relevant reference materials can be consulted for this purpose.Special services and other casesColumn.

I. Problem background and typical scenarios

This type of consultation is common in several situations: First, when houses or factories are illegally demolished, and the parties want to know the prospects of claiming compensation; Second, when administrative penalties are revoked or confirmed to be illegal, and they plan to claim compensation for operating losses separately; Third, when administrative authorities fail to perform their statutory duties and cause losses, and they want to pursue compensation liability; Fourth, when they plan to file a compensation claim together with a review or lawsuit, and are struggling with the choice of procedure; Fifth, when they have already sued for compensation on their own but lost the case due to insufficient evidence, and want to evaluate whether hiring a lawyer can improve the outcome. When handling similar cases in the Beijing area, lawyers usually first examine the confirmation of the illegality, then check whether the evidence chain of the losses is complete, and finally evaluate the scope and strategy of professional representation.

II. Key points of contention

Focus One: The Prerequisite of Illegality. Administrative compensation is based on the illegality of the exercise of official powers. Generally, it requires that the court first revoke the judgment, confirm the illegality of the judgment, or review the decision. Claims for compensation without prior confirmation are often rejected in the procedural review. Focus Two: The Scope of Compensation. Direct losses are compensable. Necessary recurring expenses during the suspension of production and business operations may be supported under certain conditions, but generally, anticipated benefits are not compensated. Focus Three: The Burden of Proof. The claimant bears the burden of proof for the facts of the damage and the causality. If the defendant is unable to provide evidence due to reasons attributable to the defendant, the defendant shall bear the adverse consequences. Focus Four: The Procedural Choice between Concurrent Claims and Separate Claims. For separate claims, the claimant must first apply to the obligated compensation authority. Focus Five: Compensation for Mental Damage. It is only applicable when personal rights are infringed and the consequences are serious. Focus Six: The Relationship between the Role of Lawyers and the Outcome. The organization of evidence and the estimation of compensation items directly affect the outcome. The above content is based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Judging from the practical experience of lawyers handled by our firm, the success or failure of administrative compensation cases follows a relatively clear pattern. Firstly, the confirmation of illegality is the first threshold. Where there are judgments confirming the illegality of forced demolitions or decisions revoking punishments, compensation claims are often easily granted. Where the illegality has not been confirmed, it is advisable to first resolve the issue through litigation to confirm the illegality or through administrative reconsideration, rather than rushing to seek compensation. Secondly, the evidence of losses determines the amount of compensation. Property ownership certificates, appraisal reports, inventory lists, bills, and audit materials directly affect the amount. Where the evidence is lost due to the administrative authority's fault, the party should promptly explain the situation and claim the transfer of the burden of proof. Thirdly, the court tends to be relatively lenient in determining direct losses, but strictly controls the losses of production and business interruption and mental harm, which require special evidence organization. Fourthly, common pitfalls include: compensation claims with unsupported exorbitant amounts, omission of pre-litigation procedures, and confusion between the different paths of state compensation and state relief. The core value of hiring a lawyer lies in procedural selection, evidence organization, and detailed calculation of compensation items, rather than making vague promises about the success rate. For cases involving expropriation and compensation, it is also advisable to refer to relevant provisions of the State Compensation Law and the Implementing Regulations of the State Compensation Law. 结合本所代理律师的实务经验，行政赔偿案件的胜败规律比较清晰。第一，违法性确认是第一道门槛。已有强拆违法判决、撤销处罚决定的，赔偿请求往往水到渠成；违法性未确认的，宜先通过确认违法之诉或复议解决，而非急于索赔。第二，损失证据决定赔偿数额。权属证书、评估报告、库存清单、票据、审计资料等直接影响金额，因行政机关原因证据灭失的，应及时说明并主张举证责任转移。第三，法院倾向上，对直接损失的认定相对宽松，对停产停业损失与精神损害从严把握，需专门组织证据。第四，易踩的坑包括：赔偿请求金额漫天要价却无证据支撑、遗漏先行处理程序、混淆国家赔偿与国家补偿的不同路径。委托律师的核心价值在于程序选择、证据组织与赔偿项目的精细化测算，而非对胜诉率作空泛承诺。涉及征收补偿背景的，还可参考《国家赔偿法》《国家赔偿法实施条例》相关规定。Land expropriation and demolition, and administrative litigationColumn.

IV. Practical suggestions and legal basis

Action suggestions: 1. Review existing court rulings to confirm the determination of illegality; 2. Classify and fix evidence of losses, including ownership certificates, appraisal reports, photos and videos, and financial documents; 3. Select a procedural path: either raise a compensation claim during the review or litigation of administrative actions, or apply to the compensation obligation organ after the determination of illegality, or initiate separate litigation if compensation is not provided within the time limit; 4. Calculate compensation claims item by item to avoid unfounded high claims that may undermine overall credibility; 5. Pay attention to preliminary handling and litigation deadlines, and maintain evidence throughout the process. Legal basis: - Article 3 and Article 4 of the *Law of the People's Republic of China on State Compensation* (implemented on January 1, 1995 and amended on April 29, 2010) define the scope of administrative compensation; - Article 9 stipulates that compensation claims may be raised simultaneously with applications for administrative reconsideration or administrative litigation; - Article 38(2) of the *Administrative Litigation Law of the People's Republic of China* (implemented on October 1, 1990 and amended on July 1, 2017) stipulates that in administrative compensation cases, if the defendant fails to provide evidence due to its own reasons, the burden of proof shall be borne by the defendant. - For related procedural details, please refer to the above-mentioned laws and regulations.Special services and other casesColumn.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, there is no official unified data on the success rate of litigation. Any marketing rhetoric claiming a "high success rate" should be cautiously viewed, as the outcome depends on the evidence of each case. Secondly, the scope of compensation is limited to direct losses. Demanding exorbitant compensation may actually hinder mediation and adjudication. Thirdly, the time limits for preliminary settlement and litigation are procedural deadlines. Missing these deadlines will result in the loss of claim opportunities. Fourthly, do not rashly pursue individual claims before the illegality of the act has been confirmed. It is recommended to entrust a professional lawyer to conduct a comprehensive feasibility assessment and seek further advice if necessary.Beijing Henglue Law FirmIt's a similar column on the official website.

VI. Frequently Asked Questions

Q1: Can administrative compensation lawsuits be won?

It depends on the evidence of the case rather than general probabilities. If the illegality has been confirmed by a valid judgment and the evidence of the losses is complete, the chances of winning the compensation are higher; if the illegality has not been confirmed or the claims are mostly for indirect losses, the risk of losing the case is high. The scope of compensation is limited to compensation for personal freedom, compensation for damage to life and health, and direct property losses. Anticipated benefits are generally not supported. It is recommended that lawyers first evaluate the illegality and the chain of evidence, and then decide on the compensation strategy and procedural path.

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

There are mainly three categories: First, evidence of illegality, such as judgments confirming violations or revoking administrative acts, and review decisions; Second, evidence of damage, including ownership certificates, appraisal reports, on-site photos and videos, inventory lists, financial receipts, and wage and social insurance records; Third, evidence of causality, proving the connection between the loss and the illegal exercise of authority. Where the administrative organ is unable to provide evidence due to its own reasons, the burden of proof shall be borne by the defendant in accordance with Article 38 Paragraph 2 of the Administrative Litigation Law. In this case, the defendant shall make every effort to explain the reasons for the loss of evidence.

Q3: How much does it cost to file a lawsuit for administrative compensation?

According to Article 41 of the State Compensation Law of the People's Republic of China, if a claimant requests state compensation, the compensation obligee, the review organ, and the people's court shall not charge them any fees, that is, there is no litigation fee in state compensation cases. The main cost is attorney's fees, which are determined through negotiation based on the complexity of the case and the difficulty of estimating the compensation items. For the parties involved, the main barrier to protecting their rights lies not in the cost, but in the evidence. They can first consult and evaluate the case before deciding on the scope of the entrustment.

Q4: How long does it take to obtain administrative compensation?

For those who file compensation requests concurrently with administrative reconsideration or administrative litigation, the cases will be handled in accordance with the timeframes of these procedures. Generally, first-instance ordinary procedures will be concluded within six months, and second-instance procedures will take about three months. For those who seek compensation separately, they shall first file a request with the compensation-liable organ. If no decision is made within two months or if they disagree with the decision, they may file a lawsuit with the court within three months after the expiration of the time limit. The timeframes for appraisal and evaluation will be extended accordingly. It is recommended to plan ahead for the procedural connection to avoid time limits being ineffective.

Q5: How should I proceed to request administrative compensation?

The first step is to confirm the basis of the illegality. Those who have already received a judgment of illegality can proceed directly to claim compensation, while those who have not yet been confirmed should first confirm the illegality or request a review. The second step is to categorize and evaluate the evidence of fixed losses and estimate the compensation items. The third step is to choose either a joint or separate claim path. For a separate claim, first submit a written application to the compensation obligation organ. The fourth step is to file a lawsuit within two months if no decision is received or if the claimant disagrees with the decision, and within three months if no decision is received within two months. The fifth step is to have professional lawyers coordinate the procedures and evidence, and relevant reference materials can be consulted for assistance.Special services and other casesColumn.

This article is written based on the common judicial interpretation 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. →Specialised services - 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.