[Direct answer]Yes. In the process of transforming shantytowns, if the person being expropriated disagrees with the compensation decision made by the municipal or county-level people's governments, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law. According to Articles 45 and 46 of the Administrative Litigation Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017), if they directly file a lawsuit with the people's court, they generally should do so within six months from the date they know or should have known of the administrative act; if they disagree with the reconsideration decision, they may file a lawsuit within 15 days from the date they receive the decision letter. It should be noted that the compensation decision will not be suspended in principle during the reconsideration and litigation periods. If the compensation is too low, the remedies usually lie in the legality of the expropriation procedure, the fairness of the evaluation report, and whether the resettlement measures have been implemented. It is recommended to check the date of service immediately after receiving the compensation decision and consult a lawyer as soon as possible. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

The transformation of shantytowns has progressed rapidly and involved a wide range of areas, with compensation disputes being particularly concentrated. Typical scenarios include: the signing period being too short after the compensation plan is announced, resulting in the people subject to expropriation not having time to compare nearby house prices before receiving the compensation decision; the evaluation price being significantly lower than the market price in the same area; the relocation housing being located far away and with reduced floor areas; compensation being suppressed on the grounds of no certificates or residential conversion to commercial use; and the people subject to expropriation being at a loss after receiving the compensation decision, mistakenly believing that they can only accept it once they have signed it, or thinking that it is a government decision and litigation is useless. In fact, the compensation decision is a litigable administrative act, and the law explicitly grants two relief channels of administrative reconsideration and litigation. The key lies in taking timely action and finding the breakthrough point.

II. Key points of dispute

There are three focal points of the dispute. Firstly, the litigability and time limit of the compensation decision: the compensation decision falls within the scope of administrative litigation, but there are statutory time limits such as six months for filing a lawsuit. If the time limit is exceeded, the right to relief may be lost. Secondly, the dispute over the evaluation and compensation standards: the selection of evaluation institutions, reference cases, and whether the evaluation time point is legal and fair often determine whether the compensation gap can be reduced. Thirdly, the legality of the expropriation process: whether the announcement, solicitation of opinions, and publicity of the compensation plan are in accordance with the law. Procedural flaws may become a basis for revocation or modification. For issues involving the effectiveness of the compensation decision and the remedial path, they can be combined with each other.Legal services for land expropriation and demolition, and administrative litigationSystem evaluation.

III. Professional analysis by Henglue Lawyers

When compensation is not in place, how to promote the fulfillment of duties through legal procedures? A case handled by Henglue Law Firm is quite instructive. Liu ** from Area A of Zhengzhou City held a valid collective land construction land use certificate. The area where his homestead was located was approved for expropriation by the People's Government of Henan Province as early as 2015. On March 18, 2026, Liu ** mailed the "Application for Fulfilling the Legal Duties of Compensation and Resettlement" to the Management Committee of Area A of Zhengzhou City, requesting the committee to fulfill its duties of land expropriation compensation and resettlement for the homestead and the buildings on it. The management committee signed for receipt on the same day, but only transferred the materials to the office the next day without making any response itself. The "Decision on Demolition Compensation and Resettlement" subsequently issued by the office was not of the same legal nature as land expropriation compensation and resettlement. Until June 24, 2026, when Liu ** applied for reconsideration, the management committee still failed to respond.

After Attorney Xi Chaoli accepted the case, she regularly received complete timelines of applications, transfers, and documents issued by the office, as well as requests for reconsideration. She organized evidence such as applications for performance of duties, receipt processing forms, collective land construction use certificates, and land expropriation approvals, and put forward the core opinion that: transferring the case does not equal performance of duties, and office documents cannot replace the statutory responsibilities of the management committee. Failure to respond within the time limit constitutes administrative omission. The reconsideration authority held that demolition compensation and resettlement and land expropriation compensation and resettlement are different forms of compensation and resettlement. The management committee failed to respond to the application for land expropriation compensation and resettlement within the statutory time limit of 60 days. According to Article 24 Paragraph 1 of the Implementing Regulations of the Administrative Reconsideration Law of the People's Republic of China (effective August 1, 2007) and Article 66 of the Administrative Reconsideration Law of the People's Republic of China (effective January 1, 2024), the management committee was ordered to handle the application for performance of duties within 60 days from the date of receipt of the decision. This case is handled by Beijing Henglu Law Firm.Zhai Chao LiThe attorney (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 26 (issuance of compensation decisions and remedies) of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (effective January 21, 2011); Article 45 (time limit for suing after reconsideration) and Article 46 (six-month time limit for direct suing) of the "Administrative Procedure Law of the People's Republic of China" (amended on June 27, 2017 and effective July 1, 2017); and the provisions on reconsideration applications, acceptance, and decisions in the "Administrative Review Law of the People's Republic of China" (effective January 1, 2024). Practical suggestions: 1. After receiving the compensation decision, record the date of service and calculate the 60-day time limit for reconsideration and the 6-month time limit for suing. 2. Submit written objections to the appraisal report and apply for review. 3. Simultaneously organize the acquisition announcements, compensation plans, and communication records. 4. Initiate reconsideration or litigation in a timely manner before the time limits expire to avoid letting rights lapse.

5. Henglu Law Firm's Reminder

The compensation decision is not the end, but the starting point of remedies. Please pay attention to three points: First, the time limit. For administrative acts, the application for reconsideration is generally within 60 days from the date of knowing the facts, and direct litigation is generally within six months. Failure to do so may result in the loss of the right to win the case; Second, the execution risk. During the period of reconsideration and litigation, the compensation decision will generally not be suspended. If you encounter forced eviction, you should call the police immediately and fix the evidence; Third, the strategy. Procedural violations and low compensation often overlap. It is recommended to entrust a lawyer to conduct a systematic evaluation before choosing reconsideration or litigation. Do not miss the deadline due to delay, and do not take excessive actions that may lead to prosecution. For those who need evaluation, they can do so throughBeijing Henglue Law FirmConsultation.

VI. Frequently Asked Questions

Q1: If I sue against the decision of the compensation for the urban renewal project, do I have a good chance of winning?

The chances of success depend on whether there are circumstances in which the compensation decision can be revoked or modified. If the expropriation process is illegal, such as failing to announce it according to law, failing to guarantee the right to raise objections to the appraisal, or the compensation standard being significantly deviated from the market price, there is a greater opportunity to correct it through reconsideration or litigation. If the process is standard and the compensation is generally fair, the room for change is limited. Lawyers usually first verify the entire expropriation process and the basis for the appraisal, and then evaluate feasible approaches. It's important to note that there are statutory deadlines such as six months for filing a lawsuit, and the case may not be accepted if it's filed beyond the deadline. It's recommended to hire a lawyer to conduct an assessment as soon as possible and organize evidence and manage deadlines in advance.

Q2: What evidence do I need to prepare for a lawsuit seeking compensation?

The core evidence includes: the compensation decision and the service certificate (proving the starting date of the litigation period); the expropriation decision, the expropriation announcement, and the compensation plan; the appraisal report and the written objection records; the real estate ownership certificate or the housing land use certificate; the housing area, structure, and decoration materials; the reference materials of similar real estate prices in the surrounding area (proving that the compensation is too low); and the records of consultation and communication. The goal of organizing the evidence is to prove that the compensation decision is illegal or obviously improper: whether the procedure is legal, whether the appraisal is fair, and whether the resettlement has been implemented. The more complete the materials are, the more conducive it will be for the court or the review organ to support the claim.

Q3: How much will it cost in attorney's fees and litigation fees to sue for compensation?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees", calculated on the basis of the amount of the litigation request and accumulated in stages. The losing party shall ultimately bear the fees or share them according to the proportion of the victory and defeat. The attorney's fees shall be determined through consultation between the law firm and the client, usually charged on the basis of the amount of the subject matter or paid by the hour at different stages of the case. The fees must be collected by the law firm and a written contract must be signed. There is no nationwide standard pricing for these fees. Note: In administrative litigation cases, risk-based attorney fees are prohibited by law. Before signing the contract, the client should require the law firm to list the fees, the stages included, and the refund conditions in writing. Be cautious of low-price attracting clients and then charging higher fees. The specific fees shall be subject to the current effective regulations and the entrustment contract.

Q4: How long does it usually take to resolve a dispute over a compensation decision?

It depends on the specific procedure. Generally, administrative reconsideration decisions are made within 60 days from the date of acceptance, and the time limit may be extended by no more than 30 days if the case is complex. Administrative litigation in the first instance is concluded within six months and in the summary procedure within three months. Appeals against judgments in the second instance are generally completed within three months. In practice, cases with clear procedural violations may be confirmed more quickly, but disputes over compensation amounts often require appraisal, cross-examination, and court hearings, which take a relatively longer time. During this period, the implementation of compensation decisions is generally not suspended. The expropriated persons should arrange for a transition in advance and cooperate with lawyers to advance at each stage.

Q5: If you receive an unsatisfactory compensation decision, what should you do specifically?

Four steps to proceed: First, record the date of delivery and calculate the deadlines of 60 days for reconsideration and 6 months for litigation; Second, submit written objections to compensation, apply for review or appraisal of the evaluation report, and retain reference materials on surrounding housing prices; Third, organize the expropriation announcements, compensation plans, ownership certificates, and communication records, and entrust lawyers to evaluate procedural defects and compensation gaps; Fourth, choose between administrative reconsideration and administrative litigation within the deadline, and if necessary, connect the two. Never refuse to receive documents or delay responses, and do not take excessive actions. Only by asserting rights in accordance with the law can we maintain our initiative.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney Xi Chao Li·Beijing Henglue 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.