[Direct answer]In the Beijing area, government information disclosure is a low-cost and highly effective way to gather evidence in the process of defending rights against demolition. According to Article 19 and Article 21 of the "Regulations on Government Information Disclosure of the People's Republic of China" (amended on April 3, 2019 and implemented on May 15, 2019), documents such as approval notices, announcements, plans, and funding proofs related to land expropriation and compensation should generally be disclosed either proactively or upon request. Parties can apply for the disclosure of land expropriation approvals, expropriation announcements, compensation and resettlement plans, proofs of compensation funds being in place, and distribution ledgers, in order to verify the legality of the expropriation and identify any failures of administrative authorities to perform their duties or provide illegal responses. For responses stating that "the information does not exist" without providing evidence of the search scope, or responses refusing disclosure entirely on the grounds of privacy, parties can apply for administrative reconsideration to request the revocation of the decision and a new disclosure. 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 root cause of many demolition disputes is that the parties do not have sufficient materials to determine whether the project is legal or not. Typical scenarios include: only receiving part of the resettlement transitional fees but not being able to trace the flow of funds; being told to "follow the plan" but not being able to see the full text of the plan; suspecting that the scope of the expropriation does not match the approval documents but having no evidence to prove it; and being denied access to information under the pretext of protecting privacy after applying for disclosure. In these situations, information disclosure is a breakthrough, and the relevant rules can be referred to for more details.Legal services for land expropriation and demolition, and administrative litigation.

II. Key points of contention

The controversy focuses on four points. Firstly, the scope of public disclosure: land expropriation approval documents, expropriation announcements, compensation plans, proof of fund availability, and disbursement records all fall within the scope of public disclosure, as they relate to the legality of expropriation and fair compensation. Secondly, the defense of non-existence of information: if the administrative authorities merely state in a general way that "the information does not exist after searching," without specifying the scope and method of the search, it is difficult to exempt them from the obligation of public disclosure. Thirdly, privacy and differential treatment: for information containing third-party information, the authorities should seek the third party's opinion in writing and, where it can be processed in a differential manner, the information should be disclosed after being anonymized, rather than being refused in its entirety. Fourthly, the completeness of responses: responses to multiple applications should address each item individually and cannot avoid specific details. When handling similar cases in the Beijing area, it is recommended to take information disclosure as the first step in evidence collection.

III. Professional analysis by Hengluo Lawyers

The government information disclosure review case handled by Beijing Henglu Law Firm demonstrates the path of leveraging information disclosure to safeguard rights and interests through compensation. Liu **'s house was located within the scope of the overall development and transformation project of Shuguang Village in Luoyang City, but he only received part of the relocation transitional allowance. To verify the legality of the project and the flow of funds, Attorney He Ningning (practice license number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) guided Liu ** to request the disclosure of five materials: the housing expropriation announcement, the compensation and resettlement plan and announcement, the proof of the arrival of expropriation compensation funds, the proof of the arrival and distribution of relocation transitional allowance funds, and the transitional allowance distribution ledger and the explanation of the reasons for insufficient distribution. The district government replied by only providing the text of the plan, claiming that the information about the funds did not exist or was not disclosed due to privacy concerns. The attorney initiated an administrative review, pointing out that the district government failed to provide evidence of the search scope and did not distinguish between the processing of archival information, violating Articles 36 and 37 of the "Regulations on the Disclosure of Government Information". The review authority determined that the proof of transitional allowance funds meets the conditions for disclosure, and the ledger can be anonymously de-identified and processed separately. The district government was ordered to redress the situation. This case was handled by Beijing Henglu Law Firm.He NingningAttorney (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 19, Article 21, Article 32, Article 36, and Article 37 of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (amended on April 3, 2019 and implemented on May 15, 2019), regarding proactive disclosure, disclosure upon request, and different forms of processing and response; Article 47 and Article 48 of the "Land Administration Law of the People's Republic of China" (amended on August 26, 2019 and implemented on January 1, 2020), regarding the announcement of expropriation and the implementation of compensation; Article 32 of the "Implementation Regulations of the Land Administration Law of the People's Republic of China" (amended on July 2, 2021 and implemented on September 1, 2021), regarding the availability of compensation funds. Action list: 1. List the specific names and document numbers of the materials to be applied for; 2. Submit the application by methods that allow for preserving proof, such as mailing; 3. For cases of delayed response, refusal to disclose information, or incomplete responses, apply for a review within the legal time limit; 4. During the review, require the administrative authority to provide evidence on the search scope and different forms of processing, as detailed in the regulations.Legal services for real estate transactions and construction projects.

5. Henglu Law Firm's Advice

The value of information disclosure lies not only in "obtaining the materials", but also in "fixing the administrative organ's response behavior": a response stating that the information does not exist or has not been processed may itself become evidence confirming the illegality in the review process. When applying, the applicant should provide specific and clear statements to avoid being deemed too broad and requiring further processing and sorting. At the same time, attention should be paid to the fact that parts involving the identities of other expropriated persons and payment information can be anonymized according to law, and should not be rejected as a whole for this reason. When handling similar cases in the Beijing area, the applicant can contact the relevant departments for assistance.Beijing Hengluo Law FirmDesign a combination strategy for application and review.

VI. Frequently Asked Questions

Q1: Is it guaranteed that I will get the materials if I apply for information disclosure?

It's not necessarily the case, but administrative authorities must respond in accordance with the law. Where the information falls within the scope of public disclosure and has been compiled and stored, it should be provided; where it should not be disclosed according to law, the reasons should be explained; and where the information does not exist, the search scope and methods should be explained. For multiple applications, responses should be given on a case-by-case basis, and where the information can be processed separately, it should be disclosed after being anonymized. If the response is illegal, the party concerned may apply for administrative reconsideration to request its revocation and redetermination. The key point is to urge administrative authorities to fulfill their obligations of providing evidence and making a distinction in processing the information.

Q2: What do I need to prepare for applying for information disclosure?

There are three core preparations: First, identify the applicant, that is, the administrative organ or the subject of the expropriation who holds the information; Second, list the specific names, document numbers, or content references of the materials to be disclosed, such as the land expropriation approval, the expropriation announcement, the compensation plan, and the proof of fund availability; Third, keep the submission certificates. It is recommended to send them by postal EMS and indicate "Application for Government Information Disclosure" on the cover. Save the receipt and signing records as evidence for subsequent appeals.

Q3: How much does it cost to apply for information disclosure?

According to the "Regulations on the Disclosure of Government Information", administrative authorities generally do not charge fees for providing government information upon request, but may only recover a small amount of costs such as retrieval, copying, and mailing. The specific implementation shall be in accordance with relevant regulations. If you are not satisfied with the reply and file an administrative review, the review itself will not be charged; if you entrust a lawyer to apply for and review on your behalf, the lawyer's fees shall be determined through consultation between the law firm and the client, with no unified government pricing. It is recommended to clarify the scope of services and fees before signing the contract.

Q4: How long does it take from applying to receiving the materials?

After receiving the application, the administrative organ shall respond on the spot if possible; if not, it shall respond within 20 working days from the date of receipt, and the extension period shall not exceed 20 working days. The period involved in soliciting the opinions of third parties shall not be included. If the applicant is not satisfied with the response and wishes to file an appeal, the appellate organ shall generally make a decision within 60 days from the date of acceptance. The overall cycle varies from several weeks to several months, depending on whether the response is standard and whether the case enters the appeal process.

Q5: What should I do if the reply says the information doesn't exist or involves privacy issues?

You may apply for administrative reconsideration according to law, requesting the revocation of the reply and an order to make a new decision. During the reconsideration, the focus will be on two points: first, whether the administrative organ has explained the search scope, search methods, and reasonable due diligence obligations, and simply claimed that it is difficult to avoid responsibility if the information does not exist; second, if the information involves third-party information, whether the administrative organ has sought the third party's opinion in writing and whether it can be processed separately. For the parts that meet the conditions for disclosure or can be processed with data anonymization, the reconsideration organ may order their disclosure in accordance with the law. For more details, please refer to the following document:Legal services for land expropriation and demolition, and administrative litigation.

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 Hengluo Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Land expropriation and demolition legal services·Attorney He Ningning·Beijing Hengluo 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. In case of disputes, please consult a practicing lawyer in time.