[Direct answer]In the Beijing area, if the right to a hearing on compensation for expropriation is denied, legal remedies are available. According to Article 47 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020), the expropriation compensation and resettlement plan shall be announced within the township (town) and village where the land to be expropriated is located, and the opinions of the collective economic organizations and their members shall be heard. If the majority of the members believe that the plan does not comply with the law, the local people's governments at or above the county level shall organize a hearing and modify the plan based on the results of the hearing. If the request for a hearing is denied, the plan is submitted for approval without being announced in accordance with the law, or the expropriation procedure is illegal, the parties may apply for administrative reconsideration within 60 days from the date they become aware of it, or file an administrative lawsuit within six months, requesting the confirmation of the illegal procedure and the revocation of the relevant decisions. It is recommended to consult as soon as possible.Land expropriation and demolition lawyers and administrative litigation lawyers.
1. Problem background and typical scenarios
The hearing is an important step in the expropriation process to ensure the right of the expropriated to be heard, but it's not uncommon for this right to be undermined in practice. Typical scenarios include: the compensation and resettlement plans are never publicly announced in the village, so villagers have no way of knowing about them, let alone applying for a hearing; when villagers jointly request a hearing, the expropriator evades responsibility by saying "it doesn't affect the majority" or "the meeting has already been held"; the hearing is announced at the last minute and invitations are selective, making it a mere formality; and the expropriator refuses to organize a hearing on the grounds of "minority opinions" and directly submits the application for land approval. Many villagers mistakenly believe that "if they're not allowed to participate, they just have to accept it," missing the window for providing evidence of procedural violations. In fact, procedural violations are the key to revoking the expropriation decision and striving for renegotiation. For disputes over property and land ownership, relevant evidence can be combined with the legal procedures to protect the legitimate rights and interests of the parties involved.Legal services for real estate transactions and construction projectsOverall assessment.
II. Key points of dispute
There are three key points in such cases. First, is a hearing mandatory? The law stipulates that a hearing shall be initiated when "a majority of members have objections to the plan". It is necessary to demonstrate that the majority of villagers indeed have objections, such as joint signatures and minutes of villagers' meetings. Second, how to prove procedural violations? Whether the plan was announced in accordance with the law, whether the announcement period has expired, and whether opinions were heard and feedback provided all require written evidence. Oral claims made afterwards are difficult to be accepted. Third, the consequences of procedural violations: failure to hold a hearing in accordance with the law and failure to announce the plan may lead to the revocation of the compensation and resettlement decision or an order to restart the procedure, which in turn affects the overall legality of the expropriation. If you encounter improper treatment during the rights protection process, you can seek help from relevant authorities.Criminal defense legal servicesEnsure safety.
III. Professional analysis by Hengluo Law Firm
The Liu ** case handled by Attorney He Ningning of Hengluo Law Firm illustrates the remedial path when procedural rights are undermined. Liu **, a villager of a town in H City, had his house included in the scope of expropriation for the high-speed rail construction project but failed to receive resettlement compensation. Attorney He Ningning guided him to send a request for government information disclosure to the H City People's Government on September 23, 2025, seeking to obtain seven pieces of information including the project approval and approval documents, land expropriation approval, pre-announcement of expropriation, social stability risk assessment reports, compensation and resettlement plans and announcements, proof of compensation funds being in place, and expropriation announcements. The municipal government refused to provide the information on the grounds that "the house had not been expropriated and the information did not exist". Attorney He Ningning subsequently filed two administrative appeals, and the appellate authority ultimately ruled on April 14, 2026 that the respondent had failed to fulfill its statutory obligations to disclose government information and ordered it to provide a new response and information that meets the applicant's requirements. The same approach can be applied to the remedial process for the right to a hearing: first, verify through information disclosure whether the plan has been announced and whether the procedures have been followed, and then use administrative appeals or litigation to confirm the illegality and gain leverage for rights protection. This case was handled by Beijing Hengluo Law Firm. 何宁宁律师代理的刘某某案,说明了程序性权利被架空时的救济路径。刘某某系H市某镇村民,因高铁建设项目房屋被纳入征收范围却未获安置补偿。何宁宁律师指导其于2025年9月23日向H市人民政府邮寄政府信息公开申请,申请公开征收项目立项及批复、征地批复、征收预公告、社会稳定风险评估报告、补偿安置方案及公告、补偿资金到位证明、征收公告等七项信息;市政府以「房屋未被征收、信息不存在」为由拒绝提供。何律师据此两度提起行政复议,最终复议机关于2026年4月14日认定被申请人未依法履行政府信息公开法定职责,责令其重新作出答复并提供符合申请要求的信息。本案思路同样适用于听证权救济:先用信息公开核查方案是否公告、程序是否履行,再以复议或诉讼确认违法、形成维权筹码。本案由北京恒略律师事务所代理。He NingningThe attorney (practice license number: 11101202511925103, the document issued by the judicial administrative organ shall prevail) acts as the agent.
IV. Practical suggestions and legal basis
The legal basis is Article 47 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020) on land expropriation announcements, public hearings, and compensation and resettlement plans; the provisions of the Implementing Regulations of the Land Administration Law of the People's Republic of China (implemented on September 1, 2021) on expropriation procedures and the announcement of compensation and resettlement plans; the provisions of the Administrative Review Law of the People's Republic of China (implemented on January 1, 2024) on the time limit for review applications and the order to perform statutory duties; and Article 46 of the Administrative Litigation Law of the People's Republic of China (six-month litigation period). Practical suggestions: Apply for the disclosure of compensation and resettlement plans and their announcement materials as soon as possible to fix evidence of "non-announcement and non-hearing"; organize villagers to jointly form written objections; apply for administrative review within 60 days or file a lawsuit within six months; focus on procedural violations and decision revocation rather than general questioning of compensation levels.
5. Henglu Law Firm's Reminder
Procedural rights are often overlooked, but they are often the breakthrough points in cases. Firstly, don't wait until the compensation negotiation breaks down before thinking about procedures. You should raise objections in writing and keep the relevant evidence during the announcement of the plan stage; Secondly, joint objections can better prove that "most members have objections" than individual claims. Pay attention to collecting the original signatures; Thirdly, pay attention to deadlines. The review period is 60 days, and the litigation period is 6 months, both of which start from the date when you know or should have known that your rights have been infringed; Fourthly, express your demands rationally and avoid excessive actions that may lead to prosecution. If the expropriation has entered the stage of forced demolition or compensation decision, you can proceed with the next step.Creditor-debtor relations and enforcement case servicesAndSpecial services and other case servicesAdvance the relief efforts.
VI. Frequently Asked Questions
Q1: If the government refuses to organize a hearing, can the compensation decision be revoked through review or litigation?
If a majority of the members subject to expropriation do indeed have objections to the compensation and resettlement plan, and the government fails to organize a hearing in accordance with the law or to announce the plan before submitting it for approval, this constitutes a procedural violation. The review authority or the court may revoke the compensation and resettlement decision and order the government to re-perform the procedure. Whether the decision can be revoked depends on two factors: whether it can be proven that "a majority of members have objections" and "the procedure was indeed not performed", such as joint signatures and proof of non-announcement. If the objections only come from a minority or the procedure has been corrected, the scope for revocation is limited. The lawyer will first verify the procedural evidence and then make an assessment, without making any promises about the outcome.
Q2: What evidence do I need to prepare for protecting my rights?
The core evidence includes: a petition letter of objection signed by multiple villagers and the original signature; proof that the compensation and resettlement plan was not announced in the village (photos, witness statements, and statements from other villagers); documents and mailing receipts for applying for government information disclosure; the refusal of the acquisition party to respond or the content of their response; land ownership and housing certificates; and minutes of villagers' meetings or villagers' representative meetings. The goal of the evidence is to reconstruct the complete chain of "the plan was not announced - objections were raised - the hearing was refused", and the more solid the chain is, the more convincing the claim of procedural violations will be.
Q3: How much does it cost to hire a lawyer to handle such cases?
The attorney's fees are charged on a per-case basis, based on the complexity of the case, the procedural stages involved, and the workload. The specific fees are determined by the engagement contract and there is no unified standard. For group cases, clients can jointly appoint attorneys and negotiate fees collectively, thereby reducing the cost per case. It is recommended to clarify the scope of services (whether it includes information disclosure, reconsideration, and litigation stages) and the fee structure before signing the contract, and to confirm these terms in a contract stamped with the law firm's official seal to avoid subsequent disputes.
Q4: How long does it usually take from the application for a hearing to the resolution of the dispute?
If the case directly enters the relief procedure: The administrative review generally issues a decision within 60 days, and in complex cases, it may be extended by no more than 30 days with approval; the first-instance administrative litigation generally takes six months to conclude, and in simple cases, it can be concluded within 45 days using the summary procedure; the second-instance appeal cases generally take three months. If the applicant first applies for the information disclosure verification procedure, the authority shall respond within 20 working days. Overall, for group cases with complete procedures, there may be phased conclusions within several months, while those involving multiple rounds of procedures may span across years, so it is advisable to initiate the procedure as soon as possible.
Q5: My request for a hearing was denied. What should I do now?
There are four steps to proceed: First, organize and fix the evidence, including the joint objection letter, the proof that the plan has not been announced, and the communication records with the acquisition party; Second, apply to the government at or above the county level or the natural resources department for the disclosure of the compensation and resettlement plan, the announcement materials, and the hearing records, and verify the implementation of the procedures; Third, within 60 days from the date when you know your rights have been infringed, apply for administrative reconsideration, or file an administrative lawsuit within six months to request confirmation of the illegal procedures and the revocation of the relevant decisions; Fourth, jointly entrust lawyers with the villagers to form collective pressure. Throughout the whole process, safeguard your rights rationally and express your demands in accordance with legal procedures.
The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney He Ningning·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 a dispute arises, please consult a practicing lawyer in time.